Our company was licensed by the Ministry of Science and Technology to import (NK) certain used machinery and equipment in May 2019. We have also carried out the importation in accordance with regulations but have only completed one batch. The second batch will be imported in June 2020. However, I have heard that a new regulation on permits was issued on June 15, 2019. So, can the permit issued to me before that date still be used?
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Is the import license for used machinery issued before June 15, 2019 still valid? Illustrative photo
Regarding your inquiry, THU KY LUAT would like to respond as follows:
At present, the import of used machinery, equipment, and technological lines is governed by the regulations in Decision 18/2019/QD-TTg, which came into effect on June 15, 2019.
However, Article 16 of Decision 18/2019/QD-TTg states:
Article 16. Transitional Provisions
1. The dossier for import of used machinery and equipment that has been approved by the Ministry of Science and Technology for import as per the stipulations in Article 13 of Circular 23/2015/TT-BKHCN before the effective date of this Decision shall continue to be executed according to the provisions of Circular 23/2015/TT-BKHCN dated November 13, 2015, issued by the Minister of Science and Technology regulating the import of used machinery, equipment, and technological lines.
2. The dossier for import of used machinery and equipment that has been received by the Ministry of Science and Technology according to the provisions in Article 13 of Circular 23/2015/TT-BKHCN before the effective date of this Decision but has not been resolved by the time this Decision takes effect, shall continue to be executed according to the provisions of Circular 23/2015/TT-BKHCN or be carried out according to the provisions of this Decision as proposed by the enterprise.
3. For investment projects involving the import of used machinery and equipment that have been carried out according to the provisions in Clause 2, Article 6 of Circular 23/2015/TT-BKHCN and have been granted an Investment Registration Certificate or an Investment Policy Decision before this Decision takes effect, the enterprise shall continue to carry out the import of machinery and equipment as per the provisions of Circular 23/2015/TT-BKHCN.
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Thus, in your case, the dossier for the import of used machinery and equipment that has been approved by the Ministry of Science and Technology before June 15, 2019, is still valid for the import process until completion.
Lan Anh
