Requirements for imported remanufactured goods under the CPTPP in Vietnam

Requirements for imported remanufactured goods under the CPTPP in Vietnam
Duong Chau Thanh

On November 2, 2023, the Government issued Decree 77/2023/ND-CP on management of importation of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in Vietnam.

Requirements for imported remanufactured goods under the CPTPP in Vietnam

Requirements for imported remanufactured goods under the CPTPP in Vietnam under:

- It is imported under an import license as prescribed in Decree 77/2023/ND-CP.

- It meets the rules of origin set out in CPTPP.

- It meets all relevant regulations of the law of Vietnam and specialized laws that apply to equivalent goods in new condition, and, as the case may be, include regulations on labeling, quality of products, technical standards and regulations, energy efficiency, radiation safety, cyberinformation security, measurement, environmental protection, protection of intellectual property rights, and other regulations.

In order to be placed on the market, the phrase “remanufactured good” must be displayed at a place and of a size visible and legible to the naked eye on either the primary or secondary label of the remanufactured good.

 License to import remanufactured goods under the CPTPP in Vietnam

(1) Remanufactured goods may only be imported into Vietnam under license issued by relevant supervisory Ministries as prescribed in Appendixes I, II, III, IV and V of Decree 77/2023/ND-CP (hereinafter referred to as “licensing authority”).

(2) License to import remanufactured goods includes:

- Import license for each shipment.

- Fixed-term import license.

(3) The importation of first shipments of remanufactured goods into Vietnam shall require the import license for each shipment.

(4) After 03 shipments of remanufactured goods of the same name, category, and HS code of a remanufacturing code holder have been imported to the same or different importers under the import license for each shipment, following shipments of such remanufactured goods may be imported under the fixed-term import license.

(5) The period of validity of a fixed-term import license shall be decided by the licensing authority but shall not be less than 12 months.

(6) There is no limit on quantity of remanufactured goods imported under a fixed-term import license during its validity period.

(7) The import license for each shipment may be re-applied:

- upon the end of the suspension period of the remanufacturing code; or

- when an enterprise’s remanufacturing code has been revoked but then is re-granted.

(8) Regarding the cases in (7), after at least 10 shipments of remanufactured goods of the same name, category, and HS code of a remanufacturing code holder have been imported to the same or different importers under the import license for each shipment, following shipments of such remanufactured goods may be imported under the fixed-term import license.

Decree 77/2023/ND-CP takes effect on January 1, 2024.

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