In what cases does the Ministry of Industry and Trade revoke the remanufacturing code that it granted in Vietnam?

What are remanufacturing codes?

Pursuant to Article 6 of Decree 77/2023/ND-CP, remanufacturing code means an identification code granted by the Ministry of Industry and Trade of Vietnam to a remanufacturing enterprise or brand owner that is an organization.

Remanufacturing codes shall only be granted to remanufacturing enterprises or brand owners that can prove their remanufacturing capacity, warranty policies and rights to use the brand as prescribed in Decree 77/2023/ND-CP.

A remanufacturing code is valid for a maximum of 5 years after issued.

In what cases does the Ministry of Industry and Trade revoke the remanufacturing code that it granted in Vietnam? (Internet image) 

In what cases does the Ministry of Industry and Trade revoke the remanufacturing code that it granted in Vietnam?

Pursuant to Clause 1, Article 16 of Decree 77/2023/ND-CP, the Ministry of Industry and Trade of Vietnam shall revoke a remanufacturing code that it granted in the following cases:

- The applicant is found to have provided false or inaccurate information in its application for the remanufacturing code that significantly affects the appraisal and grant of the remanufacturing code.

- The remanufacturing code holder fails to follow procedures for making changes in information as prescribed within 30 days after the validity of its remanufacturing code has been suspended as prescribed in Point c Clause 3 of Article 16 of Decree 77/2023/ND-CP.

- The remanufacturing code holder fails to maintain its remanufacturing capacity, warranty policies or rights to use brand as stated in its submitted application.

- The remanufactured good to be imported into Vietnam of the remanufacturing code holder is found to systematically violate the provisions of Point c Clause 1 Article 5 of this Decree.

- The applicant for the remanufacturing code or the remanufacturing code holder fails to cooperate during the verification visit to the remanufacturing facility or re-appraisal of the remanufacturing capacity of the remanufacturing code holder.

- The remanufacturing code holder or their warranty and maintenance centers refuse to provide warranty and maintenance services for remanufactured goods.

- The revocation is made at the request of the remanufacturing code holder.

- The remanufacturing code holder is dissolved or declared bankrupt or has its business registration certificate or another document of equivalent validity revoked by a competent authority of their home country.

The Ministry of Industry and Trade of Vietnam shall not consider re-granting the remanufacturing code to an enterprise whose remanufacturing code is revoked as prescribed in Point a, b, d, dd or h Clause 1 of Article 16 of Decree 77/2023/ND-CP.

The Ministry of Industry and Trade of Vietnam shall consider suspending the validity of a remanufacturing code that it granted in the following cases:

- The suspension is aimed at preventing ineliminable risks which may occur during the re-appraisal of the remanufacturing capacity of the remanufacturing code holder or during the verification visit to the remanufacturing facility conducted after the remanufacturing code has been issued.

- The remanufactured good is found to have violated the provisions of Point c Clause 1 Article 5 of Decree 77/2023/ND-CP for the first time.

- The remanufacturing code holder fails to follow procedures for making changes in information as prescribed.

The license to import remanufactured goods will no longer valid when the remanufacturing code is revoked or suspended.

Where goods have been loaded onto the means of transport before the remanufacturing code is revoked or suspended as prescribed in Point b, c, dd or g Clause 1 or Clause 3 Article 16 of Decree 77/2023/ND-CP:

- The importer shall send a written request to the licensing authority specified in Clause 1 Article 17 of Decree 77/2023/ND-CP for considering and deciding the importation of the shipment. Such request must clearly indicate the reason for importation of goods when the remanufacturing code is suspended or revoked (accompanied with documents proving that the goods have been loaded onto the means of transport before the remanufacturing code is suspended or revoked; the issued license to import remanufactured goods).

- The licensing authority shall give a written response to the importer within 07 working days from its receipt of the written request from the latter. If the request is refused, the licensing authority shall give a written response indicating reasons for refusal.

The Ministry of Industry and Trade of Vietnam shall notify licensing authorities and customs authorities immediately after a decision to grant, replace, suspend or revoke the remanufacturing code is issued in order to ensure their performance of relevant management tasks.

The Ministry of Finance of Vietnam, the Ministry of Information and Communications of Vietnam, the Ministry of Health of Vietnam, the Ministry of Transport of Vietnam, and the Ministry of Agriculture and Rural Development of Vietnam shall promptly inform the Ministry of Industry and Trade of Vietnam of any violations against requirements for imported remanufactured goods for cooperating in taking appropriate penalties and considering suspending or revoking remanufacturing codes.

Mai Thanh Loi

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