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Thứ 7, Ngày 25/11/2017, 12:00
Question 25: Hoya lens VietNam Company LTD and Chuubu kougyou VietNam Co., LTD
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25/11/2017

The company is planning to import machinery for production. However, machinery and equipment to be imported which are of used type with following conditions:

  • Machinery and equipment have been used for less than 10 years but some of these have more than 10 years. 
  • Many used machines do not have manufacturer's certificate of production year and production standard, because old certificates have been lost and manufacturer refuses to renew because they have stopped operating or switching company, some of manufacturers do not agree to renew certificates. 
    Company would like to ask:
  • Can company import used machinery and equipment over 10 years?  If so, what procedures should be done?
  • If used machinery does not have manufacturer's certificate of production year and production standard, can company import it? If so, what documents and procedures should be provided?
  • Regarding the certificate of assessment of manufacture year and production standard of used equipment, does the company need to be pre-qualified abroad and have a deed before bringing used equipment into Vietnam or can the company bring equipment into Vietnam first and then apply for assessment certificate of Inspection Boby in Vietnam?

* Answer by Customs Department:

1.     Conditions to import used machinery, equipment and technological lines:

Used machinery, equipment and technology lines (referred to as used equipment for short) when importing, it is necessary to meet criteria prescribed in Clause 1, Article 6 of Ministry of Science and Technology's Circular No. 23/2015 /TT-BKHCN stipulating the import of used machinery, equipment and technology lines, in particular:

  • The age of equipment does not exceed 10 (ten) years.
  • Manufactured in accordance to standards consistent with the provisions of the National Technical Regulation or Vietnam National Standard or in accordance with G7 countries' standards on safety, energy saving and environmental protection. 

2.     In case of used equipment with an age exceeding 10 (ten) years:
In the case of used equipment with an age exceeding 10 (ten) years but enterprise still needs to import in order to maintain its manufacturing or business operation, the enterprise shall send a written proposal to Ministry of Science and Technology for consideration and decision (based on Article 13 of Circular No. 23/2015/TT-BKHCN).

3.     In case of used machinery without certificate of production year and production standard, the company is still able to import with the exception of customs document as prescribed in Article 16 of Circular No. 38/2015/TT-BTC dated on March 25th 2015 of Ministry of Finance, the enterprise has to submit 01 (one) original inspection Certificate of an Inspecting body  as prescribed in Clause 2, Article 10 of  Circular No.23/2015/TT-BKHCN on production year and production standard of used equipment in accordance with provisions in Clause 1 Article 6 of this Circular.
The content of Inspection Certificate, apart from basic information of a deed, conclusion must show following contents:

  • Production year and name, brand, serial number, model, manufacturer's name of used equipment.
  • Conclusion on the conformity of used equipment standard with provisions of National Technical Regulation or Vietnam National Standard in accordance with the G7 countries' standards on safety, energy saving and environmental protection. 

4.     Enterprises may use Inspection Certificate issued by domestic or foreign Inspecting Body on following conditions:

  • Must be Inspecting Body as prescribed in Clause 2, Article 10 of  Circular No. 23/2015/TT-BKHCN, including:
    + Domestic Inspecting Body, has registered operation under Commercial Law, has the function of inspecting machinery and equipment;
    + Foreign Inspecting Body has registered operation under the laws of host country where Inspecting Body registers for assessment activities, has the function of inspecting machinery and equipment;
    +The above-mentioned inspecting body must be included in list of inspecting body that announced by Ministry of Science and Technology.
  • For pre-shipment inspection of goods to Vietnamese ports, an effective certificate is a certificate issued for used equipment not exceeding 6 months from the time of issue until the time the goods arrive at Vietnamese port; or carry out import procedures into Vietnam and register assessment of used equipment at inspecting body in Vietnam provisions of Clause 2, Article 10 of Circular No.23/2015/TT-BKHCN above.
    During customs clearance process, if any difficulties and obstacles, enterprises shall contact directly to Customs Department where declarations are registered for specific guidance. 
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