Disallow the import of used machines for business purpose

VCN – Decision 18/2019/QĐ-TTg of the Prime Minister stipulated the import of used machines, equipment and production lines. However, there are many cases that do not allow enterprises to import such items.
tin nhap 20190802095722
Illustration image. Source: Internet

Recently, the Ministry of Science and Technology answered a question of Thai Hung Import Export Trading and Service JSC. At the same time, it sent the General Department of Vietnam Customs guidance on implementing Decision 18/2019/QĐ-TTg.

According to the provisions in Clause 1, Article 1 of Decision 18/2019/QĐ-TTg, the adjustment scope of the Decision is used machinery, equipment and production lines with HS codes under Chapter 84 and Chapter 85 specified in the list of imported and exported goods of Vietnam. At the same time, according to the provisions of Clause 1, Article 3 of Decision 18/2019/QĐ-TTg, machinery and equipment are defined as a complete structure consisting of details, detailed assemblies, parts associated with each other to operate and move in accordance with the usage purpose as designed.

Therefore, used components and spare parts at the same time meet the requirements of Clause 1, Article 1 and Clause 1, Article 3 of Decision 18/2019/QD-TTg are under the scope of Decision 18/2019/QD-TTg.

Besides that, according to the provisions of Clause 3, Article 4 of Decision 18/2019/QĐ-TTg "only allow the import of used machinery, equipment and production lines for directly serving the production activities of enteprises in Vietnam.” Therefore, enterprises are not allowed to import used machinery, equipment and production lines for business purposes.

Article 4 of Decision 18/2019/QD-TTg stipulates the management principles of the import of used machinery, equipment and production lines. Specifically, the import of used machinery, equipment and production lines must comply with the law on import of goods.

It is forbidden to import used machinery, equipment and production lines in the following cases: The import countries that have been announcement of removal due to backwardness, poor quality, causing environmental pollution; does not meet the requirements of safety, energy saving, environmental protection in accordance with the law.

Only allowing the import of used machinery, equipment and production lines to directly serve the production activities of enterprises in Vietnam.

By N.Linh/Thanh Thuy

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