Have not clearly identified the year of importing some kinds of used vehicles

Customs officials inspected imported automobile via Hiep Phuoc port. Photo: T.H

During the implementation of Decree 69/2018/NĐ-CP stipulating specifically a number of articles of the Foreign Trade Management Law, the General Department of Vietnam Customs has received a number of questions related to the determination of import year for some kinds of used motors vehicles.

According to the provisions of Section II.9.d of Annex I issued along with Decree 69/2018/ND-CP, all types of automobiles, trailers and semi-trailers (except for specialized trailers and semi-trailers vehicles), used four-wheelers with motorized engines more than 5 years old, counting from the year of manufacture to the year of importing under the list of goods are banned from import.

However, the Decree No. 69/2018/ND-CP does not specify how the import year is determined (the time the importer registers the customs declaration or the time the goods arrive at the port of Vietnam).

Meanwhile, before the effective date of Decree 69/2018 / ND-CP, Article 9 of Decree 187/2013/ND-CP stipulated that used cars can only be imported if it guarantees the condition of use has not exceeded 5 years, from the year of manufacture to the year of import. At the same time, at Point 1 in Section II of Joint Circular No. 03/2006/TTLT-BTM-BGTVT-BCA, guiding the import of used passenger cars of less than 16 seats regulates: imported used cars need to ensure that the condition is not more than 5 years from the year of manufacture to the time an automobile arrives at a port in Vietnam. For example, in 2006, it was allowed to import only automobiles which were manufactured from back in 2001.

As a result, for used cars of less than 16 seats, the five-year duration will be counted from the year of manufacturing to the time the car arrives at a Vietnamese port. Other types of automobiles such as trucks, trailers, semi-trailers, four-wheelers with motorized engines do not have specific guidance.

In order to promptly guide the local customs and enterprises to implement, the above problems have been sent to the Ministry of Industry and Trade for having clear guidance on how to determine the year of importing of the used goods as mentioned in Item II.9.d Annex I issued along with Decree 69/2018/ND-CP.