No. 31/2015/TT-BTTTT / SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
Hanoi, October 29, 2015
Circular
Guiding a number of articles of Decree No. 187/2013/ND-CPdated November 20, 2013 of the Governmenton the export and import of used information technology products
Pursuant to the Law on Information Technology dated June 29, 2006;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to Decree No.187/2013/ND-CPdated November 20, 2013 of the Government detailing the implementation of the Trade Law regarding international sale and purchase of goods and agency activities for sale, purchase, outsourcing and transit thereof with foreign parties;
Pursuant to Decree No.71/2007/ND-CPdated May 03, 2007 of the Government detailing and guiding the implementation of a number of articles of the Law on Information Technology regarding information technology industry;
Pursuant to Decree No.132/2013/ND-CPdated October 16, 2013 of the Government defining functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;
In consideration of the proposal of General Director of Department of Information Technology,
The Minister of Information and Communicationshereby promulgates the Circular guiding a number of articles of Decree No.187/2013/ND-CPdated November 20, 2013 of the Government regarding the import and export of used information technology products.
Chapter I
GENERAL PROVISION
Article 1. Scope of regulation and subject of application
1.Scope ofregulation
a) Promulgating the List of used information technology products banned from import in Appendix 01 enclosed herewith (hereinafter referred to as the List of banned imports);
b) Regulating the import of goods under the List of banned imports for scientific research;
c) Regulating activities for outsourcing, recycling and repair of used information technology products under the List of banned imports to foreign traders according to Article 36 of Decree No.187/2013/ND-CPdatedNovember 20, 2013.
2.Subject of application
This Circular shall be applicable to organizations and individuals (hereinafter referred to as importers) involved in the import of information technology products and the State management agencies related to this activity.
Article 2. Interpretation of terms
In this Circular, these terms can be construed as follows:
1. Activities for outsourcing, recycling and repair of used information technology products are activities that include production processes: component replacement, assembly, repair, restoration and upgrade of functions and refurbishment of used information technology products in order to have features similar to new products.
2. Refurbishedinformation technologyproducts are used products that have undergone repair, component replacement and other processes to have functions, appearance and warranty policies comparable to new products. Refurbished products must carry a label in Vietnamese or in English with similar meaning stating that the product has been refurbished.
Chapter II
LIST OF BANNED IMPORTS
Article 3. Principles of establishment and regulation of application to the List of banned imports
1. Principles of establishment to the List of banned imports
a) The List of banned imports is made on the basis of List of goods and HS codes in the Preferential Export, Import Tariff;
b) The List of banned imports is established, supplemented and revised in line with the development of information technology and other relevant legal regulations in certain period of time.
2. Regulations of application to the List of banned imports
a) The List only bans the import of goods with 8-digit HS code. HS codes of 4 and 6 digits in the List of banned imports only specify the information on kinds of goods banned by 8-digit HS code.
b) Used component, spare parts, component units and accessories from products under the List of banned imports are also banned from import;
c) For import of multi-color digital copying machines and printers, legal provisions on printing shall apply. For import of used monochromatic digital copying machine (black and white) in combination with printing or other features, the regulations of this Circular shall apply.
Article 4. Importing products under the List of banned imports for scientific research
1. The Ministry of Information and Communications shall consider and approve the import of products under the List of banned imports for scientific research (including activities: scientific researches; sampling for design activities, product research and development, and examination and test in production activities).
2. Application dossier and procedures for the import of products under the List of banned imports for scientific research are as follows:
a) Applicants shall submit 01 (one) set of dossier by post or directly to the head-office of the Ministry of Information and Communications (Department of Information Technology), address: No. 18 Nguyen Du, Hai Ba Trung District, Hanoi. Dossier consists of:
- Documents evidencing applicant’s legal status (enterprise registration certificate, or Establishment decision/license, or investment certificate/license), passport/ID card: notarized copies or copies enclosed with the original copies for verification;
- An application for import from importers, detailing name of goods, HS code, quantity, use purpose of every item, and confirming and assuring the accuracy of these contents in Form 01 of Appendix 02 of this Circular: 01 (one) original copy;
- A document of product description: 01 (one) copy;
- Other relevant documents (if any).
b) Within 07 (seven) business days of receipt of an eligible dossier, the Ministry of Information and Communications shall grant an import permit. In case where it refuses to grant such a permit, the Ministry of Information and Communications shall respond in writing and specify the reasons.
Chapter III
OUTSOURCING, RECYCLING AND REPAIR OF USED INFORMATION TECHNOLOGY PRODUCTS UNDER THE LIST OF BANNED IMPORTS TO FOREIGN TRADERS
Article 5. Conditions for outsourcing, recycling, and repair of used information technology products under the List of banned imports to foreign traders
The outsourcing, recycling and repair of used information technology products under the List of banned imports to foreign traders (hereinafter referred to as outsourcing activities) must meet all requirements defined at Clause 1, Article 36, Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government as follows:
1. Importers are organizations established and operating in accordance with Vietnamese laws.
2. Importers have plans and methods of treating waste from the outsourcing activities and ensuring no environmental pollution that are approved by the Department of Natural Resources and Environment at the locality where the approved activities are implemented.
3. All products and goods shall be re-exported to foreign countries after outsourcing process, and none of them is allowed to be consumed in Viet Nam.
4. Outsourcing activities are permitted by the Ministry of Information and Communications.
Article 6. Application dossier and procedures for outsourcing activities
1. Application dossier for outsourcing activities shall include:
a) An application for outsourcing activities providing details related to the applicants and outsourcing activities in Form 02 of Appendix 02 of this Circular: 01 (one) original copy;
b) Documents evidencing the legal status of applicants (enterprise registration certificate, or Establishment decision/license, or investment certificate/license): 01 (one) notarized copy;
c) Applicant’s record of capacity, including: line system, equipment, conducting outsourcing activities in an effective and feasible manner to every kind of product, labor force suitable with production scope and sufficient financial capability: 01 (one) original copy;
d) Letter of confirmation from Department of Natural Resources and Environment for plans and methods of treating waste from outsourcing activities and ensuring no environmental pollution to every kind of product, meeting the requirements defined in Clause 2, Article 5 of this Circular: 01 (one) notarized copy;
2. Application processes and procedures for outsourcing activities:
a) An application dossier shall be submitted by post or directly to the head-office of the Ministry of Information and Communications (Department of Information Technology), address: No. 18 Nguyen Du, Hai Ba Trung District, and Hanoi.
b) Within 15 (fifteen) business days of receipt of eligible dossier, the Ministry of Information and Communications shall process and grant a permit for outsourcing activities. In case where it refuses to grant such a permit, the Ministry of Information and Communications shall send a writing notice and specify reasons.
Article 7. Regulations on custom procedures and reporting regime
1. Custom procedures in case of the implementation of outsourcing activities shall be applied in accordance with the legal provisions for outsourcing goods to foreign traders.
2. Importers shall report annually about the implementation of outsourcing activities based on export, import and inventory quotas in a form set out by Appendix 03 of this Circular via the Internet and send a copy of the Declaration of export and import to the Ministry of Information and Communications.
3. The Ministry of Information and Communications in cooperation with relevant agencies shall examine the performance of importers on regular or irregular basis, based on the permit.
Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 8. Effectiveness of implementation
1. This Circular shall come into effect from December 15, 2015.
2. This Circular supersedes Circular No.11/2012/TT-BTTTT dated July 17, 2012 of the Minister of Information and Communications defining the List of used information technology products banned from import.
Article 9. Organization of implementation
1. Heads of agencies and units under the Ministry of Information and Communications, agencies, organizations, individuals specified in Article 1 are responsible for implementing this Circular.
2. During the implementation of this Circular, in case of facing any obstacles, relevant agencies, organizations and individuals are requested to report to the Ministry of Information and Communications for timely settlement./.
Recipients:- Prime Minister and Deputy Prime Ministers (to report);
- Ministries and Ministerial-level agencies, Government agencies;
- Supreme People’s Procuracy;
- Supreme People’s Court;
- State Audit of Vietnam;
- People’s committees of provinces , cities under central authority;
- General Department of Customs;
- Bureau of Legal Normative Documents Post-Review (Ministry of Justice);
- Departments of information and communications of provinces, cities under central authority;
- Associations of IT;
- Gazette, Government Portal;
- Ministry of information and communications: Minister and Deputy Ministers;
- Agencies, units under Ministry, Ministry Portal;
- Archives: Filing, IT. / MINISTER
(Signed)
Nguyen Bac Son
1
APPENDIX 01
LIST OF USED INFORMATION TECHNOLOGY PRODUCTS BANNED FROM IMPORT
(Enclosed with Circular No. 31/2015/TT-BTTTT dated October 29, 2015 of the Minister of Information and Communications)
Code / Description8443 / Printing machinery used for printing by means of plates, cylinders and other, and printing components of heading 84.42; other printers, copying machines, and facsimile machines, whether or not combined; parts and accessories thereof (other than monochromatic copying machines (black and white) combined with printing feature or other features, capable of printing/copying A0-size papers or at least 35 copies per minute for A4-size papers; except for laser ink cartridge.)
- Other printers, copying machines and facsimile machines, whether or not combined;
8443.31 / - - Multifunction machines, including two or more functions of printing, copying, and fax, capable of connecting to auto data processing machines or the internet;
8443.31.10 / ---Printing-copying machines, inkjet technology
8443.31.20 / ---Printing-copying machines, laser technology
8443.31.30 / ---All-in-one machines for printing, copying and fax
8443.32 / - - Other kinds, capable of connecting to auto data processing machines or the internet
8443.32.10 / ---Dot matrix printers
8443.32.20 / ---Inkjet printers
8443.32.30 / ---Laser printers
8443.32.40 / ---Fasimile machines
8443.32.90 / --- Other kinds
8443.39 / -- Other kinds:
8443.39.40 / ---Inkjet printers
- Parts and accessories:
8443.99 / -- Other kinds:
8443.99.20 / ---Ink cartridge with ink (except for laser ink cartridge)
8469 / Typewriters other than printers of heading 84.43; word processing machines.
8469.00.10 / - Word processing machines
8469.00.90 / - Other kinds
8470 / Calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions; accounting machines, postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers
8470.10.00 / - Electronic computers operational without external power supply, pocket-size data recording, reproducing and displaying machines with calculation functions
- Other electronic calculators:
8470.21.00 / - - Incorporating a calculating device:
8470.30.00 / - Other calculators
84.71 / Automatic data processing machines and units thereof; magnetic or optical readers, data transmitters to channel encoders and decoders that have not yet been detailed or specified elsewhere.
8471.30 / - Portable automatic data processing machines, weighing not more than 10 kg, consisting of at least a central data processing unit, a keyboard and a display:
8471.30.10 / - - Small handheld computers, including mini computers and Personal digital assistants (PDAs)
8471.30.20 / -- Laptop, including notebook, subnotebook, tablet PC
8471.30.90 / -- Other:
- Other auto data processing machines:
8471.41 / - - Contained in the same housing, with at least a central data processing unit, an input unit and an output unit, whether or not combined:
8471.41.10 / ---PC other than laptops of subheading 8471.30
8471.41.90 / --- Other kinds:
8471.49 / - - Other kinds, in system form:
8471.49.10 / ---PC other than pocket computers of subheading 8471.30
8471.49.90 / --- Other:
8471.50 / - Processing unit rather than kinds of subheading 8471.41 or 8471.49, including one or two of the following devices in the same housing: storage device, input unit, output unit:
8471.50.10 / -- Processing unit for PC (including laptop)
8471.50.90 / -- Other kinds:
8471.60 / - Input unit, output unit, whether or not containing storage device in the same housing
8471.60.30 / - - Keyboard
8471.60.40 / - - X-Y coordinate input device, including mouse, optical pen, control rod, trackball and touch screen
8471.70 / - Storage device:
8471.70.10 / - - Soft drive
8471.70.20 / - - Hard drive
8471.70.30 / - - Tape drive
8471.70.40 / - - Optical drive, including CD-ROM, DVD and writable CD (CD-R)
8471.80 / - Other parts of auto data processing machine:
8471.80.10 / - - Control unit and adaptor
8471.80.70 / - - Sound card or image card
8471.90 / - Other kind:
8471.90.20 / - - Optical character reader, document or image scanner
84.73 / Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of heading from 84.69 to 84.72.
8473.10 / - Parts and accessories of machines under heading 84.69:
8473.10.10 / - - Printed circuit assemblies for word processing
8473.10.90 / - - Other