THE MINISTRY OF SCIENCE AND TECHNOLOGY

Circular No. 20/2014/TT-BKHCN dated July 15, 2014 of the Ministry of Science and Technology on the import of used machinery, equipment and production line
Pursuant to Decree No. 20/2013/ND-CP dated 26 December 02, 2013 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;
Pursuant to Decree No. 187/2013/ND-CP November 20, 2013 of the Government on detailing the implementation of the Law on Commerce regarding the international goods sale and purchase and agencies of purchasing, selling, processing and transiting goods with foreign countries;
Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government on detailing the implementation of some articles of the Law on Product Quality and goods;
At the request of the Director of Assessment, Evaluation and Technology Assessment;
The Minister of Science and Technology promulgates the Circular on providing for the import of used machinery, equipment and production lines.
Article 1. Scope of adjustment
1. This Circular provides for the conditions and procedures for the import of used machinery, equipment and production lines, including spare parts, components and replacement parts.
2. This Circular shall not be applied to the import of used machinery, equipment and technology lines as follows:
a) Transit; temporary import for re-export (excluding processing contracts; imports used for production and investment projects); temporary export and re-import; repair and maintenance service contracts;
b) Served for scientific research and technological development for which they can not be produced domestically;
c) Transferred from the export processing zones in the country;
d) Served for national security and defense;
dd) Some aid from foreign non-governmental organizations.
Article 2. Subject of application
This Circular shall be applied to the state agencies, enterprises, organizations and individuals involved in the import of used machinery, equipment and production lines in accordance with the provisions of Article 1 in this Circular.
Article 3. Interpretation of terms
In this Circular, the following terms shall be interpreted as follows:
1. “Production line” means a system of equipment, tools and devices, all of which are arranged according to installation diagrams, technological processes to ensure the synchronous operation in the production stage.
2. “Using time” (in years) means a defined period from their manufacturing to import.
3. “Remaining quality (in percent) compared with the original quality” means the acceptable rate of specifications of used machinery, equipment and production lines compared with these of brand-new machinery, equipment and production lines.
Article 4. Principles of the import management
1. Encourage enterprises to import new machinery, equipment and production lines, which are manufactured by the advanced technology.
2. Used machinery, equipment and production lines being imported must meet the requirements of quality, safety, energy saving and environment protection.
3. Used machinery, equipment and production lines being imported must meet both the conditions stipulated in this Circular and the current regulations of the Government, ministries and regulatory agencies on the import of goods.