| THE MINISTRY OF INFORMATION AND COMMUNICATIONS --------------------- No. 43/2009/TT-BTTTT | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------------------ Hanoi, December 30, 2009 |
CIRCULAR
PROMULGATING A LIST OF USED INFORMATION TECHNOLOGY
APPLIANCES BANNED FROM IMPORT
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THE MINISTER OF INFORMATION AND COMMUNICATIONS
Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to the Government's Decree No. 12/ 2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international purchase and sale of goods and goods purchase and sale agency, processing and transit with foreign parties;
Pursuant to the Government's Decree No. 71/ 2007/ND-CP of May 3, 2007, detailing and guiding a number of articles of the Law on Information Technology regarding information technology industry;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;
At the proposal of the director of the Information Technology Department,
STIPULATES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
This Circular promulgates a list of used information technology appliances banned from import (below referred to as the list) and principles of application.
This Circular applies to Vietnamese traders, other organizations and individuals conducting commerce-related activities and importing used information technology appliances.
Article 2. Interpretation of terms
In this Circular, the terms below are construed as follows:
Service of warranty, maintenance, regular repair, renewal or remanufacture of information technology appliances means the replacement, assembly, repair, restoration or functional upgrading of used information technology machinery and equipment of all kinds;
Renewed, embellished or remanufactured information technology appliance means an appliance which has been repaired, had its parts replaced or its functions and appearance restored equivalent to brand-new appliances of the same type, bearing on it and its package a sign or label clearly indicating that it is a renewed, embellished or remanufactured appliance;
3. Special-use information technology appliance means an information technology appliance used as a tool for production, control, operation, exploitation or inspection of operation of part or the whole of a system or production chain in a specific sector.
Chapter II
LIST OF USED INFORMATION TECHNOLOGY APPLIANCES BANNED FROM IMPORT
Article 3. List of used information technology appliances banned from import
A list of used information technology appliances banned from import is promulgated together with this Circular.
This list may be supplemented and modified to suit the practical development of information technology.
Article 4. Principles for application of the list
The list bans from import only commodities under 10-digit subheadings. The 4-, 6- and 8-digit headings and subheadings in the list are only intended to clarify information on categories of commodities under 10-digit subheadings banned from import.
Used parts, spare parts, part assemblies and accessories of products on the list are also banned from import.
Used information technology appliances may be imported not subject to the list in the following cases:
a/ Those imported for provision of warranty, maintenance, repair, renewal and remanufacture services or for re-export;
b/ Those imported in the form of purchase, hire, hire-purchase or borrowing for use as direct production tools or specimens in designing, research and development (R&D) activities;
c/ Those re-imported after being brought abroad for warranty, maintenance, repair or renewal;
d/ Those imported in the form of movement of production tools within the same agency or organization;
e/ Import of used special-use information technology appliances;
f/ Import of renewed, embellished or remanufactured information technology appliances for production under specific projects, provided the implementation of these projects can bring about socio-economic benefits or serve security or national defense.
Chapter III
IMPLEMENTATION PROVISIONS
Article 5. Effect
1. This Circular takes effect on February 15, 2010.
2. This Circular replaces Decision No. 20/ 2006/QD-BBCVT of June 30, 2006, of the Minister of Post and Telematics (now the Ministry of Information and Communications), promulgating a list of used information technology appliances banned from import, and Decision No. 11/2007/QD-BBCVT of May 24, 2007, amending and supplementing Decision No. 20/2006/QD-BBCVT of June 30, 2006.
Article 6. Implementation guidance
1. Heads of agencies and units of the Ministry of Information and Communications, and organizations and individuals defined in Article 1 shall implement this Circular.
