VCN – Deputy Prime Minister Le Minh Khai signed Decision No. 28/2022/QD-TTg dated December 20, 2022, amending and supplementing several articles of Decision No. 18/2019/QD-TTg dated April 19, 2019, stipulating the import of used machinery, equipment and technological lines.
|Ho Chi Minh City Customs inspects imported goods. Photo: T.H
Accordingly, Decision No. 28/2022/QD-TTg adds new regulations on dossiers, orders and procedures for importing used technological lines for high-tech enterprises or projects using high-teach applications or projects subject to special investment incentives as prescribed in Clause 2, Article 20 of the Law on Investment.
According to the new regulations, high-tech enterprises or projects using high-teach applications or projects subject to special investment incentives as prescribed in Clause 2, Article 20 of the Law on Investment are allowed to choose the implementation of import procedures specified in Article 7 of Decision No. 18/2019/QD-TTg dated April 19, 2019, or import procedures specified in Decision No. 28/2022/QD-TTg for used technology lines
Simplify import procedures
According to Decision No. 28/2022/QD-TTg, in terms of import documents, in addition to the import documents prescribed by the Customs Law, when carrying out procedures for importing the first batch of technological lines, the importer must supplement the following documents:
A copy of the certificate of high-tech enterprise or a copy of the certificate of high-tech application activities issued by the Ministry of Science and Technology or a copy of the investment registration certificate or a copy of the decision on acceptance of investment policy or a copy of the written agreement with a competent state agency stating that the project is eligible for special investment incentives.
A written commitment of the importer is enclosed with the list of imported used machinery and equipment in the technological line according to Form No. 01 specified in Appendix III issued with Decision 28/2022/QD – TTg.
A written registration for assessment of a technological line after the technological line is imported, installed, completed and put into operation, certified by a designated inspection agency, together with a list of used machinery and equipment in the technology line expected to be imported according to Form No. 02 specified in Appendix III issued with Decision No. 28/2022/QD-TTg.
Suppose there is a change in the list of used machinery and equipment in the technological line to be imported. In that case, the importer shall send a written application for the change, certified by the designated inspection agency, to the Ministry of Science and Technology and the customs office where the import procedures are carried out.
Regarding the import orders and procedures, the importer can bring their goods to their warehouse for preservation according to the provisions of the customs law after submitting the -prescribed documents to the customs authority. However, the importer can only carry out import procedures for used technology lines at one customs clearance site.
Within 12 months from the date of bringing the first imported consignment in the technological line for preservation, the importer must submit the inspection certificate to the customs authority. The customs authority will only conduct customs clearance when the import dossier and documents are complete and valid, and the inspection certificate concludes that the used technological line meets the prescribed criteria. During good preservation, the importer is only allowed to install and operate the technological line to serve the inspection activities but to put it into production.
Suppose the technological line is highly complicated, and the installation, operation and inspection time exceeds the committed time, at least 30 days before the deadline for submitting the inspection certificate. In that case, the importer must apply for extending the deadline for submitting the inspection certificate according to Form No. 03 specified in Appendix III issued with Decision 28/2022/QD-TTg on the Ministry of Science and Technology and the customs office where import procedures are carried out. The extension is only applied once and must not exceed 6 months compared to the committed time.
If the results of the inspection state that the technological line is not eligible, the importer will be fined for administrative violations in the field of customs and forced to re-export the goods.
Within no more than five working days after completing customs clearance procedures or being denied customs clearance, the importer must send a report to the Ministry of Science and Technology and the People’s Committee of provinces and centrally run cities where the project is implemented according to Form No. 04 specified in Appendix III issued together with Decision 28/2022/QD-TTg.
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Decision No. 28/2022/QD-TTg states that for the case specified above, the inspection of used technological line is carried out at the enterprise’s production site or the project area after the imported used technology line is completely installed and put into operation.
By Huong Diu/ Huyen Trang