Page 45 - Equipment Import Regulations of Viet Nam for K-V Investment Promotion

SECTION II. GUIDES BY ARTICLES OF DECISION 18

<Figure 21> Documentation and procedures for importing used machinery and equipment

Article 8. Documentation and procedures for importing used machinery and equipment
1. Import documents:
Apart from the import documents prescribed by the Law on customs, the importer must submit additional
documents, including:
a) The copy of the Certificate of enterprise registration bearing the importer’s seal. In case of entrusted import,
the import entrustment agreement must be submitted;
b) The original of manufacturer’s certification that the manufacturing year and manufacturing standards applied
to the used machinery or equipment are conformable with Article 6 hereof if the machinery or equipment to
be imported have been manufactured in any G7 countries or Korea. That certification must be consularly
legalized and accompanied by its Vietnamese translation;
c) The inspection certificate issued by a designated inspection body that meet the requirements laid down in
Article 11 hereof if the machinery or equipment to be imported has been manufactured in any G7 countries or
Korea without the manufacturer's certification or the machinery or equipment to be imported has been manu
factured in a country other than G7 countries and Korea. Contents of such inspection certificate must conform
to Points a, b, c, d, e Clause 1 Article 10 hereof.

2. Import procedures:
a) The importer shall submit a set of import documents and additional documents mentioned in Clause 1 of this
Article to the customs authority where the customs declaration is registered;
b) The customs authority shall only initiate customs clearance procedures as regulated if received import
documents and additional documents prescribed in Clause 1 of this Article are sufficient and valid. If the
inspection certificate is submitted according to Point c Clause 1 of this Article, it must include the conclusion
that the used machinery or equipment satisfies requirements in Article 6 hereof.

3. Putting goods into storage:
a) At the time of submitting import documents as prescribed in Clause 1 of this Article, if an importer of the
used machinery or equipment fails to provide the manufacturer’s certification as prescribed in Point b Clause
1 of this Article and the inspection certificate as prescribed in Point c Clause 1 of this Article, the importer
may put goods into storage in accordance with the Law on customs after submitting the application for
inspection bearing the certification by the inspection body as prescribed in this Decision to the customs authority;
b) Within 30 working days from the day on which machinery or equipment is put into storage, the importer
must submit the inspection certificate to the customs authority. The customs authority shall only initiate
customs clearance procedures as regulated if import documents and additional documents prescribed in
Clause 1 of this Article are sufficient and valid, and the inspection certificate includes the conclusion that the
used machinery or equipment satisfies requirements in Article 6 hereof.

If the inspection result shows that the machinery or equipment fails to meet requirements in Article 6 hereof, the
importer shall incur penalties for administrative violations against the Law on customs.

[Source] Ibid.

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