Page 47 - Equipment Import Regulations of Viet Nam for K-V Investment Promotion

SECTION II. GUIDES BY ARTICLES OF DECISION 18

C. Other Cases of Importing Used Machinery and Equipment

For individual machinery exceeding the regulated age limit, the Vietnamese government applies

stricter regulations to Enterprise for ensuring the indicates of performance of production, energy
saving, and environmental protection.

<Figure 22> Other cases of importing used machinery and equipment

Article 9. Other cases of importing used machinery and equipment

1. If an enterprise wishes to import used machinery or equipment whose age exceeds the age limit prescribed in
Clause 1 Article 6 hereof but remaining capacity (which is the number of products that the machinery or equip
ment produces in a given time period) or performance achieves 85% or above of its design capacity or perfor
mance, and amount of raw materials, energy consumed by that machinery or equipment does not exceed 15%
of its design consumption level to serve its manufacturing in Vietnam, it shall submit an application for import
license, including all required documents, directly or by post or through the online public service portal to the
Ministry of Science and Technology for consideration and processing.

2. The application includes:
a) The application form for approval for import of used machinery or equipment using the form provided in the
Appendix II enclosed herewith, including explanations about the necessity of import of used machinery or
equipment to maintain manufacturing and business operations, the plan for using machinery or equipment
and the necessity of used machinery or equipment to be imported in the technological line;
b) The copy of the Certificate of enterprise registration bearing the enterprise’s seal;
c) The inspection certificate issued by a designated inspection body as regulated in Article 11 hereof. Contents
of such inspection certificate must conform to Points a, b, c, d, g Clause 1 Article 10 hereof;

3. Application processing procedures:
a) In case the received application is insufficient or invalid:
- The received application is immediately returned to the enterprise if it is directly submitted at the single-
window section of the Ministry of Science and Technology;
- If the application is submitted through the portal of the Ministry of Science and Technology, within 08 working
hours from the receipt of the application, Ministry of Science and Technology is required to request the enterprise
to complete its application;
- If the application is submitted by post, within 02 working days from the receipt of the application, the Ministry
of Science and Technology shall request the enterprise in writing to complete its application.
b) Within 02 working days from the receipt of the sufficient and valid application, the Ministry of Science and
Technology shall send written request, accompanied by photocopies of application documents, to relevant
ministries and ministerial agencies for getting their opinions. The Ministry of Science and Technology may
consult specialists about used machinery or equipment to be imported if it is deemed necessary;

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