Circular 20/2014/tt-Bkhcn: Regulating The Import Of Machinery, Equipment, Technological Lines Have Through The Use

Original Language Title: Thông tư 20/2014/TT-BKHCN: Quy định việc nhập khẩu máy móc, thiết bị, dây chuyền công nghệ đã qua sử dụng

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
SCIENCE AND TECHNOLOGY
Number: 20 /2014/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 15 July 2014

IT ' S SMART

Regulation of the importation of machinery, equipment, used technology lines

_____________________

Base of Protocol 20 /2013/ND-CP 26 February 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Science and Technology;

Base of Protocol 187 /2013/NĐ-CP November 20, 2013 by the Government Regulation Law enforcement of the Trade Act of International Procurement and Procurement, sale, public and transit of goods to foreign countries;

Base of Protocol 132 /2008/NĐ-CP December 31, 2008, of the Government Regulation of the Blueprint Implementation of certain provisions of the Law Quality Law, commodities;

At the request of the Director of the Review, the Judge and the Director of Technology;

The Minister of Science and Technology of the Department of Information regulates the importation of machinery, equipment, and technology.

What? 1. The adjustment range

1. This information regulates the conditions and procedures of importing machinery, equipment, used technology lines, including spare parts, components, replacement parts.

2. This message does not apply to the cases of machine imports, equipment, and the following usage of the technology:

a) Transit; transfer; advance, re-export (except for home contracts; case of import for production, implementation of investment projects); temporary, re-entry; implementation of repair services contract, maintenance;

b) Serve the scientific research and development of technology, in unproduced water;

c) To receive transfers from domestic and domestic manufacturing zones;

d) to serve security, defense;

The aid of the foreign NGO.

What? 2. Subject applies

This is applicable to state, business, organization, and individual management agencies that are involved in the importation of machinery, equipment, and technology lines that are used by regulation at Article 1.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. Technology chain is the system of devices, tools, vehicles that are installed in the scheme, the technology process ensures synchrony operation to produce products.

2. Usage time (in year) is the time defined from the year of production to the year of imports of machinery, equipment, used technology chains.

3. The remaining quality (by%) compared to the original quality is the level achieved by the technical specifications of machinery, equipment, and technology lines that have been used in comparison to the specifications of machines, devices, technology lines when not yet used (100%).

What? 4. The principle of import of import

1. Recommend the business of importing machinery, equipment, new technology, high technology, advanced technology.

2. The machinery, equipment, the imported technology line must meet the requirements for quality, safety, energy savings and environmental protection.

3. Machines, equipment, used technology lines are imported in addition to the provision of regulatory conditions at this Smart, which must meet the Government's existing regulations, the ministry, the sector on imports of goods.

What? 5. Machines, equipment, technology lines that have passed using the import ban

Machines, devices, technology lines that have passed using the import ban include:

1. In the category of the goods prohibited import issued by the Digital Protocol 187 /2013/NĐ-CP November 20, 2013 The government regulates the implementation of the Commercial Law on International Wholesale Procurement and Trade, sale, macho and transit activities with foreign countries.

2. In the List of Imported Banned Goods, the Ministry of Utilization of Vehicles has prohibited the import of issued issued by the Digital Information 04 /2014/TT-BCT January 27, 2014 of the Ministry of Commerce Regulation details the implementation of some of the provisions of the Digital Protocol 187 /2013/NĐ-CP November 20, 2013 The government regulates the implementation of the Commercial Law on International Wholesale Procurement and Trade, sale, macho and transit activities with foreign countries.

3. In the category of Information technology products passed using the import ban issued by the Ministry of Information and Communications attached to the Digital Information. 11 /2012/TT-BTTTT July 17, 2012 Regulation of Product of Information technology has passed using the import ban.

4. The goods catalogue have passed using the import prohibition issued by the ministries, the other sector issued by regulation at the Digital Protocol 187 /2013/NĐ-CP November 20, 2013 The government regulates the implementation of the Commercial Law on International Wholesale Procurement and Trade, sale, macho and transit activities with foreign countries.

What? 6. Machine importing conditions, used devices

1. The machine, the used device does not belong to this Article 5, and does not account for 2 This is allowed to import if the following conditions are met:

a) There is a period of use of no more than 05 years;

b) There is the remaining quality compared to the original quality from 80% or more.

2. Import conditions for some special cases:

a) The types of machinery, the used devices are allowed to import if there is a period of use of no more than 03 years and the remaining quality compared to the original quality from 80% or more, including:

-Machinery, agricultural manufacturing equipment.

-Machinery, equipment used in the beer industry, alcohol, alcohol, alcohol and alcohol.

-Machinery, postal service equipment: letter-sharing device, parcel; machine-folding machine; the packaging machine; convo-loading equipment.

b) The types of machinery, the used devices are allowed to import if there is a period of use of no more than 07 years and the remaining quality compared to the original quality from 80% or more, including:

-Machinery, geology, minerals.

-Machinery, shipbuilding equipment, ship repairs.

-Machinery, equipment to build sea oil.

-Machine, equipment to build transportation infrastructure.

-Machine, equipment that serves manufacturing operations in the printing industry: film recorder, zinc recorder, stereotype machine, machete (cutting) paper, bookmaking (closed steel or stitchup), folding machine, machine on the cover.

c) The types of machinery, the used devices are allowed to import if there is a period of use of no more than 10 years and the remaining quality compared to the original quality from 80% or more, including:

-The engine engine used for the attack ship.

-The catacrophers are involved in manufacturing operations in the printing industry.

d) The machines, the used equipment that were allowed to be imported if there was a period of use of no more than 15 years and the remaining quality compared to the original quality from 80% or more, including: offset printer, copper tube printer, flexo printer serving production operations. in the printing industry.

What? 7. The condition of importing the used technology line

1. The used technology chain does not belong to this Article 5 and does not belong to 2 This is allowed to import if the following conditions are met:

a) There is a period of use of no more than 05 years;

b) Are the remaining quality compared to the original quality from 80% or more;

c) The use of used technology chains outlined in the investment project filing filed at the management agency for investment or granted authority approved;

d) In accordance with the specialized management requirements of the ministries, industry;

It is the quality of the water exported before the release of the export package.

2. Import conditions for some special cases:

a) The used technology chain is allowed to be imported if there is a period of use of no more than 3 years, the remaining quality compared to the original quality from 80% or above and meets the specified rules at point c, d, clause 1 This, including:

-The technology line is used in the beer, alcohol, alcohol, alcohol and alcohol.

-Wire-sharing, postal service, postal service.

b) The used technology chain is allowed to import if there is a period of use of no more than 10 years and the remaining quality compared to the original quality from 80% or above and meet the specified regulations at c, d, clause 1 This, including: link wire. It ' s a manufacturing operation in the printing industry.

What? 8. The procedure of importing machinery, equipment through use

1. Enterprise makes the importation procedure at the customs agency where imports of goods. In addition to the prescribed import profile, the business must send to the customs authorities the following documents:

a) Technical documentation showing five production of machinery, imported equipment; and more.

b) The quality of quality monitoring provided by the organization is eligible for regulation at 1 Article 10 This is granted. If the certificate is provided by the foreign examiner to be eligible for regulation at 5 Article 11 This level is issued, the business must be sent with a copy of the legal copy of the certification of ISO/IEC 17020 international standard management system. The current organization of the organization.

2. Customs-based business customs agency, which identifies the machinery, the used device that meets the prescribed import conditions at this Article 6, performs the procedure according to the regulation.

3. In addition to the above requirements, the business must fully comply with the government ' s other existing regulations, ministries, industry for machinery, equipment when imported.

What? 9. The procedure of importing the used technology chain

1. Enterprise makes the importation procedure at the customs agency where imports of goods. In addition to the prescribed import profile, the business must send to the customs authorities the following documents:

a) Technical documentation representing the five production of imported technology chains;

b) The quality of quality monitoring provided by the organization is eligible for regulation at paragraph 2 Article 10 of this level. If the certificate is provided by the foreign examiner to be eligible for regulation at 5 Article 11 This level is issued, the business must be sent with a copy of the legal copy of the certification of ISO/IEC 17020 international standard management system. The current organization of the organization.

c) The investment project theory has submitted at the governing body of investment or approved authority, which represents the use of imported technology (copy) technology.

d) For the used technology chain using the management of the ministries, the industry, must have the text for the importation of the specialized management body.

2. The business base customs authority submitted, determined that the used technology line used to be eligible for import by regulation at Article 7 of this Information, perform the procedure according to regulation.

What? 10. General Request for Certification

1. The examiner ' s certificate for the machine, the used device used by the designated organization. The case for making regulations in the export country, if there is no appropriate designation organization, the business is allowed to choose, use the foreign monitoring organization eligible for regulation at paragraph 5 Article 11 This Information to carry out the monitoring of the project. The quality.

2. The prescribed certificate for the used technology chain used by the designated organization is either issued or the organization of the foreign examiner eligible for regulation at paragraph 5 Article 11 This is issued in the export country prior to the dismantling, closing the import package. -No.

3. For machines, used equipment, encouraging the business to perform quality monitoring in the exporting country to avoid congestion at the store and reduce warehousing time.

4. During the implementation of the procedure, when the base determines the machinery, equipment, the actual technology line that has the quality that is not consistent with the examiner ' s certificate, the customs authority has the right to request a resupervisor. The case with the most inconsistency of the quality of the quality of the quality between the organization of the organization, the Ministry of Science and Technology is the final decision-making agency.

What? 11. Demand for the organization to monitor

1. The organization is established by the regulation of the law, which functions as a monitoring function on the quality of goods that are machines, equipment, technology.

2. There is capacity to be able to meet regulatory requirements in the national standard TCVN ISO/IEC 17020 or ISO/IEC 17020 international standard version.

3. There are at least 02 supervising criteria:

a) There is a higher degree of higher education and the ability to specialize in compliance with the requirements and the field of monitoring;

b) There are at least 03 years of work in the field of need of supervision;

c) There is a certificate of regulation on the field of need for a law in the law of regulation.

4. There are quality monitoring methods and the process of monitoring machinery, equipment, technology chains led by the organization 's leadership of the organization' s approval.

5. Alone with the foreign monitoring organization selected by the business to make the decision in the export water that must meet the following conditions:

a) There is business registration for the monitoring of machinery, equipment, technology in the country;

b) There is only a recognition of the existing ISO/IEC 17020 international standard appropriate management system, issued by the legal recognition organization as a member of the International Laboratory for the Public Laboratory (ILAC-The International Laboratory). Accreditation Cooperation) and/or Asia Pacific Laboratory Accreditation Cooperation (APLAC-Asia Pacific Laboratory Accreditation Cooperation).

6. The organization must comply with the principle of independent, objective, scientific, and responsible principles before the law on the accuracy of the regulatory outcome.

What? 12. Organizational Designation

1. The designation of the organization which is appointed by the ministries, the industry.

2. The ministries, the sequence regulation, the procedure specifies the organization of the organization and the implementation of the organization specifies the capacity to perform the quality of the quality of machinery, equipment in the field of management of management based on the following texts:

a) 09 /2009/TT-BKHCN April 8, 2009 of the Ministry of Science and Technology required, the procedure, the designation of the organization evaluation of the appropriate assessment and the Digital Information. 11 /2011/TT-BKHCN June 30, 2011 of the Ministry of Science and Technology amended, complements some of the provisions of the Digital Information. 09 /2009/TT-BKHCN April 8, 2009 guidelines for the request, sequence, procedure designation assessment.

b) Digital 27 /2007/TT-BKHCN October 31, 2007 of the Ministry of Science and Technology instructs the signing and implementation of the Agreement and the Agreement acknowledges each other results assessment of the match.

c) 26 /2013/TT-BKHCN November 15, 2013, of the Ministry of Science and Technology Regulation, the order and procedure specifies the organization assessing the appropriate foreign policy that evaluated the suitage of the product, commodity according to the national technical standards set by the Ministry of Science and Technology. issued.

3. The ministries, the industry with the responsibility to inform publicly on the Ministry's electronic information portal, the industry of information about the organization of the organization is assigned to the state agencies, businesses, organizations, individuals with the knowledge, the choice. Basic information includes the organization name, address, telephone number, email, fax, website, designated area of the designated directory, a certificate and signature template on the examiner's certificate.

What? 13. Check out the breach.

1. The agencies, businesses, organizations, individuals are involved in the importation of machinery, equipment, and technology that has been used under the inspection of the state agency with the authority to implement the regulations at this level.

2. Every behavior that violates the regulations set out at this Smart, depending on the nature and extent, shall be processed according to the regulations of the existing law.

What? 14. Organization

1. The ministries, sectors, localities in coordination with the Ministry of Science and Technology Watch, guide the importation of machinery, equipment, and technology passes used by the assigned field of management.

2. The ministries, the organization that organizes the organization of the organization of the management area and send a list with the information of the designated organization of the designated organization of the Ministry of Science and Technology for general aggregate.

3. The Ministry of Planning and Investment is responsible for publication, regularly updating the catalog of machinery, equipment, the domestic technology chain produced.

4. The Ministry of Science and Technology is responsible for the publication of the catalogue of machinery, equipment, technology chains that have passed using an import ban from countries that have announced the elimination due to outdated, poor quality, environmental pollutants.

5. The President of the Customs Service performs the importation of machinery, equipment, and technology lines that have been used by regulation at this level.

6. In the course of the implementation of the importation of machinery, equipment, the used technology chain, if there is uncertainty about defining the sector and the import conditions, the business needs to send the proposed text accompanying the profile of the Ministry of Science and Technology. The art to be considered, solved.

7. The case of machinery, equipment, the used technology chain that does not meet the conditions of use but has been corrected, refurbidied, and meets the requirements for the remaining quality under regulation at Article 6, Article 7 of this Information; meet the requirements. request for safety, energy savings and environmental protection, the Ministry of Science and Technology will host, coordinate with the ministries, the relevant sector for review, resolve.

8. The Ministry of Science and Technology delivery of Evaluation, Appraisation and Appraisation of Technology as the Implementation Of This Information Implementation.

What? 15.

1. This message came into effect on 1 September 2014.

2. The transition clause:

The case where the purchase contracts were signed and the goods were brought to the transport prior to the date of this date valid are not under the regulation of this privacy.

3. In the course of execution, if there is an entangrium, the ministries, peer agencies and the government directly, the organization, the individual need to reflect on the Ministry of Science and Technology for the amendment, the addition to the ./.

Minister.

(signed)

Nguyen Quan