b) Imports must not cause environmental pollution as prescribed in the Law on environmental protection.

2. In order to obtain permission to import used IT products under import prohibition for scientific research, the following criteria and requirements must be met:

a) Imports must meet general criteria and requirements laid down in Clause 1 of this Article;

b) Imports must be on the list of products and equipment used for scientific research enclosed with an approved scientific research scheme or project;

c) Imports are leased, sold or lent by foreign partners because they have special or dedicated nature or specifications which cannot be replaced by domestic products.

3. In order to obtain permission to process/repair used IT products under import prohibition for foreign partners, the following criteria and requirements must be met:

a) Imports for processing must meet general criteria and requirements laid down in Clause 1 of this Article;

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c) The factory, manufacturing plant, technological line and equipment serving processing/repair activities must be conformable with the manufacturing process of each model of products; the personnel plan must be available and meet production scale;

d) Apart from the satisfaction of the requirements laid down in Points a, b and c Clause 3 of this Article, the processing/repair of used IT products under import prohibition must also comply with regulations on processing of normal goods in the Decree No. 69/2018/ND-CP and relevant law provisions.

Article 5. Application, authority and procedures for permitting importation of used IT products under import prohibition for scientific research

1. An application for import permit includes:

a) The written commitment and request for permission to import used IT products under import prohibition for scientific research purpose, which is made by the importer according to Form No. 01 provided in the Appendix enclosed herewith: 01 original;

b) The enterprise registration certificate, business registration certificate or investment registration certificate: 01 certified true copy; 

c) The written description of the goods; the proof of origin of the goods (invoice, bill of lading, contract, etc.): 01 copy;

d) The decision on approval for the scientific research project, the draft scientific research scheme or another document which must specify objectives, contents, expected findings and implementation duration of scientific research task; the written explanation about categories and quantity of the goods to be imported, time limit and measure for handling goods upon completion of scientific research task: 01 original;

dd) Other relevant documents (if any).

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3. Procedures for granting import permit:

a) The importer shall submit an application as prescribed in Clause 1 of this Article directly or by post to the Ministry of Information and Communications (address: No. 18, Nguyen Du Street, Hai Ba Trung District, Hanoi City) or through the online public service portal of the relevant regulatory authority;

b) If the application is insufficient or invalid, within 01 business day, the Ministry of Information and Communications shall request the applicant to modify it;

c) Within 05 business days from the receipt of sufficient and valid application, the Ministry of Information and Communications shall consider making decision on grant of permission to import used IT products under import prohibition for scientific research. If an application is refused, the Ministry of Information and Communications shall give written reasons for its refusal.

Within 02 business days from the receipt of sufficient and valid application, the Ministry of Information and Communications may send written request for opinions from relevant ministries and ministerial agencies if necessary. Within 05 business days from the receipt of the written request from the Ministry of Information and Communications, the requested ministries and ministerial agencies must provide their written opinions.  The duration for getting such opinions shall not be included in the time limit for processing an application for import permit.

Article 6. Application, authority and procedures for permitting the processing/repair of used IT products under import prohibition as ordered by foreign partners

1. An application for permission to process/repair used IT products under import prohibition includes:

a) The written commitment and request for permission to process/repair used IT products under import prohibition as ordered by foreign partners, which is made by the importer according to Form No. 02 provided in the Appendix enclosed herewith: 01 original;

b) The enterprise registration certificate, business registration certificate or investment registration certificate: 01 certified true copy;

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d) The decision on approval for the environmental impact assessment report or the certificate of the environmental protection plan for the processing/repair project as prescribed in the Law on environmental protection, issued by a competent authority based on the scale, capacity and specifications of the product of the project: 01 certified true copy.  (If the processor/repairer has been permitted previously, this document is not required provided that the new or modified processing contract does not cause changes in the scale, capacity, categories or specifications of the product);

dd) The processing/repair contract signed with the foreign partner as regulated by law: 01 original or notarized copy.

2. The Prime Minister authorizes the Minister of Information and Communications to consider granting permission to process/repair used IT products under import prohibition as ordered by foreign partners according to criteria, requirements, applications and procedures specified herein.

3. Procedures for granting permit to process/repair used IT products under import prohibition:

a) The processor/repairer shall submit an application as prescribed in Clause 1 of this Article directly or by post to the Ministry of Information and Communications (address: No. 18, Nguyen Du Street, Hai Ba Trung District, Hanoi City) or through the online public service portal of the relevant regulatory authority;

b) If the application is insufficient or invalid, within 01 business day, the Ministry of Information and Communications shall request the applicant to modify it;

c) Within 05 business days from the receipt of sufficient and valid application, the Minister of Information and Communications shall consider making decision on grant of permission to process/repair used IT products under import prohibition as ordered by foreign partners.  If an application is refused, the Ministry of Information and Communications shall give written reasons for its refusal.

Within 02 business days from the receipt of sufficient and valid application, the Ministry of Information and Communications may send written request for opinions from relevant ministries and ministerial agencies if necessary. Within 05 business days from the receipt of the written request from the Ministry of Information and Communications, the requested ministries and ministerial agencies must provide their written opinions.  The duration for getting such opinions shall not be included in the time limit for application processing.

Article 7. Obligations of importers and processors/repairers, and reporting

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2. Importers and processors/repairers shall assume responsibility for categories, quantity and quality of imports.

3. After 03 months from the completion of the scientific research task, importers of used IT products under import prohibition for scientific research shall re-export or destroy such imported products as regulated by law .

4. Processors/repairers must re-export all processed/repaired products which are not allowed to be sold in Vietnam in accordance with applicable law regulations on processing of goods.

5. Processors/repairers shall submit annual reports on their operations according to Form No. 03 provided in the Appendix enclosed herewith after they are permitted to process/repair used IT products under import prohibition.

Article 8. Implementation organization

1. The Ministry of Information and Communications shall play the leading role and cooperate with relevant ministries, ministerial agencies and Provincial People's Committees to organize, instruct and inspect the implementation of this Decision, and submit consolidated reports on difficulties that arise during the implementation of this Decision and are beyond its competence to the Prime Minister for consideration.

2. The Ministry of Finance, Ministry of Industry and Trade and relevant ministries and Provincial People's Committees shall cooperate with the Ministry of Information and Communications in organizing the implementation of this Decision.

Article 9. Transition

Written permissions given to importers of used IT products under import prohibition for scientific research and processors/repairers of those ones as ordered by foreign partners in accordance with law regulations before the effective date of this Decision shall remain valid.

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1. This Decision comes into force from the date on which it is signed.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of Provincial People’s Committees, relevant organizations and individuals shall be responsible for the implementation of this Decision./.

THE PRIME MINISTER




Nguyen Xuan Phuc

APPENDIX

(Enclosed with the Prime Minister’s Decision No. 31/2019/QD-TTg dated October 09, 2019)

Form No. 01

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Form No. 02

Written commitment and request for permission to process/repair used IT products under import prohibition as ordered by foreign partners

Form No. 03

Report on processing/repair of used IT products under import prohibition as ordered by foreign partners

Form No. 01

[NAME OF IMPORTER]
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: ……………Re: Written commitment and request for permission to import used IT products under import prohibition for scientific research

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To: The Ministry of Information and Communications

1. Name of the importer (both Vietnamese name and abbreviated name are specified):  ……………………………

2. Telephone: ………………………. Fax: …………………………. E-mail: …………………..

3. Tax identification number: ………………………………………………………………………………………

4. Business address:  ………………………………………………………………………………..

5. Legal representative: ………………………………ID Card/Passport No.:  ……………..

6. Attached documents (all documents attached to this form must be specified):  ………………………………………………

Pursuant to the Decision No…………………….dated………………… of the Prime Minister, I/we hereby apply for permission to import the following used IT products under import prohibition to serve my/our scientific research.

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Product’s name

HS Code

Origin

Quantity

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I/we undertake that:

- I/we shall fully and strictly comply with the State regulations and regulatory authorities' guidance on the importation of used IT products under import prohibition and other law regulations;

- Imports shall be used only for scientific research and shall not cause environmental pollution as prescribed in the Law on environmental protection;

- After 03 months upon completion of my/our scientific research tasks, the imports which are the used IT products under import prohibition shall be re-exported or destroyed in accordance with law regulations./.

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LEGAL REPRESENTATIVE OF THE IMPORTER
(signature and full name)

Form No. 02

[NAME OF PROCESSOR/REPAIRER]
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: ……………..Re: Written commitment and request for permission to process/repair used IT products under import prohibition as ordered by foreign partners

Hanoi,……………........[date]

To: The Ministry of Information and Communications

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2. Telephone: …………………….. Fax: ……………………..E-mail:………………………..

3. Tax identification number: ………………………………………………………………………………………

4. Business address:  ………………………………………………………………………………..

5. Legal representative: ………………………………ID Card/Passport No.: …………….

6. Attached documents (all documents attached to this form must be specified):  ………………………………………………

Pursuant to the Decision No…………………….dated………………… of the Prime Minister, I/we hereby apply for permission to process/repair the following used IT products under import prohibition as ordered by the foreign partner under the processing/repair contract No………….

No.

Product’s name

HS Code

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Quantity

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I/we undertake to fully and strictly comply with the State regulations and regulatory authorities' guidance on the processing/repair of used IT products under import prohibition as ordered by foreign partners and other law regulations./.

LEGAL REPRESENTATIVE OF THE PROCESSOR/REPAIRER
(signature and full name)

Form No. 03

[NAME OF PROCESSOR/REPAIRER]
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Hanoi,……………........[date]

To: The Ministry of Information and Communications

1. Name of processor/repairer: ………………………………………………………………………………

2. Tax identification number: ………………………………………………………………………………………

3. Address: …………………………………………………………………………………..

4. Representative:  ………………………………………………………………………………….

5. Telephone: ……………………………………………………………………………………….

6. Email: ………………………………….Fax:…………………………………………………….

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Details of the contract:

Number of the processing/repair contract:  ……………………………………………………

Beginning date: ………………………………………………………………………………………

Ending date: ………………………………………………………………………………………

Reporting on quantity of imports:

No.

Description

HS Code

Unit  

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Quantity

Value

Origin

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No.

Description

HS Code

Unit  

Export declaration

Quantity

Value

Origin

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Reporting on quantity of products in stock and destroyed:

No.

Description

HS Code

Unit  

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Destroyed products

Written record

Notes

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I/we undertake to fully and strictly comply with the State regulations and regulatory authorities' guidance on the processing/repair of used IT products under import prohibition as ordered by foreign partners and other law regulations./.

LEGAL REPRESENTATIVE OF THE PROCESSOR/REPAIRER
(signature and full name)