The Circular No.11/2012/TT-BTTTT dated July 07th 2012 was issued by Minister of Information Technology and Communications, specifying list of used IT products banned from import. This Circular shall apply to agencies, organizations and individuals involved in importing items named in the List of item banned from import.
The regulations are as followings:
- The List is made on the basis of the list of import and export items with 8 digit HS code.
- Used components, spare parts, component assemblies and spare parts of items banned from import are also subject to prohibited imports.
- Products which are refurbished, renewed must be marked with signs, labels in Vietnamese or in English (refurbished, remanufactured, renewed, recycled, re-used) on packaging.
- In case of importing for repaired service, renewed or remanufactured and re-export after manufacturing process, it must be complied with regulations as: all completed products after such processes must be re-exported. Residues, scraps and wastes generated in these processes must be handled in accordance with environmental laws or re-exported together with the finished products; annually, organizations and individuals report the quantity of imports, re-exports and inventory (using form in Appendix 02 of this Circular) and send a copy of the export/import declaration to the Ministry of Information and Communications (MIC). The Ministry co-ordinate with relevant agencies to check regularly or irregularly in implementation.
- In case of importing used cartridge, after repairing, renewing to supply or distribute products in the domestic market or re-export, they must comply with the provisions as: annually, organizations and individuals report the quantity of imports, exports, domestic distribution, inventory (using form in Appendix 03 of this Circular) and send a copy of the export/import declaration to the Ministry of Information and Communications (MIC). The Ministry co-ordinate with relevant agencies to check regularly or irregularly in implementation.
The cases are not applied with List of items banned from import:
- Import for repaired service, renewed or remanufactured and re-export after manufacturing process
- Import for making direct means of production or for samples for designing, researching and developing.
- Re-import after completing warranty, maintenance, reparation or renewal abroad.
- Import products as moved ones in the same agency or organization.
- Import IT specialized products with special features for specific subjects such as measurement, automation, medical equipments, biology and other industries within 03 years from manufacturing date to declarations date.
- Import to make means of production, control, operation, exploitation and to check the operation of a part or whole production line system.
- Import IT products which have been refurbished, renewed, remanufactured for production of specific projects which are effective in economy, society, national security and defense.
- Import used print cartridges, after repairing, refreshing or renewing to sell in domestic market or re-export.
- Imports for other special purposes shall comply with the MIC’s instructions for each specific case.
In this Circular, repairing service, renewal, reproduction of information technology products is one or more activities like: replacing spare parts, assembling, repairing, restoring, upgrading functions, renewing machines and used information technology equipments. Refurbished and renewed Information technology products are ones which have been repaired, replaced components, rehabilitated functions and other equivalent form of the same products.
This Circular takes effect from Sep.01st 2012 and replaces Circular No. 43/2009/TT-BTTTT dated December 30th 2009 of the Minister of Information and Communication and previous guidance documents contrary to this Circular.