Circular No. 11/2018/TT-BTTTT

CIRCULAR

ANNOUNCING THE DETAILED LIST OF USED INFORMATION TECHNOLOGY PRODUCTS BANNED FROM IMPORT, TOGETHER WITH HS CODES

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management;

Pursuant to Decree No. 17/2017/ND-CP dated February 17, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Information Technology Department,

The Minister of Information and Communications promulgates the Circular announcing the detailed List of used information technology products banned from import, together with HS codes.

Article 1. Scope of regulation and subjects of application

a) Scope of regulation

This Circular announces the detailed List of used information technology products banned from import, together with HS codes, in the Appendix attached hereto (hereinafter referred to as the Import Ban List).

b) Subjects of application

This Circular applies to state agencies, organizations and individuals engaged in or related to the import of used information technology products.

Article 2. Principles for formulating and provisions on applying the Import Ban List

1. Principles for formulating the Import Ban List

a) The Import Ban List together with HS codes is formulated in accordance with Circular No. 65/2017/TT-BTC dated June 27, 2017 of the Minister of Finance promulgating Vietnam's List of Exported and Imported Goods.

b) The Import Ban List shall be supplemented and amended in conformity with the development situation and other legal provisions from time to time.

2. Provisions on applying the Import Ban List

a) Where only a 4-digit code is listed, all 8-digit codes under this 4-digit heading shall apply; where only a 6-digit code is listed, all 8-digit codes under this 6-digit subheading shall apply; where, in addition to the 4-digit and 6-digit codes, the list is further detailed to the 8-digit code, only those 8-digit codes shall apply.

b) Used components, spare parts, component assemblies and accessories of products falling under the Import Ban List are also banned from import.

c) For digital color printers and photocopiers, importation shall comply with the legal provisions on printing. Used digital printers and digital photocopiers of the monochrome (black and white) type, whether or not combined with other functions, with HS codes falling under the Import Ban List, that have A0 paper-size printing/copying capability or a printing/copying speed of 35 sheets/minute or more in A4 paper size, and used toner cartridges for laser printers (HS code 8443.99.20), are not banned from import.

d) Refurbished information technology products are used information technology products that have been repaired, had components replaced, and undergone other processes to restore functionality and appearance equivalent to new products; that bear a label in Vietnamese clearly stating the product is refurbished, or in a foreign language with equivalent meaning; and that carry the same warranty regime as the manufacturer's new products. Refurbished information technology products with HS codes falling under the Import Ban List provided in the Appendix to this Circular are banned from import.

Article 3. Effect

1. This Circular takes effect on November 30, 2018.

2. This Circular replaces Article 3 and Appendix 01 of Circular No. 31/2015/TT-BTTTT dated October 29, 2015 of the Minister of Information and Communications guiding a number of articles of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government on the export and import of used information technology products.

Article 4. Organization of implementation

1. Heads of agencies and units under the Ministry of Information and Communications, and the agencies, organizations and individuals referred to in Article 1, shall be responsible for implementing this Circular.

2. In the course of implementation, any problems arising should be reported to the Ministry of Information and Communications (Information Technology Department) for timely guidance and resolution.

APPENDIX

DETAILED LIST OF USED INFORMATION TECHNOLOGY PRODUCTS BANNED FROM IMPORT, TOGETHER WITH HS CODES (Issued together with Circular No. 11/2018/TT-BTTTT dated October 15, 2018 of the Minister of Information and Communications)