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| Electronic component assembly line at Sun Tech JSC __Photo: VNA |
Under a draft circular regulating the import of used machinery, equipment and technology lines, which is currently open for public comment, used technology lines may be imported only if they satisfy requirements concerning technical standards, performance, consumption rates and origin.
Specifically, technology lines must be manufactured in conformity with national technical regulations on safety, energy saving and environmental protection. If applicable technical regulations have not yet been issued, the lines must meet the technical criteria of national standards of Vietnam or one of the G7 countries or the Republic of Korea regarding these requirements.
The remaining capacity or performance of a technology line must reach at least 85 per cent of its designed capacity or performance, while its consumption of raw materials and energy must not exceed the designed rates by more than 15 per cent.
In addition, technology lines must not involve technologies banned from transfer or subject to transfer restrictions under Government Decree 101/2026/ND-CP dated March 31, 2026.
For used machinery and equipment, the draft generally requires that their age not exceed 10 years. Machinery and equipment used in certain specific sectors would, however, be subject to different age limits specified in the Appendix to the circular.
Like technology lines, used machinery and equipment must comply with national technical regulations on safety, energy efficiency and environmental protection. Where relevant technical regulations are unavailable, they must satisfy the technical requirements of national standards of Vietnam or a G7 country or the Republic of Korea.
Simplified procedures for eligible enterprises
The draft proposes a separate mechanism to simplify procedures for the import of used technology lines by hi-tech enterprises, strategic technology enterprises and projects eligible for special investment incentives and support.
For the first shipment forming part of an imported technology line, an enterprise would be required to submit only several additional documents together with the import dossier prescribed by the customs law.
These would include information verifying its status as a hi-tech enterprise or strategic technology enterprise, or information showing that its project is eligible for special investment incentives and support.
Customs offices would proactively retrieve such information from existing databases. Only where the information cannot be retrieved or is incomplete or inaccurate would the enterprise be required to additionally provide relevant documents, such as a certificate confirming its status as a hi-tech enterprise or strategic technology enterprise, an investment registration certificate, or documents proving that the project is eligible for special investment incentives and support.
The enterprise would also have to submit a written commitment made according to a prescribed form, together with a list of machinery and equipment expected to be imported as part of the technology line.
Another required document would be a registration for inspection of the technology line after it has been imported, fully installed and put into operation. The registration must bear confirmation from a designated inspection organisation and be accompanied by the list of machinery and equipment expected to be imported.
Once the required dossier has been submitted, the enterprise may bring the goods to its premises for preservation without having to wait until completion of the inspection.
All shipments forming part of the same imported technology line must undergo import procedures at a single customs office.
The enterprise must complete installation, trial operation and inspection of the technology line within 12 months from the date the first shipment is brought to its premises for preservation, and subsequently submit the inspection certificate to the customs office. Customs clearance would be completed only when the dossier is complete and valid and the inspection certificate confirms that the technology line satisfies all prescribed criteria.
For highly complex technology lines requiring additional time for installation, operation and inspection, enterprises may apply for a one-off extension of the deadline for submission of the inspection certificate. The extension must not exceed six months beyond the original deadline.
If inspection results show that the technology line fails to meet the prescribed criteria, the enterprise would be sanctioned in accordance with law and required to re-export the line.
After customs clearance is completed or refused, the enterprise would have to report the outcome to the MOST and the People’s Committee of the province or city where the project is implemented within five working days.- (VLLF)
