1. This Decree deals with the management of importation of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as “CPTPP”).

2. This Decree only applies to manufactured goods which are imported under CPTPP and of the same types as the used goods the importation of which into Vietnam is prohibited in accordance with regulations of law.

3. This Decree does not apply to the importation of remanufactured goods for national defense and security purposes.

This Decree applies to remanufacturing enterprises, remanufacturing facilities, brand-owners, importers of manufactured goods, and authorities, organizations and individuals involved in the importation of manufactured goods under CPTPP.

For the purpose of this Decree, the terms herein are construed as follows:

1. “recovered material” means a material in the form of one or more individual parts that results from (i) the disassembly of a used good into individual parts; and (ii) the cleaning, inspecting, testing or other processing or repairing of those parts as necessary for improvement to sound, secure and safe working condition;

2. “remanufactured good” means a good that:

a) is classified under HS codes specified in Appendixes I, II, III, IV and V enclosed herewith; and

b) is entirely or partially composed of recovered materials; and

c) has a life expectancy similar to such a good when new; and

d) has the same performance as such a good when new, with performance quality and efficiency same as or similar to such a good when new; and

dd) has a factory warranty similar to that applicable to such a good when new.

3. “remanufacturing enterprise” means an enterprise that is duly established and registered in a foreign country, plays the major role in organizing the production of remanufactured goods and completing procedures for placing such remanufactured goods on the market.

4. “brand owner” means an organization or individual that legally owns the brand of the original good or of a good used as component part, accessory or spare part of the remanufactured good.

5. “remanufacturing facility” means a place where one or more production processes of a manufactured good takes place.

6. “remanufacturing capacity” means the capacity to produce remanufactured goods which meet the criteria set forth in Clause 2 of this Article.

7. “HS code” means the classification code of a good which is defined under the Harmonized Commodity Description and Coding System developed by the World Customs Organization and specified in Vietnam’s nomenclature of exports and imports.

8. “original good” means a good exists before it undergoes the process of recovery or remanufacturing.

1. List of remanufactured goods under the management of the Ministry of Information and Communications of Vietnam is provided in Appendix I enclosed herewith.

2. List of remanufactured goods under the management of the Ministry of Health of Vietnam is provided in Appendix II enclosed herewith.

3. List of remanufactured goods under the management of the Ministry of Transport of Vietnam is provided in Appendix III enclosed herewith.

4. List of remanufactured goods under the management of the Ministry of Industry and Trade of Vietnam is provided in Appendix IV enclosed herewith.

5. List of remanufactured goods under the management of the Ministry of Agriculture and Rural Development of Vietnam is provided in Appendix V enclosed herewith.

6. Columns “HS code” and “Description” in Appendixes I, II, II, IV, V enclosed herewith comply with Vietnam’s nomenclature of exports and imports and legislative documents providing amendments thereto.

1. A remanufactured good imported into Vietnam must meet the following requirements:

a) It is imported under an import license as prescribed in this Decree.

b) It meets the rules of origin set out in CPTPP.

c) It meets all relevant regulations of the law of Vietnam and specialized laws that apply to equivalent goods in new condition, and, as the case may be, include regulations on labeling, quality of products, technical standards and regulations, energy efficiency, radiation safety, cyberinformation security, measurement, environmental protection, protection of intellectual property rights, and other regulations.

2. In order to be placed on the market, the phrase “remanufactured good” must be displayed at a place and of a size visible and legible to the naked eye on either the primary or secondary label of the remanufactured good.

1. Remanufacturing code means an identification code granted by the Ministry of Industry and Trade of Vietnam to a remanufacturing enterprise or brand owner that is an organization.

2. Remanufacturing codes shall only be granted to remanufacturing enterprises or brand owners that can prove their remanufacturing capacity, warranty policies and rights to use the brand as prescribed in this Decree.

3. A remanufacturing code is valid for a maximum of 5 years after issued.

1. The remanufacturing enterprise or band owner (hereinafter referred to as “applicant”) shall submit an application for remanufacturing code by post (or online, if available) to the Ministry of Industry and Trade of Vietnam.

2. Such an application for remanufacturing code includes:

a) An application form which is made using the form in Appendix IV enclosed herewith (01 original).

b) The applicant’s business registration certificate or another document of equivalent validity (01 copy and its Vietnamese translation, if the copy is made in a language other than Vietnamese, which both must bear the applicant’s certification).

c) A description of remanufacturing capacity, which is prepared for each HS code of remanufactured goods to be imported into Vietnam (01 original in English and its Vietnamese translation which both must be signed by the person who signs the application form).

d) A description of the compliance by the remanufactured good with the rules of origin set out in CPTPP, which is prepared for each HS code of remanufactured goods to be imported into Vietnam (01 original in English and its Vietnamese translation which both must be signed by the person who signs the application form).

dd) A commitment to provide the remanufactured good with warranty and maintenance policies similar to those applicable to such a good when new, which is prepared for each HS code of remanufactured goods to be imported into Vietnam (01 original in English and its Vietnamese translation which both must be signed by the person who signs the application form).

e) The brand owner’s document permitting the remanufactured good to use the brand of the original good or to be used as component part, accessory or spare part in the production of a good whose brand is under their ownership (01 original in English and its Vietnamese translation which both must be signed by the authorized representative of the brand owner).

A written description of remanufacturing capacity shall, inter alia, include:

1. Description of technologies, approaches, machinery, equipment, component parts, accessories and spare parts used in the production of the remanufactured good which must be clear and adequate to the extent that a person with average knowledge in the relevant field of technology can, based on this description, understand and evaluate the outcomes of the remanufacturing process.

2. Clear and adequate description of the quality inspection process which is aimed at proving that the remanufactured good has been inspected and tested in an objective, truthful and careful manner to achieve technical specifications and quality similar to those of such a good when new. Any quality certificates attached to this description must be translated into Vietnamese, if they are made in a language other than Vietnamese, and certified by the applicant.

3. Clear and adequate description of the grounds on which the applicant believes that the remanufactured good has a life expectancy similar to such a good when new and has the same performance as such a good when new, with performance quality and efficiency same as or similar to such a good when new.

4. Special precautions for transport, handling, storage, use and destruction of the remanufactured good which have been applied to such a good when new.

5. Color photos of the remanufactured good.

A written description of the compliance by the remanufactured goods with rules of origin set out in CPTPP shall, inter alia, include:

1. the rules of origin set out in CPTPP that apply to the remanufactured good to be imported into Vietnam; and

2. the grounds on which the applicant believes that the remanufactured good has met the rules of origin specified in Clause 1 of this Article.

A written commitment on warranty and maintenance policies for a remanufactured good shall, inter alia, include:

1. Clear and adequate commitment to provide the remanufactured good with warranty and maintenance policies similar to those applicable to such a good when new.

2. Relevant documents proving the commitment specified in Clause 1 of this Article such as the list of authorized warranty and maintenance centers for the remanufactured good in Vietnam, which is accompanied with a written acceptance of obligation to provide warranty and maintenance services for the remanufactured good of each of the listed centers (if applied to such a good when new); warranty certificate or warranty card of such a good when new. These documents must be translated into Vietnamese, if they are made in a language other than Vietnamese, and certified by the applicant.

The brand owner’s document specified in this Article shall, inter alia, include:

1. Evidences of the ownership of the brand. Documentary evidences must be translated into Vietnamese, if they are made in a language other than Vietnamese, and certified by the authorized representative of the brand owner.

2. A clear, adequate and non-confusing statement that the brand owner permits the remanufactured good described in the application form and the applicant to use the brand of the original good, or permits the remanufactured good to be used as component part, accessory or spare part in the production of the good whose brand is under their ownership.

1. If the application is inadequate or invalid, within 07 working days from the receipt of the application, the Ministry of Industry and Trade of Vietnam shall notify the applicant in writing (or online, if available) to modify their application.

2. If the applicant’s remanufactured goods are only included in the list in the Appendix IV enclosed herewith, within 90 days from its receipt of valid application, the Ministry of Industry and Trade of Vietnam shall appraise the received application and grant the remanufacturing code to the applicant. In case of refusal, a written response indicating reasons for such refusal shall be given.

3. If the applicant’s remanufactured goods are included in the list in the Appendix I, II, III or V enclosed herewith, within 07 working days from its receipt of adequate and valid application, the Ministry of Industry and Trade of Vietnam shall transfer the received application to the supervisory Ministry for its appraisal opinions.

Within 90 days from its receipt of the written request for appraisal opinions from the Ministry of Industry and Trade of Vietnam, the supervisory Ministry shall appraise the application and give a written response indicating its approval or refusal to grant the remanufacturing code to the Ministry of Industry and Trade of Vietnam. In case of refusal, the supervisory Ministry shall give reasons for such refusal.

Within 07 working days from its receipt of the written response from the supervisory Ministry, the Ministry of Industry and Trade of Vietnam shall grant the remanufacturing code or give a written response indicating reasons for its refusal to grant the remanufacturing code.

4. If the Ministry of Industry and Trade of Vietnam or the supervisory Ministry requires additional information, the length of time from sending of a request for information to receipt of valid additional information shall not be included in the prescribed time limit for appraisal of the application.

1. The Ministry of Industry and Trade of Vietnam and the relevant supervisory Ministry are entitled to request a verification visit to the remanufacturing facility before granting the remanufacturing code in case there is reasonable doubt about the authenticity of the application or after the remanufacturing code has been issued on the basis of risk management or where the holder of the remanufacturing code is found to have signs of violation against regulations of law.

2. The Ministry of Industry and Trade of Vietnam shall send a request for a verification visit in writing (or online, if available) to the applicant for the remanufacturing code or the holder of the remanufacturing code in case the verification visit is conducted after the remanufacturing code has been granted.

3. The Ministry that requests the verification visit shall act as the presiding Ministry of such verification visit.

4. The presiding Ministry and the applicant for the remanufacturing code or the holder of the remanufacturing code shall reach an agreement on the start date of the verification visit.

5. Within 15 working days upon the end of the verification visit, the presiding Ministry shall send a notice of the verification results to the applicant for the remanufacturing code or the holder of the remanufacturing code in writing (or online, if available). A copy of this notice shall be sent to the Ministry of Industry and Trade of Vietnam in case a supervisory Ministry presides over the verification visit.

6. In case a verification visit is conducted before granting the remanufacturing code or approving the application for changes in information of the holder of the remanufacturing code or approving the application for validity extension and changes in information of the holder of the remanufacturing code, the length of time from the notification of the request for verification visit to the notification of verification results shall not be included in the prescribed time limit for appraisal of the application.

1. The enterprise that wishes to extend the validity of its remanufacturing code shall submit an application which is made using the form in Appendix VII or Appendix VIII enclosed herewith to the Ministry of Industry and Trade of Vietnam at least 90 days before the expiry date of the remanufacturing code.

2. An application for extension of the validity of the remanufacturing code shall be processed within a maximum duration of 07 working days in case there is no change in information as compared to the granted remanufacturing code.

3. In case there are changes in information as compared to the granted remanufacturing code, the applicant shall be required to submit the documents specified in Points b and c Clause 1 Article 15 of this Decree. The application for extension of the validity of the remanufacturing code in this case shall be processed in the same manner as an application for changes in information prescribed in Clauses 2, 3, 4, 5, 6 Article 15 of this Decree.

4. The remanufacturing code shall be valid for a maximum of 5 years after the extension of its validity is approved by the Ministry of Industry and Trade of Vietnam.

Article 15. Changes in information about remanufacturing code holder

1. If there are any changes in information provided in its application for the remanufacturing code occurring after the remanufacturing code has been granted, the remanufacturing code holder shall submit an application for approval of changes in information by post (or online, if available) to the Ministry of Industry and Trade of Vietnam. Such an application includes:

a) An application form which is made using the form in Appendix IX enclosed herewith (01 original).

b) A description of changes in information (01 original in English and its Vietnamese translation which both must be signed by the authorized representative of the applicant).

c) Copies of supporting documents of the abovementioned description, if any (01 copy of each supporting document and its Vietnamese translation which both must be certified by the authorized representative of the applicant).

2. If changes in information only involve the Appendix IV enclosed herewith and such changes affect none of the remanufacturing capacity, warranty policies and rights to use the brand, within 07 working days from its receipt of a valid application, the Ministry of Industry and Trade of Vietnam shall give a written approval of changes in information.

3. If changes in information involve the Appendix I, II, III or V enclosed herewith, within 07 working days from its receipt of a valid application, the Ministry of Industry and Trade of Vietnam shall transfer the received application to the supervisory Ministry for its opinions.

Within 10 working days from its receipt of the application transferred from the Ministry of Industry and Trade of Vietnam, the supervisory Ministry shall give its written response to the Ministry of Industry and Trade of Vietnam. If the supervisory Ministry reaches a conclusion that changes in information affect none of the remanufacturing capacity, warranty policies and rights to use the brand, within 07 working days from its receipt of the written response from the supervisory Ministry, the Ministry of Industry and Trade of Vietnam shall give a written approval of changes in information.

4. In case the Ministry of Industry and Trade of Vietnam or the supervisory Ministry finds that such changes in information may affect the remanufacturing capacity, warranty policies and rights to use the brand, within 07 working days from its receipt of a valid application or a written response from the supervisory Ministry, the Ministry of Industry and Trade of Vietnam shall notify the applicant in writing (or online, if available) of re-appraisal of its remanufacturing capacity.

5. Procedures for re-appraisal of the remanufacturing capacity of the applicant shall be same as those for appraisal of an application for issuance of a new remanufacturing code.

6. The Ministry of Industry and Trade of Vietnam is entitled to suspend the validity of the manufacturing code as prescribed in Clause 3 Article 16 of this Decree to serve the process of re-appraisal of the remanufacturing capacity of the applicant.

1. The Ministry of Industry and Trade of Vietnam shall revoke a remanufacturing code that it granted in the following cases:

a) The applicant is found to have provided false or inaccurate information in its application for the remanufacturing code that significantly affects the appraisal and grant of the remanufacturing code.

b) The remanufacturing code holder fails to follow procedures for making changes in information as prescribed within 30 days after the validity of its remanufacturing code has been suspended as prescribed in Point c Clause 3 of this Article.

c) The remanufacturing code holder fails to maintain its remanufacturing capacity, warranty policies or rights to use brand as stated in its submitted application.

d) The remanufactured good to be imported into Vietnam of the remanufacturing code holder is found to systematically violate the provisions of Point c Clause 1 Article 5 of this Decree.

dd) The applicant for the remanufacturing code or the remanufacturing code holder fails to cooperate during the verification visit to the remanufacturing facility or re-appraisal of the remanufacturing capacity of the remanufacturing code holder.

e) The remanufacturing code holder or their warranty and maintenance centers refuse to provide warranty and maintenance services for remanufactured goods.

g) The revocation is made at the request of the remanufacturing code holder.

h) The remanufacturing code holder is dissolved or declared bankrupt or has its business registration certificate or another document of equivalent validity revoked by a competent authority of their home country.

2. The Ministry of Industry and Trade of Vietnam shall not consider re-granting the remanufacturing code to an enterprise whose remanufacturing code is revoked as prescribed in Point a, b, d, dd or h Clause 1 of this Article.

3. The Ministry of Industry and Trade of Vietnam shall consider suspending the validity of a remanufacturing code that it granted in the following cases:

a) The suspension is aimed at preventing ineliminable risks which may occur during the re-appraisal of the remanufacturing capacity of the remanufacturing code holder or during the verification visit to the remanufacturing facility conducted after the remanufacturing code has been issued.

b) The remanufactured good is found to have violated the provisions of Point c Clause 1 Article 5 of this Decree for the first time.

c) The remanufacturing code holder fails to follow procedures for making changes in information as prescribed.

4. The license to import remanufactured goods will no longer valid when the remanufacturing code is revoked or suspended.

5. Where goods have been loaded onto the means of transport before the remanufacturing code is revoked or suspended as prescribed in Point b, c, dd or g Clause 1 or Clause 3 Article 16 of this Decree:

a) The importer shall send a written request to the licensing authority specified in Clause 1 Article 17 of this Decree for considering and deciding the importation of the shipment. Such request must clearly indicate the reason for importation of goods when the remanufacturing code is suspended or revoked (accompanied with documents proving that the goods have been loaded onto the means of transport before the remanufacturing code is suspended or revoked; the issued license to import remanufactured goods).

b) The licensing authority shall give a written response to the importer within 07 working days from its receipt of the written request from the latter. If the request is refused, the licensing authority shall give a written response indicating reasons for refusal.

6. The Ministry of Industry and Trade of Vietnam shall notify licensing authorities and customs authorities immediately after a decision to grant, replace, suspend or revoke the remanufacturing code is issued in order to ensure their performance of relevant management tasks.

7. The Ministry of Finance of Vietnam, the Ministry of Information and Communications of Vietnam, the Ministry of Health of Vietnam, the Ministry of Transport of Vietnam, and the Ministry of Agriculture and Rural Development of Vietnam shall promptly inform the Ministry of Industry and Trade of Vietnam of any violations against requirements for imported remanufactured goods for cooperating in taking appropriate penalties and considering suspending or revoking remanufacturing codes.

1. Remanufactured goods may only be imported into Vietnam under license issued by relevant supervisory Ministries as prescribed in Appendixes I, II, III, IV and V of this Decree (hereinafter referred to as “licensing authority”).

2. License to import remanufactured goods includes:

a) Import license for each shipment.

b) Fixed-term import license.

3. The importation of first shipments of remanufactured goods into Vietnam shall require the import license for each shipment.

4. After 03 shipments of remanufactured goods of the same name, category, and HS code of a remanufacturing code holder have been imported to the same or different importers under the import license for each shipment, following shipments of such remanufactured goods may be imported under the fixed-term import license.

5. The period of validity of a fixed-term import license shall be decided by the licensing authority but shall not be less than 12 months.

6. There is no limit on quantity of remanufactured goods imported under a fixed-term import license during its validity period.

7. The import license for each shipment may be re-applied:

a) upon the end of the suspension period of the remanufacturing code; or

b) when an enterprise’s remanufacturing code has been revoked but then is re-granted.

8. Regarding the cases in Clause 7 of this Article, after at least 10 shipments of remanufactured goods of the same name, category, and HS code of a remanufacturing code holder have been imported to the same or different importers under the import license for each shipment, following shipments of such remanufactured goods may be imported under the fixed-term import license.

1. Depending on the assignment of management tasks as prescribed in Appendixes I, II, III, IV and V of this Decree, the importer shall submit an application for the license to import remanufactured goods by post (or online, if available) to the relevant licensing authority. Such an application includes:

a) An application form which is made using the form in Appendix X enclosed herewith (01 original).

b) Investment registration certificate, business registration certificate or enterprise registration certificate (01 copy bearing the applicant’s certification).

c) A remanufacturing code holder's certification that the remanufactured good to be imported is the one it has registered when applying for the remanufacturing code (01 original and its Vietnamese translation, if this original is made in a language other than Vietnamese, which both must be signed by the authorized representative of the remanufacturing code holder).

d) A report on importation of remanufactured goods under the previously issued license which is made using the form in Appendix XI enclosed herewith (01 original).

2. If the good to be imported is of the same category as a remanufactured good the importation of which is managed by means of license or another method requiring approval or certification given by management authorities before imported, the applicant shall submit additional documents as required by such management policy, if any.

3. If the application is inadequate or invalid, within 07 working days from its receipt of the application, the licensing authority shall notify the applicant in writing to complete its application.

4. Within 15 working days from its receipt of an adequate and valid application, the licensing authority shall consider issuing a license to import remanufactured goods to the applicant. In case of refusal, a written response indicating reasons for refusal shall be given.

5. In case the good to be imported is of the same category as a remanufactured good the importation of which is managed by means of license or another method requiring approval or certification given by management authorities before imported, the prescribed time limit for processing an application under such management policy shall apply if it is longer than that prescribed in Clause 4 of this Article.

Apart from customs procedures to be followed as prescribed, the importer of a remanufactured good is required to submit or present the following documents to the customs authority:

1. The proof of origin as prescribed in CPTPP (to be submitted or presented as prescribed by law).

2. The license to import remanufactured goods or written permission for importation of remanufactured goods in case the remanufacturing code has been suspended or revoked (the original shall be presented).

3. Other necessary documents applicable to the good to be imported which is of the same category as the previously imported remanufactured good when following customs procedures for imports in accordance with the law of Vietnam and specialized law (to be submitted or presented as prescribed by law).

1. Comply with regulations of the law of Vietnam that apply to equivalent imported goods of same categories in new condition, including, as the case may be, regulations on labeling, business conditions, quality of products, technical standards and regulations, energy efficiency, radiation safety, cyberinformation security, measurement, environmental protection, protection of intellectual property rights, and other regulations.

2. Assume legal responsibility for the accuracy and truthfulness of applications and documents submitted or presented to competent authorities.

3. Contact, cooperate and provide documents at the request of licensing authorities and relevant authorities during their inspection of the implementation of this Decree.

4. By January 30 each year, submit written reports on the importation of remanufactured goods under CPTPP of the previous year, which is made using the form in Appendix XI enclosed herewith, directly or by post to licensing authorities and the Ministry of Industry and Trade of Vietnam.

1. The Ministry of Industry and Trade of Vietnam shall grant remanufacturing codes; issue license to import remanufactured goods as assigned; instruct and inspect the importation of remanufactured goods under its management; do research on development of database on enterprises granted remanufacturing codes to serve management tasks.

2. The Ministry of Information and Communications of Vietnam, the Ministry of Health of Vietnam, the Ministry of Transport of Vietnam and the Ministry of Agriculture and Rural Development of Vietnam shall issue license to import remanufactured goods as assigned; instruct and inspect the importation of remanufactured goods under their management.

3. The Ministry of Finance of Vietnam instructs the examination/verification of origin of remanufactured goods upon following customs procedures for imports in accordance with regulations of law.

1. This Decree comes into force from January 01, 2024.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant agencies, organizations and individuals shall be implement this Decree.

 

 

LIST OF REMANUFACTURED GOODS UNDER MANAGEMENT OF MINISTRY OF INFORMATION AND COMMUNICATIONS OF VIETNAM
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

1. The columns “HS code" and “Description” of this List are compiled according to Vietnam’s nomenclature of exports and imports.

2. In case where only 4-digit HS code is specified, the provisions of this Decree shall apply to all HS codes in this 4-digit heading.

3. In case where 6-digit HS code is specified, the provisions of this Decree shall apply to all HS codes in this 6-digit subheading.

4. In case where 8-digit HS code is specified, the provisions of this Decree shall only apply to the specified 8-digit HS code.

 

LIST OF REMANUFACTURED GOODS UNDER MANAGEMENT OF MINISTRY OF HEALTH OF VIETNAM
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

1. The columns “HS code" and “Description” of this List are compiled according to Vietnam’s nomenclature of exports and imports.

2. In case where only 4-digit HS code is specified, the provisions of this Decree shall apply to all HS codes in this 4-digit heading.

3. In case where 6-digit HS code is specified, the provisions of this Decree shall apply to all HS codes in this 6-digit subheading.

4. In case where 8-digit HS code is specified, the provisions of this Decree shall only apply to the specified 8-digit HS code.

 

LIST OF REMANUFACTURED GOODS UNDER MANAGEMENT OF MINISTRY OF TRANSPORT OF VIETNAM
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

1. The columns “HS code" and “Description” of this List are compiled according to Vietnam’s nomenclature of exports and imports.

2. In case where only 4-digit HS code is specified, the provisions of this Decree shall apply to all HS codes in this 4-digit heading.

3. In case where 6-digit HS code is specified, the provisions of this Decree shall apply to all HS codes in this 6-digit subheading.

4. In case where 8-digit HS code is specified, the provisions of this Decree shall only apply to the specified 8-digit HS code.

 

LIST OF REMANUFACTURED GOODS UNDER MANAGEMENT OF MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

1. The columns “HS code" and “Description” of this List are compiled according to Vietnam’s nomenclature of exports and imports.

2. In case where only 4-digit HS code is specified, the provisions of this Decree shall apply to all HS codes in this 4-digit heading.

3. In case where 6-digit HS code is specified, the provisions of this Decree shall apply to all HS codes in this 6-digit subheading.

4. In case where 8-digit HS code is specified, the provisions of this Decree shall only apply to the specified 8-digit HS code.

 

LIST OF REMANUFACTURED GOODS UNDER MANAGEMENT OF MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

1. The columns “HS code" and “Description” of this List are compiled according to Vietnam’s nomenclature of exports and imports.

2. In case where only 4-digit HS code is specified, the provisions of this Decree shall apply to all HS codes in this 4-digit heading.

3. This List shall only apply to remanufactured goods which are made of the used goods banned from import in accordance with regulations of law.

 

APPLICATION FORM FOR REMANUFACTURING CODE
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

To: The Ministry of Industry and Trade of Vietnam.

- Official name of the applicant:

- Address of the applicant:

- Website (if any):

- Contact methods:

Telephone number:

E-mail:

- Responsible person:

Name:

Title:  [Mr., Mrs., Ms.]

We, by these presents, would like to apply for a remanufacturing code granted under the provisions of the Government’s Decree No. ....../2023/ND-CP dated …… …, 2023 on management of importation of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

- HS code of the remanufactured good: [the applicant indicates the 8-digit HS code as listed in Appendixes I, II, III, IV, V enclosed with the Government’s Decree No. ....../2023/ND-CP dated …… …, 2023 on management of importation of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Where an 8-digit HS code of the good is not available in such an Appendix, the applicant should refer to the latest version of Vietnam’s nomenclature of exports and imports for the 8-digit HS code of the good]

- Common name of the good:

- Brief description of functions of the good:

- Functions and ability to perform such functions compared to the original good: [specify “unchanged” or “similar”. If “similar” option is chosen, reasons for such choice must be given in brief.]

- The expected lifetime compared to the original good: [specify the number of years, and state that the lifetime is “similar” or “dissimilar” to the original good. Reasons should be given in brief, if “dissimilar” option is chosen]

- Supporting documents for this HS code of remanufactured good are listed in Appendix I enclosed herewith, including:

+ A description of remanufacturing capacity

+ A description of the compliance by the remanufactured good with rules of origin set out in CPTPP

+ A commitment to provide the remanufactured good with warranty and maintenance policies similar to those applicable to such a good when new

+ The brand owner’s document permitting the remanufactured good to use the brand of the original good or to be used in the production of a good whose brand is under their ownership

[Contents of declaration about the remanufactured good No. 1 shall apply to this remanufactured good No. 2 and so on]

I, the undersigned, do hereby confirm that (i) I am fully competent, as prescribed by applicable law, to sign this application form on behalf of [the official name of the applicant]; and (ii) all information provided herein as well as Appendixes enclosed herewith are true and accurate.

APPLICATION FORM FOR EXTENSION OF VALIDITY OF REMANUFACTURING CODE WITHOUT CHANGES IN INFORMATION
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

 

To: The Ministry of Industry and Trade of Vietnam.

- Official name of the applicant:

- Address of the applicant:

- Website (if any):

- Contact methods:

Telephone number:

E-mail:

- Responsible person:

Name:

Title:  [Mr., Mrs., Ms.]

We, by these presents, would like to apply for an extension of the validity of our remanufacturing code granted on............... [date].

This application includes no request for approval of changes in information.

I, the undersigned, do hereby confirm that (i) I am fully competent, as prescribed by applicable law, to sign this application form on behalf of [the official name of the applicant]; and (ii) all information provided herein is true and accurate.

 

 

APPLICATION FORM FOR EXTENSION OF VALIDITY OF REMANUFACTURING CODE WITH CHANGES IN INFORMATION
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

 

To: The Ministry of Industry and Trade of Vietnam.

- Official name of the applicant:

- Address of the applicant:

- Website (if any):

- Contact methods:

Telephone number:

E-mail:

- Responsible person:

Name:

Title:  [Mr., Mrs., Ms.]

We, by these presents, would like to apply for an extension of the validity of our remanufacturing code granted on............... [date] with the changes in information specified in the application form for approval of changes in information enclosed herewith.

I, the undersigned, do hereby confirm that (i) I am fully competent, as prescribed by applicable law, to sign this application form on behalf of [the official name of the applicant]; and (ii) all information provided in this application form and documents enclosed herewith are true and accurate.

 

 

APPLICATION FORM FOR APPROVAL OF CHANGES IN INFORMATION
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

 

To: The Ministry of Industry and Trade of Vietnam.

- Official name of the applicant:

- Address of the applicant:

- Remanufacturing code:

- Website (if any):

- Contact methods:

Telephone number:

E-mail:

- Responsible person:

Name:

Title:  [Mr., Mrs., Ms.] - Remanufacturing code

We, by these presents, would like to apply for approval of changes in our information provided in the application form for remanufacturing code submitted to your authority.

A description of changes in information and supporting documents thereof are provided in the Appendix enclosed herewith.

I, the undersigned, do hereby confirm that (i) I am fully competent, as prescribed by applicable law, to sign this application form on behalf of [the official name of the applicant]; and (ii) all information provided herein as well as Appendixes enclosed herewith are true and accurate.

 

 

APPLICATION FORM FOR LICENSE TO IMPORT REMANUFACTURED GOODS
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

 

To: ……………………

- The applicant's official name:

- Abbreviated name (if any):

- The applicant's name in foreign language (if any):

- The applicant's abbreviated name in foreign language (if any):

- Address:

- Website (if any):

- Contact methods:

Telephone number:

E-mail:

- Responsible person:

Name and title [Mr., Mrs., Ms.]:

We do hereby apply to ............... [name of the relevant Ministry] for a license to import remanufactured goods under the provisions of the Government’s Decree No. ....../2023/ND-CP dated …… …, 2023 on management of importation of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) with the following information:

- Name of the remanufactured good:

- HS code of the remanufactured good [8-digit HS code]:

- Import quantity:

- Remanufacturing code:

- Year of completion of remanufacturing:

- Expected lifetime:  [specify the number of years, and state that whether or not the lifetime is similar to such a good when new]

- Warranty and maintenance policies: [clearly state that whether or not the remanufactured good is provided with warranty and maintenance policies, and whether or not such provided warranty and maintenance policies are similar to those for such a good when new]

- Warranty and maintenance centers: [list at least 01 warranty and maintenance center. The listed warranty and maintenance center must be included in the list of warranty and maintenance centers of the remanufacturing code holder]

- Origin of good: [specify the origin of the good. Note: if the good fails to comply with the rules of origin set out in CPTPP, it shall not be imported into Vietnam and the importer may incur criminal liability as prescribed]

- Planned place of departure from which the good departs for being imported into Vietnam: [specify name of the seaport, airport, railway station or coach station where the good is loaded onto the means of transport for transportation to Vietnam]

- Planned shipping route: [clearly state that the good will be transported to Vietnam directly from the place of departure or with one or more stops. Note: only stop-off point(s) at which the good is unloaded from the means of transport will be declared. Stopping in transit at one or more points without unloading of goods from the means of transport will be still considered as direct route]

- Interventions in the good: [clearly state that whether or not, during the transport to Vietnam, the good is changed or affected by other interventions such as disassembly, cleaning, replacement of packaging/label, testing or use, etc. Otherwise, specify “None”]

[Contents of declaration about the good item 1 shall apply to this good item and so on]

………………..

Enclosed documents:

- A copy of the enterprise registration certificate, business registration certificate or investment registration certificate.

- The original copy of the remanufacturing code holder’s certification that the goods listed in this application form are those registered when applying for the remanufacturing code.

I, the undersigned, do hereby confirm that:

1. I am fully competent under the law of Vietnam to sign this application form on behalf of [official name of the applicant].

2. Information that is provided in this application form and any Appendixes enclosed herewith and is under our management is true and accurate. Information obtained from third parties, including information provided by the remanufacturing code holder, carrier or another partner signing contract with us, etc., has been carefully checked and verified by us before stated in this application form and Appendixes enclosed herewith to ensure the highest possible reliability.

3. We also understand that the licensing authority may refuse to issue a fixed-term import license if our remanufactured goods do not qualify for this type of license [this statement is required only in case of application for a fixed-term import license].

 

 

REPORT ON IMPORTATION OF REMANUFACTURED GOODS
(Enclosed with the Government’s Decree No. 77/2023/ND-CP dated November 02, 2023)

[NAME OF IMPORTER] ----------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness -----------
No.: …. Re: Reporting on importation of remanufactured goods	...., [place & date]

 

To: ……………………

- The importer’s official name:

- Abbreviated name (if any):

- The importer’s name in foreign language (if any):

- The importer’s abbreviated name in foreign language (if any):

- Address:

- Website (if any):

- Contact methods:                          Telephone number:                                E-mail:

- Responsible person:

Pursuant to the Government’s Decree No………/2023/ND-CP dated …… …, 2023 on management of importation of remanufactured goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), (name of the importer) does hereby report on our importation of remanufactured goods (under the import license No……. dated….. issued by……….) or (in the year…… (from 01/01/... to 31/12/...)) as follows:

- Reporting on satisfaction of requirements for importation of remanufactured goods laid down in Points b, c Clause 1 and Clause 2 Article 5 of the Government’s Decree No………/2023/ND-CP dated …… …, 2023:

(name of the importer) does hereby confirm that the information provided in this report is true and accurate, and (name of the importer) shall assume legal responsibility for any false or inaccurate information.