Deputy Prime Minister Le Minh Khai has just signed and issued Decree No. 66/2024/ND-CP on managing the import of refurbished goods according to the Free Trade Agreements between Vietnam and the European Union (EVFTA); and between Vietnam and the United Kingdom and Northern Ireland (UKVFTA).
This Decree applies to refurbishing enterprises, refurbishing facilities, trademark owners, importers of refurbished goods, and relevant agencies, organizations, and individuals involved in the import of refurbished goods under the EVFTA and UKVFTA.
Under this Decree, there will be seven categories of refurbished goods under the management of various Ministries: Information and Communications, Health, Transport, Industry and Trade, Agriculture and Rural Development, Labor – Invalids and Social Affairs, and Science and Technology.
Imported refurbished goods must meet two conditions:
- They must have a Certificate of Eligibility as refurbished goods according to the EVFTA and UKVFTA, issued by the licensing authority as per the Decree.
- They must comply with the rules of origin requirements under the EVFTA and UKVFTA.
Additionally, when being marketed, the original or supplementary labels of refurbished goods must display the phrase “Refurbished Goods” in Vietnamese in a position and size that is visible and readable to the naked eye.
The management of refurbished goods under the EVFTA and UKVFTA follows regulations on foreign trade, commerce, sector-specific laws, tax laws, customs laws, and other applicable laws for refurbished goods meeting the conditions set out in Article 5 of this Decree, similar to new goods of the same type imported into Vietnam.
The Ministries responsible, as listed in Appendices I to VII of this Decree, will issue Certificates of Eligibility for refurbished goods under the EVFTA and UKVFTA.
Certificates of Eligibility for refurbished goods under the EVFTA and UKVFTA include two types:
- Certificates for individual consignments.
- Certificates with a validity period.
Import Documents for Refurbished Goods
Besides the standard customs documents, import documents for refurbished goods must include:
- A certificate of origin under the EVFTA and UKVFTA.
- A Certificate of Eligibility for refurbished goods under the EVFTA and UKVFTA, or a document permitting the import of refurbished goods if the refurbishment code is suspended or revoked.
- Other necessary documents as required by foreign trade laws, sector-specific laws applicable to new goods of the same type during the customs import process.
Responsibilities of Importers of Refurbished Goods
Importers must:
- Comply with Vietnamese laws applicable to new imported goods of the same type, including import policies, product policies, tax policies, customs, labeling, business conditions, product quality, standards, technical regulations, energy efficiency, radiation safety, information network security, measurement, environmental protection, intellectual property rights, and other regulations.
- Be responsible for the accuracy and truthfulness of the documents and information submitted to the authorities.
- Provide documents and information as required by the licensing and related agencies during compliance inspections under this Decree.
- Report annually by January 30 to the licensing authority and the Ministry of Industry and Trade, either directly, via postal service, or online (if applicable), on the import situation of refurbished goods under the EVFTA and UKVFTA for the previous year, using the form in Appendix XIII attached to this Decree.
Refurbishment Code
The refurbishment code is an identifier issued by the Ministry of Industry and Trade to refurbishing enterprises or trademark owners who are organizations. It is granted to those proving their refurbishment capabilities, warranty, maintenance regimes, product origin, and trademark use rights as per this Decree. The refurbishment code is valid for a maximum of 5 years from the date of issuance.
VFM
