The Decree on import management of refurbished goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

On 02/11/2023, the Government has just issued the Decree No. 77/2023/ND-CP on the management of import of refurbished goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This Decree applies to refurbishment enterprises, refurbishment establishments, trademark owners, traders importing refurbished goods and agencies, organizations and individuals involved in import activities of refurbished goods under the CPTPP.

Accordingly, refurbished goods are products listed by the product code in Appendix I, II, III, IV and V attached to this Decree. They are composed in whole or in part from recovered materials. They have an expiry date similar to the one of goods themselves when unused. They can perform all the same functions as those of the goods themselves when unused, with the quality and performance unchanged or similar to the quality and performance of the goods themselves when unused. There is a warranty similar to the one applicable to the goods themselves when unused.

The Decree clearly stipulates that refurbished goods imported into Vietnam must meet the following conditions: Have an import license as prescribed in this Decree; meet regulations on the rules of origin of goods under the CPTPP.

To meet relevant regulations of Vietnamese law and specialized laws applied to new imported goods of the same type. In particular, depending on specific cases, there are regulations on: product labels, product quality, standards, technical regulations, energy efficiency, radiation safety, network information security, measurement , environmental protection, intellectual property rights protection, other regulations.

According to the new regulations, when put into circulation on the market, the original label or secondary label of refurbished goods must display in Vietnamese the phrase "Refurbished goods" in a visible position and size and readable with the naked eye.

The Decree clearly states that refurbished goods can only be imported into Vietnam with a license from a specialized management ministry as assigned in Appendix I, II, III, IV and V of this Decree (the licensing agency).

License to import refurbished goods includes: License to import by shipment. Limited-term import license.

License to import by shipment is issued for refurbished goods the first time these goods are imported into Vietnam.

Refurbished goods with the same name, same type, same product code and belonging to the same enterprise will be granted a Refurbishment Code, after 03 times granted an import license according to the shipment (for the same importing traders or for different ones), will be converted to a time-limited import license regime.

The licensing agency stipulates that the validity period of the import license is limited but not less than 12 months.

A limited-term import license does not limit the quantity of refurbished goods imported under the license during the validity period of the license.

The license to import by shipment is re-applied when: The period of suspension of the Refurbishment Code expires. The enterprise was granted a Refurbishment Code that was revoked, then was reissued a Refurbishment Code.

Regarding procedures for importing refurbished goods, in addition to prescribed customs procedures, traders importing refurbished goods must submit or present to the Customs authority the following documents: Documents certifying the origin of goods according to CPTPP (submit or present according to legal regulations); License to import refurbished goods or documents permitting import of refurbished goods when the Refurbishment Code is suspended or revoked (present the original).

Other necessary documents and vouchers prescribed by Vietnamese law and specialized laws applicable to new goods of the same type when carrying out import customs procedures (submitted or presented according to legal regulations).

This Decree takes effect from January 1, 2024.

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