On 17 June 2024 the Government has issued Decree 66/2024/ND-CP (Decree 66) on management of import of remanufactured goods traded under the commitments in the EU Vietnam Free Trade Agreement (EVFTA) and the UK-Vietnam Free Trade Agreement (UKVFTA). The Decree 66 is valid since its signing date.
Conditions for the imported remanufactured goods under the FTAs are:
The goods are granted with certificate of eligibility for remanufactured goods according to the EVFTA and UKVFTA issued by the licensing authorities in line with Decree 66. The goods meet legal requirements on rules of origin under EVFTA and UKVFTA. When the goods are put into circulation on the market, the Vietnamese phrase of “Remanufactured goods” 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.
Application for manufacturing code:
The applicant – either remanufacturing enterprise or brand owner shall submit 01 dossier requesting for granting remanufacturing code directly or by post or online (if available) to the Ministry of Industry and Trade of Vietnam.
The application for remanufacturing code includes:
- An application form which is made using the form in Appendix VIII enclosed with Decree 66 (01 original);
- The applicant’s business registration certificate or another document of equivalent validity (01 copy and 01 its Vietnamese translation, if the copy is made in a language other than Vietnamese, which both the 02 documents must bear the applicant’s certification);
- 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 (01) its Vietnamese translation which both documents must be signed by the person who signs the application form for remanufacturing code);
- A description of the compliance by the remanufactured good with the rules of origin set out in EVFTA and UKVFTA, which is prepared for each HS code of remanufactured goods to be imported into Vietnam (01) original in English and (01) its Vietnamese translation which both documents must be signed by the person who signs the application form for remanufacturing code);
- A commitment to provide the remanufactured good with warranty and maintenance policies for the remanufactured goods 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 (01) its Vietnamese translation which both documents must be signed by the person who signs the application form for remanufacturing code;
- 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 01 its Vietnamese translation which both documents must be signed by the authorized representative of the brand owner); and
- Documents/materials providing the medical device remanufacturing establishment meet requirements of Good Remanufactured Practice – GRP or meet requirements of other regulations, norms, standards applicable on the manufacturing establishments under the regulations of the home country. This condition is only applicable for the remanufactured medical devices.
Responsibility of the traders importing refurbished goods under EVFTA and UKVFTA:
Traders must comply with the Vietnamese legal regulations as currently applicable to imported new products of the same type, among which, depending on specific cases, there are regulations on import, product policy, tax policy, customs, and product labels; business conditions; product quality, standards and technical norms, energy efficiency, radiation safety, information network security, measurement, environment protection, intellectual property rights protection and other regulations.
When requested by licensing and relevant authorities, traders are obliged to organize works and provide documents, materials for the authorities’ inspection of the implementation of Decree 66 and bear responsibility before the law for the accuracy and truthfulness of such documents and materials presented to the competent authorities.
Traders also must report in writing to the licensing authorities and the Ministry of Industry and Trade before 30th January of every year by direct submitting printed report or sending via post or online (if applicable) on the status of import of remanufactured goods under the EVFTA and UKVFTA of the previous year.
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