Energy and greenhouse gases

Age Limits for Imported Used Machinery: The 2015 Regulatory Context

2015-11-16 06:46:53 | Lượt xem: 6497 | Energy and greenhouse gases

Circular 23/2015/TT-BKHCN set a general age criterion of no more than ten years for used equipment, with specific exceptions. The circular ceased to have effect on 1 April 2020.

Historical document — Circular 23/2015/TT-BKHCN ceased to have effect on 1 April 2020. The criteria and exceptions below belong to the former rules. New imports require a check of the rules applicable to the equipment and project.

Machinery and production-line inspection

To restrict imports of outdated, low-quality, energy-intensive used machinery, equipment and technology lines that failed to meet standards for safety and environmental protection, the Ministry of Science and Technology issued Circular 23/2015/TT-BKHCN. The policy sought to prevent Vietnam from becoming a destination for obsolete industrial technology.

The historical ten-year age criterion and its exceptions

The circular’s general criterion was that used equipment should be no more than ten years old. Equipment also had to be manufactured to standards consistent with Vietnamese national technical regulations (QCVN), Vietnamese national standards (TCVN), or G7 standards relating to safety, energy efficiency and environmental protection.

Do Hoai Nam, then Director of the Ministry’s Department of Technology Assessment, Appraisal and Inspection, highlighted practical difficulties. He said overseas inspection bodies could not readily assess conformity with QCVN/TCVN and that examining every type of machinery, except identical equipment, could take substantial time and cost.

The circular also addressed used equipment in new and expanded investment projects. For projects requiring an investment-policy decision, or an investment registration certificate without an investment-policy decision, the general criteria in Article 6(1) did not apply where the project dossier included a list of used equipment accepted through the competent authority’s investment approval or registration process under the Investment Law.

Investment projects and special cases

Where equipment was older than ten years but a business needed to import it to maintain production or operations, the Ministry of Science and Technology could coordinate with relevant ministries and agencies to consider and decide the case on the basis of the company’s dossier and request.

Entry into force and historical context

The circular took effect on 1 July 2016 and replaced Circular 20/2014/TT-BKHCN and Notice 2527/TB-BKHCN.

According to information received by the Ministry, China periodically announced the elimination of outdated, low-quality and polluting machinery, equipment and technology lines. Historical figures covered 2,255 businesses across 18 sectors. To prevent such equipment entering Vietnam, the Ministry issued Notice 2527/TB-BKHCN on 6 September 2012, temporarily suspending imports of used machinery, equipment and technology lines that the competent Chinese authorities had declared obsolete.