Circular No. 11/2012/TT-BTTT promulgating a list of used information technology đã được thay thế bởi Circular No. 31/2015/TT-BTTTT guiding 187/2013/ND-CP export import used information technology products và được áp dụng kể từ ngày 15/12/2015.
Nội dung toàn văn Circular No. 11/2012/TT-BTTT promulgating a list of used information technology
THE MINISTRY OF INFORMATION AND COMMUNICATIONS | SOCIALIST REPUBLIC OF VIET NAM |
No. 11/2012/TT-BTTTT | Hanoi, July 17, 2012 |
CIRCULAR
PROMULGATING A LIST OF USED INFORMATION TECHNOLOGY PRODUCTS BANNED FROM IMPORT
Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international purchase and sale of goods and purchase and sale agency, processing and transit of goods involving foreign parties;
Pursuant to the Government's Decree No. 71/2007/ND-CP of May 3, 2007, detailing and guiding a number of articles of the Law on Information Technology regarding information technology industry;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of
Information and Communications; the Government’s Decree No. 50/2011/ND-CP of June 24, 2011, supplementing and amending a number of articles of the Decree No. 187/2007/ND-CP;
At the proposal of the director of the Information Technology Department;
The Minister of Information and Communications promulgates the Circular providing a list of used information technology products banned from import,
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. Scope of regulation
a) Promulgating together with this Circular a list of used information technology products banned from import in the Annex 01 (below referred to as the import-banned product list)
b) Principles of application of the import-banned product list.
2. Subjects of application
This Circular applies to agencies, organizations and individuals conducting activities relating to import goods in the import-banned product list in Vietnam.
Article 2. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Service of repair, renew, remanufacture of information technology products means one or a number of the following activities: the replacement of components, assembly, repair, restoration or functional upgrading, renew of used information technology machinery and equipment of all kinds;
2. Renewed, embellished or remanufactured information technology product means a product which has been repaired, had its parts replaced or its functions and appearance restored equivalent to brand-new appliances of the same type;
Chapter II
PROVISION APPLYING TO THE IMPORT-BANNED PRODUCT LIST
Article 3. Provisions applying the import-banned product list
1. The list is formulated based on the list of goods and H.S code in the export and import tariff.
The list bans from import only goods with 8-digit H.S code. The 4- and 6- digit in the list are only intended to clarify information on categories of commodities under 8-digit HS code banned from import.
2. Used parts, spare parts, part assemblies and accessories of products on the list are also banned from import.
3. This list may be supplemented and modified to suit the practical development of information technology and other provisions of law.
4. Renewed, embellished or remanufactured product must have a sign or label in Vietnamse (tân trang, tái sản xuất, làm mới, tái sử dụng) or in English (refurbished, remanufactured, renew, recycled, reused) on its package;
5. Case of import as prescribed in clause 1, Article 4 of this Circular, the following provisions must be complied:
a) Whole product after course of repair, renew or remanufacture must re-export. Scrap, waste arising in production course must be handled as prescribed by law on environment or re-export together with product;
b) Annually, organizations, individuals report quantity of import, re-export goods, inventory (in according to form in the Annex 02 of this Circular) and copy of export, import declaration to the Ministry of Information and Communications;
c) the Ministry of Information and Communications coordinates with relevant agencies to inspect periodically or suddenly during the course of implementation.
6. Case of import as prescribed in clause 8, Article 4 of this Circular, the following provisions must be complied:
b) Annually, organizations, individuals report quantity of imported, exported, distributed goods, inventory (in according to form in the Annex 03 of this Circular) and copy of export, import declaration to the Ministry of Information and Communications;
c) The Ministry of Information and Communications coordinates with relevant agencies to inspect periodically or suddenly during the course of implementation.
Article 4. Cases not subject to the import-banned product list
1. Those imported for provision of repair, renewal and remanufacture services and re-export product after production.
2. Those imported for use as direct production means or specimens in designing, research and development (R&D) activities;
3. Those re-imported after being brought abroad for warranty, maintenance, repair or renewal.
4. Those imported in the form of movement of production means within the same agency or organization;
5. Import of used special-use information technology products, with special feature servicing for specific branches such as measurement, automatic, medicine equipment, biology and other branches, and having time limit from day of manufacture to day of opening Customs declaration not exceeding 03 years.
6. Import for use as production means, control, operation, exploitation, inspection of activity of a part or entire of production system or production line.
7. Import of renewed, embellished or remanufactured information technology products for production under specific projects, provided the implementation of these projects can bring about socio-economic benefits or serve security or national defense.
8. Import of used and empty cartridge, after repair, renew, or remanufacture to supply, distribute in domestic market or re-export.
9. Import to service for other special purpose implements under guides for each specific case by the Ministry of Information and Communications
Chapter 3.
ORGANIZATION OF IMPLEMENTATION
Article 5. Effect
1. This Circular effects from September 01, 2012.
2. This Circular replaces the Circular No. 43/2009/TT-BTTTT of December 30, 2009 of The Minister of Information and Communications promulgating a list of used information technology products banned from import and previous guiding documents of the Ministry of Information and Communications which are contrary to this Circular.
3. Organizations, individuals violating provisions when conduct import of used import information technology products shall be sanctioned as prescribed by law on violations in export, import.
Article 6. Organization of implementation
1. Heads of agencies and units of the Ministry of Information and Communications, and agencies, organizations and individuals defined in Article 1 shall implement this Circular.
2. Any problems arising in the implementation of this Circular should be reported by concerned agencies, organizations and individuals to the Ministry of Information and Communications for timely settlement.
| THE MINISTER OF |
THE ANNEX 01
LIST OF USED INFORMATION TECHNOLOGY PRODUCTS BANNED FROM IMPORT
(promulgated together with the Circular No. 11/2012/TT-BTTTT of July 07, 2012 of the Minister of Information and Communications)
Code of commodity | Description of goods |
8443 | Printing machinery using such parts as plates, cylinders and printing parts of heading No. 8442; other printing machines, copying machines and facsimile machines, whether or not combined together; parts and spare parts thereof (except for printing machines, copying machines with printing or copying speed from 35 copies/minute or over) |
| - Other printing machines, copying machines and facsimile machines, whether or not combined together: |
8443.31 | - - Machines combined 02 or multiple functions of printing, copying or facsimile, capable of connecting with automatic data processing machines or connecting into networks: |
8443.31.10 | - - - Combined printing-copying machines, printing in Ink-jet technology |
8443.31.20 | - - - Combined printing-copying machines, printing in Laser technology |
8443.31.30 | - - - Combined printing-copying-facsimile machines |
8443.32 | - - Other, capable of connecting with automatic data processing machines or connecting into networks: |
8443.32.10 | - - - Dot matrix printers |
8443.32.20 | - - - Ink-jet printers |
8443.32.30 | - - - Laser printers |
8443.32.40 | - - - Facsimile machines |
8443.32.90 | - - - Other |
8443.39 | - - Other: |
8443.39.40 | - - - Ink-jet printers |
| - Parts and spare part: |
8443.99 | - Other: |
8443.99.20 | - - - Filled cartridges |
8469 | Typewriters other than printers of heading No. 8443; word-processing machines |
8469.00.10 | - Word-processing machines |
8469.00.90 | - Other |
8470 | Calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions, accounting machines; postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers |
8470.10.00 | - Electronic calculators capable of operation without an external source of electric power and pocket-size data recording, reproducing and displaying machines with calculating functions |
| - Other Electronic calculators: |
8470.21.00 | - - Incorporating a printing device |
8470.30.00 | - Other calculating machines |
84.71 | Automatic data processing machines and functional units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded forms and machines for processing such data, not elsewhere specified or included |
8471.30 | - Portable automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display: |
8471.30.10 | - - Palmtop computers, including mini computers and personal digital assistants (PDAs) |
8471.30.20 | - - Laptop computers, including also notebooks, subnotebooks, tablet PC |
8471.30.90 | - - Other |
| - - Other automatic data processing machines: |
8471.41 | - - Comprising in the same housing at least a central processing unit, and an input and output unit, whether or not combined together: |
8471.41.10 | - - - Personal computers other than laptop computers of subheading No. 8471.30 |
8471.41.90 | - - - Other: |
8471.49 | - - Others, presented in the form of system: |
8471.49.10 | - - - Personal computers other than pocket calculators of subheading No. 8471.30 |
8471.49.90 | - - Other: |
8471.50 | - Processing units, except those of subheading No. 8471.41 or 8471.49, whether or not containing in the same housing, or storage, input and/or output unit: |
8471.50.10 | - - Processing units for personal computers (other than laptop computers) |
8471.50.90 | - - Other: |
8471.60 | - Input or output units, whether or not containing storage units in the same housing: |
8471.60.30 | - - Computer keyboards |
8471.60.40 | - - X-Y coordinate input devices, including mouse, light pen, joystick, trackball and touch sensitive screens |
8471.70 | - Storage units: |
8471.70.10 | - - Floppy disk drives |
8471.70.20 | - - Hard disk drives |
8471.70.30 | - - Tape drives |
8471.70.40 | - - Optical disk drives, including CD-ROM drives, DVD drives and CD-R drives may recording |
8471.80 | - Other units of automatic data processing machines: |
8471.80.10 | - - Control units and adapter units |
8471.80.70 | - - Sound cards and video cards |
8471.90 | - Other: |
8471.90.20 | - - Optical character readers, document or image scanners |
8473 | Parts and spare parts (exclusive of housing, casing and all analogous types) use or essentially use with machines of Heading from No. 84.69 to No. 84.72 |
8473.10 | - Parts and spare parts of machines of Heading No. 84.69: |
8473.10.10 | - - Printed circuit assemblies for word-processing machine |
8473.10.90 | - - Other |
| - Parts and spare parts of machines of Heading No. 84.70: |
8473.21.00 | - - Of electronic calculating machines of subheading 8470.10.00, 8470.21.00 or 8470.29.00 |
8473.29.00 | - - Other |
8473.30 | - Parts and spare parts of machines of Heading No. 84.70: |
8473.30.10 | - - Assembled printed circuit boards |
8473.30.90 | - - Other |
8473.40 | - Parts and spare parts of machines of Heading No. 84.72: |
| - - For electrically operated machines: |
8473.40.11 | - - - Parts including printed circuit assemblies for automatic teller machines |
8473.40.19 | - - - Other |
8473.40.20 | - - For non-electrically operated machines |
8473.50 | - Parts and accessories equally suitable for use with machines of two or more of the headings 84.69 to 84.72: |
| - - For electrically operated machines: |
8473.50.11 | - - - Suitable for use of machines with heading 84.71 |
8473.50.19 | - - - Other |
8473.50.20 | - - For non-electrically operated machines |
85.17 | Telephone sets, including telephones for cellular networks or telephones for other wireless networks; other apparatuses for transmission and reception of sounds, images or other data, including telecommunications apparatus connected to line or wireless networks (local-area or wide-area networks), except transmitting and receiving apparatuses of heading No. 84.43, 85.25, 85.27 or 85.28 |
| - Telephone sets, including telephones for cellular networks or telephones for other wireless networks: |
8517.11.00 | - - Line telephone sets with cordless handsets |
8517.12.00 | - - Telephones for cellular networks or telephones for other wireless networks |
| - Other apparatuses for transmission and reception of sounds, images or data, including line or wireless communications apparatus (like those used in local-area or wide-area networks): |
8517.61.00 | - - Original transmission and reception stations |
8517.62 | - - Machines for reception, inversion and transmission or reproduction of sounds, images or other data, including switching apparatus and line-fixing apparatus: |
| - - - Parts of automatic data processing machines, except for those of heading No. 84.71: |
8517.62.21 | - - - - Controllers and adapters, including terminals, connectors and line-fixing apparatuses |
8517.62.30 | - - - Telephonic or telegraphic switching apparatus |
| - - - Apparatus for carrier-wave wireline systems or for digital wireline systems: |
8517.62.41 | - - - - Combined modulators-demodulators (modem), including those using cable connectors and insert cards |
8517.62.42 | - - - - Concentrators or multiplexers |
| - - - Other combined transmission-reception apparatuses: |
8517.62.51 | - - - - Wireless local-area network apparatus |
8517.62.53 | - - - - Other waveform transmission apparatus for radio-telegraphy or radio-telephony |
| - - - Other transmission apparatuses |
8517.62.61 | - - - - Used for telegraphy or telephony |
8517.69.00 | - - Other |
85.18 | Microphones and stands therefore; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio-frequency electric amplifiers; electric sound amplifier sets. |
8518.10 | - Microphones and stands therefore: |
| - - Microphones: |
8518.10.11 | - - - Microphones having a frequency range of 300 Hz to 3.4 kHz with a diameter of not exceeding 10 mm and a height not exceeding 3 mm, for telecommunication use |
8518.10.19 | - - - Other microphones, whether or not with their stands |
8518.10.90 | - - Other |
| - Loudspeakers, whether or not mounted in their enclosures: |
8518.21 | - - Single loudspeakers, mounted in their enclosures |
8518.21.10 | - - - Cabinet loudspeaker |
8518.21.90 | - - - Other |
8518.22 | - - Set of Loudspeakers mounted in the same enclosure |
8518.22.10 | - - - Box assembly speakers |
8518.22.90 | - - - Other |
8518.29 | - - Other: |
8518.29.20 | - - - Loudspeakers, without housing, having a frequency range of 300 Hz to 3.4 kHz with a diameter of not exceeding 50 mm, for telecommunication use |
8518.29.90 | - - - Other |
8518.30 | - Headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers: |
8518.30.10 | - - Headphones |
8518.30.20 | - - Earphones |
| - - Combined microphone / speaker sets: |
8518.30.40 | - - Combined sets (listen – speaker) for line telephone handsets |
8518.30.90 | - - Other |
8518.40 | - Audio-frequency electric amplifiers: |
8518.40.10 | - - Other, having 6 or more input signal lines, with or without elements for capacity amplifier |
8518.40.20 | - - Electric amplifiers when used as repeaters in line telephony products |
8518.40.30 | - - Audio frequency amplifiers used as repeaters in telephony other than line telephony |
8518.40.90 | - - Other |
8518.50 | - Electric sound amplifier sets: |
8518.50.10 | - Of an output of 240 W or more |
8518.50.20 | - - Other sound amplifier sets combined with loudspeaker line for broadcasting, having voltage of 50 V to 100 V |
8518.50.90 | - - Other |
8518.90 | - Parts: |
8518.90.10 | - - Parts including printed circuit assemblies of goods of subheading 8518.10.11, 8518.29.20, 8518.30.40 or 8518.40.20 |
8518.90.20 | - - Parts of goods of subheadings 8518.40.40 |
8518.90.90 | - - Other |
8525 | Transmission apparatus for radio-broadcasting or television, whether or not incorporating a reception apparatus or sound recording or reproducing apparatus; television cameras; digital cameras and still image video cameras |
8525.50.00 | - Transmission apparatus |
8525.60.00 | - Transmission apparatus incorporating a reception apparatus |
8525.80 | - Television cameras, digital cameras and still image video cameras: |
8525.80.10 | - - Webcam |
| - - Video cameras |
8525.80.31 | - - - Of types for broadcast |
8525.80.39 | - - - Other |
8525.80.40 | - - - Television Cameras |
8525.80.50 | - - Other Digital cameras |
85.26 | Radar apparatus, radio navigational aid apparatus and radio remote control apparatus. |
8526.10 | - Radar apparatus |
8526.10.10 | - - Radar apparatus, ground base, or of a kind for incorporation in civil aircraft, or of a kind used solely on sea-going vessels |
8526.10.90 | - - Other |
| - Other: |
8526.91 | - - Radio navigational aid apparatus: |
8526.91.10 | - - - Radio navigational aid apparatus, of a kind for used in civil aircraft, or of a kind used solely on sea-going vessels |
8526.91.90 | - - - Other |
8526.92.00 | - - Radio wave remote control apparatus |
85.27 | Reception apparatus for radio-wave-broadcasting, whether or not combined with sound recording or reproducing apparatus or a clock in the same housing. |
| Radio-broadcast receivers capable of operating without an external source of power: |
8527.12.00 | - - Pocket-size radio cassette-players |
8527.13 | - - Other apparatus combined with sound recording or reproducing apparatus: |
8527.13.10 | - - - Portable apparatus |
8527.13.90 | - - - Other |
8527.19 | - - Other: |
| - - - Reception apparatus capable of planning, managing, and monitoring of electromagnetic spectrum |
8527.19.11 | - - - - Portable apparatus |
8527.19.19 | - - - - Other |
| - - - Other |
8527.19.91 | - - - - Portable apparatus |
8527.19.99 | - - - - Other |
| - Radio-broadcast receivers capable of operating only with an external source of power, of a kind used in motor vehicles: |
8527.21.00 | - - Types combined with sound recording or reproducing apparatus |
8527.29.00 | - - Other |
| - Other: |
8527.91 | - - Types combined with sound recording or reproducing apparatus |
8527.91.10 | - - - Portable types |
8527.91.90 | - - - Other |
8527.92 | - - Not combined with sound recording or reproducing apparatus but combined with a clock: |
8527.92.10 | - - - Portable types |
8527.92.90 | - - - Other |
8527.99 | - - Other |
8527.99.10 | - - - Portable types |
| - - - Other |
8528 | Video monitors and projectors, not incorporating a reception apparatus for use in television; reception apparatus for television, whether or not incorporating a radio-broadcast receivers or sound or video recording or reproducing apparatus |
| - Video monitors using cathode ray tube: |
8528.41 | - - Used only or mainly for data processing systems of heading No. 84.71: |
8528.41.10 | - - - Color |
8528.41.20 | - - - Monochrome |
8528.49 | - - Other: |
8528.49.10 | - - - Color |
8528.49.20 | - - - Monochrome |
| - Other video monitors: |
8528.51 | - - Used only or mainly for data processing systems of heading No. 84.71: |
8528.51.10 | - - - Flat panel display of overhead projection type |
8528.51.20 | - - - Other, color |
8528.51.30 | - - - Other, monochrome |
8528.59 | - - Other: |
8528.59.10 | - - - Color |
8528.59.20 | - - - Monochrome |
| - Projectors |
8528.61 | - - Used only or mainly for data processing system of Heading 84.17: |
8528.61.10 | - - - Flat panel display |
8528.61.90 | - - - Other |
8528.69 | - - Other: |
8528.69.10 | - - - Having capacity for projecting on screens of 300 inches or more |
| - Reception apparatus for television, whether or not incorporating a radio-broadcast receiver or sound or video recording or reproducing apparatus: |
8528.71 | - - Designed not to incorporate a video display apparatus or screen: |
| - - - Signal converter (Set-top boxes which have a communications function): |
8528.71.11 | - - - - Electricity- powered |
8528.71.19 | - - - - Other |
| - - - Other: |
8528.71.91 | - - - - Operation by alternating current |
8528.71.99 | - - - - Other |
8528.72 | - - Other, color: |
8528.72.10 | - - - Cell-powered |
| - - - Other: |
8528.72.91 | - - - - using cathode ray tube |
8528.72.92 | - - - - LCD, LED and other flat panel display |
8528.72.99 | - - - - Other |
8528.73.00 | - - Other, Monochrome |
85.34 | Printed circuits. |
8534.00.10 | - Single-sided |
8534.00.20 | - Double-sided |
8534.00.30 | - Multi-layer |
8534.00.90 | - Other |
85.40 | Thermionic, cold cathode or photo-cathode valves and tubes (for example, vacuum or vapour or gas filled valves and tubes, mercury arc rectifying valves and tubes, cathode-ray tubes, television camera tubes). |
| - Cathode-ray television picture tubes, including video monitor cathode-ray tubes: |
8540.11.00 | - - Color |
8540.12.00 | - - Monochrome |
8540.20.00 | Television camera tubes; image converters and intensifiers; other photo-cathode tubes: |
8540.40 | - Data/graphic display tubes, color, with a phosphor dot screen pitch smaller than 0.4 mm: |
8540.40.10 | - - Data/graphic display tubes, color, use with articles of heading 85.25 |
8540.40.90 | - - Other |
8540.60.00 | - Other cathode-ray tubes |
| - Ultra-short-wave tubes or microwave tubes ( for example, magnetrons, klystrons, traveling wave tubes, carcinotrons), excluding grid-controlled tubes; |
8540.71.00 | - - Magnetrons |
8540.79.00 | - - Other |
| - Other valves and tubes: |
8540.81.00 | - - Valves or tubes of Receivers or amplifier |
8540.89.00 | - - Other |
| - Parts: |
8540.91.00 | - - Of cathode-ray tubes |
8540.99 | - - Other: |
8540.99.10 | - - - Of microwave tubes |
8540.99.90 | - - - Other |
85.42 | Electronic integrated circuits. |
| - Electronic integrated circuits: |
8542.31.00 | - - Processing units and controlling units combined or not combined with memory, converter, logic circuits, amplifier, clock and timing circuits and other circuits |
8542.32.00 | - - Memory card |
8542.33.00 | - - Amplifier |
8542.39.00 | - - Other |
8542.90.00 | - Part |
85.44 | Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors. Optical-fiber cables made of separately insulated fibers, whether or not fitted with electric conductors or connectors |
| - Other electric conductors, for a voltage not exceeding 1,000 V: |
8544.42 | - - Fitted with connectors: |
| - - - For telecommunications and a voltage not exceeding 80 V: |
8544.42.11 | - - - - Undersea telephone, telegraph, radio relay cables |
8544.42.19 | - - - - Other: |
8544.42.21 | - - - - Undersea telephone, telegraph, radio relay cables |
8544.42.22 | - - - - Telephone, telegraph, radio relay cables of other types |
8544.49 | - - Other: |
| - - - For telecommunications and a voltage exceeding 80 V: |
8544.49.11 | - - - - Undersea telephone, telegraph, radio relay cables |
8544.49.19 | - - - - Other: |
| - - - For telecommunications and a voltage exceeding 80 V but not exceeding 1.000 V: |
8544.49.31 | - - - - Undersea telephone, telegraph, radio relay station cables |
8544.49.39 | - - - - Other |
8544.70 | - Optical fibre cables: |
8544.70.10 | - - Telephone, telegraph and radio relay cables, submarine |
* Note: Laptop computers, tablet computer, smart phone, and monitor, IP video receiver, Led/Oled have time limit from day of manufacture to day of opening Customs declaration not exceeding 01 year.
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