Vietnam: Remanufactured goods from CPTPP countries to be accepted for importation into Vietnam from 1 January 2024

In brief

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force for Vietnam on 14 January 2019. 

Under the original CPTPP commitment, Vietnam is allowed to prohibit or restrict the importation of remanufactured goods for three years after the date of entry into force of this agreement.

Decree No. 77/2023/ND-CP, issued on 2 November 2023, will implement this commitment on 1 January 2024 ("Decree No. 77").


Key takeaways 

  • Decree No. 77 shall only apply to eligible goods originating from CPTPP countries, including Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.
  • Manufacturers/brand owners are required to apply for a remanufacture code with the Ministry of Industry and Trade (MOIT).
  • Importers are required to apply for an import permit.

In depth 

Manufacturer/brand owner's compliance requirements

This is the first step for remanufactured goods to be imported into Vietnam. In particular, the manufacturer/brand owner is required to apply for a remanufacture code with the MOIT by submitting an application dossier with the MOIT. The application dossier includes, among others, a number of explanations on remanufacturing capacity, compliance with the CTPPP Rules of Origin, and warranty commitment. 

The regulatory timeline for application for the Remanufacture Code is 90 days from receipt of the full and complete application dossier if the remanufactured goods are under the management of the MOIT. If the remanufactured goods are under the management of ministries other than the MOIT, an additional 14 working days shall be added to the aforementioned 90-day period. 

On-site inspection may also apply at the discretion of the authorities.

The remanufacture code is valid for up to five years.

 

Importer's compliance requirements

The importer is required to apply for an import permit to import the remanufactured goods from a manufacturer/brand owner that has already secured the remanufacture code.

Depending on the product type, the importer shall submit the application for the import permit to the relevant authorities (e.g., import permit application for IT products is submitted to the Ministry of Information and Communication).

The import permit consists of the following:

  • Import permit for shipment
  • Import permit for a specified time period

Import permits for shipments shall apply to the first three shipments. Import permits for a specified time period shall apply from the fourth shipment onwards. 

The regulatory timeline for the import permit issuance is 15 working days from receipt of the full and complete application. 
The validity period of the import permit for a specified time period is determined by the issuing authority, but is not less than 12 months.

 

Product compliance requirements

Remanufactured goods to be imported into Vietnam must secure a relevant Certificate of Origin and meet technical requirements applicable to brand new products, if any.

The full Vietnamese text of the Decre No. 77 can be found here.

 

Contact Information
Thanh Vinh Nguyen
Partner at BakerMcKenzie
Ho Chi Minh City
Read my Bio
thanhvinh.nguyen@bakermckenzie.com

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