Why do enterprises want to import used machinery?
Used machinery and equipment cost significantly less than new machines, helping enterprises – especially FDI companies expanding production – save on initial investment. However, Vietnam does not allow free import of second-hand machines: goods must simultaneously satisfy a series of technical conditions and strict inspection procedures. Importing non-compliant machines can lead to customs refusal, administrative fines, or even forced re-export or destruction.
Import conditions: four groups of criteria under Article 6 of Decision 18/2019/QD-TTg
The governing regulation is Decision 18/2019/QD-TTg (effective from 15 June 2019, still in force; amended by Decision 28/2022/QD-TTg and Decision 02/2026/QD-TTg amending Article 9). Used machinery, equipment, and technological lines may only be imported when simultaneously meeting the Article 6 criteria:
- Equipment age: no more than 10 years from the year of manufacture. Certain sectors listed in Appendix I are extended to 15 or 20 years;
- Technical standards: manufactured in conformity with national technical regulations (QCVN) on safety, energy efficiency, and environmental protection; where no QCVN exists, Vietnamese national standards (TCVN) or the national standards of G7 countries or South Korea apply;
- Purpose of use: exclusively for direct production activities in Vietnam – importing used machines for pure commercial trading is not allowed;
- Technological lines: remaining capacity and efficiency of at least 85% of design capacity/efficiency; raw material and energy consumption not exceeding 15% above design levels.
Trap to avoid: “any used machine can be imported” is wrong. Missing any one group of conditions disqualifies the shipment from customs clearance.
Mandatory inspection certificate and the 06/18-month validity
Under Articles 7, 10, and 11 of Decision 18/2019, imported used machinery must carry an inspection certificate issued by a designated inspection body. The most commonly overlooked point is the certificate validity period:
- 06 months for machinery and equipment;
- 18 months for technological lines,
counted from issuance until the goods arrive at a Vietnamese border gate. Enterprises must align logistics schedules (ordering, shipping, procedures) with the certificate validity – an expired certificate means re-inspection, extra cost, and delays.
Exception mechanism for over-age machines: Article 9 (amended by Decision 02/2026)
An enterprise manufacturing in Vietnam that needs to import machinery exceeding the Article 6 age limit – but with remaining capacity/efficiency of at least 85% and consumption not exceeding 15% above design – may submit a dossier requesting the Ministry of Science and Technology to consider the case individually. This is an exception “door”, not an automatic right; the technical dossier must be convincing.
Risks of importing non-compliant machinery
- Customs refusal: customs will not clear shipments that fail the criteria;
- Administrative fines under Decree 169/2026/ND-CP (effective 01/07/2026, replacing Decree 128/2020) on customs violations. Note: specific fine amounts per violation should be checked against the decree text; this article states no absolute figures without such verification;
- Forced re-export or destruction of violating goods.
Background legal framework: Decree 292/2026/ND-CP (effective 05/09/2026) details the Foreign Trade Management Law 05/2017/QH14 and has replaced Decree 69/2018 – enterprises should not cite Decree 69/2018 or Decree 128/2020 as current authority.
Also distinguish: used consumer goods are banned from import under the Foreign Trade Management Law – entirely different from used machinery imported conditionally for production.
Checklist before signing a used-machinery purchase contract
- Check the year of manufacture: is the machine within the 10-year limit (or 15/20 years under Appendix I)?
- Identify applicable standards: QCVN, TCVN, or G7/South Korean standards?
- Confirm purpose: will the machine directly serve production in Vietnam?
- For technological lines: verify remaining capacity of at least 85% and consumption within 15%;
- Schedule inspection and logistics to fit the 06/18-month certificate validity;
- If the machine is over-age but still sound: prepare a dossier for the Ministry of Science and Technology under Article 9.
Disclaimer: This article is for general legal information only and does not constitute legal advice for any specific case. Laws and regulations may be amended; readers should consult a lawyer before acting. Reviewed by FLAW AI Legal Council.
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