Many Chinese-invested enterprises wish to bring used machinery from China into Vietnam to equip their factories. The core distinction they must grasp: China is not in the G7/South Korea group, so machinery manufactured in China must carry an independent inspection certificate — a manufacturer confirmation letter, acceptable for G7/South Korean goods, will not do. This article summarizes the import conditions specific to used machinery from China, under the current legal framework as of 14 October 2026.
1. Applicable legal framework
- Decision 18/2019/QD-TTg (as amended by Decision 28/2022/QD-TTg and Decision 02/2026/QD-TTg) — the framework for importing used machinery, equipment and technological lines;
- Decree 292/2026/ND-CP (effective 5 September 2026, replacing Decree 69/2018/ND-CP) — the list of prohibited imports.
Circular 23/2015/TT-BKHCN expired on 15 June 2019 and Decree 69/2018 has been replaced — do not cite them.
2. Condition 1: Equipment age of no more than 10 years
The equipment age (from year of manufacture to year of import) must not exceed 10 years. For certain sectors listed in Appendix I of Decision 18/2019 (as amended), the threshold may be 15 or 20 years — enterprises must check the exact Appendix applicable to their sector.
3. Condition 2: Meeting technical standards
Used machinery and equipment must meet the national technical regulations (QCVN) on safety, energy efficiency and environmental protection; where no corresponding QCVN exists, they must meet Vietnamese national standards (TCVN) or the standards of G7 countries and South Korea on these matters.
4. THE KEY POINT: China-made machinery requires a mandatory independent inspection certificate
This is the decisive distinction: Decision 18/2019 allows used machinery manufactured in G7 countries and South Korea to use a manufacturer confirmation letter in place of an inspection certificate in certain cases. China is not in this group, so:
- Used machinery, equipment and technological lines manufactured in China must carry an inspection certificate from a designated inspection body;
- A confirmation letter from the Chinese manufacturer cannot substitute for the certificate.
Enterprises should contact the inspection body before signing the purchase contract to agree on scope and timing — to avoid discovering at the port that the certificate is missing or invalid.
5. Validity of the inspection certificate
An inspection certificate is valid for:
- 6 months for machinery and equipment;
- 18 months for technological lines;
counted until the goods arrive at a Vietnamese port. Enterprises must schedule shipment so the certificate remains valid on arrival — an expired certificate means the import conditions are not met for customs clearance.
6. Import only for direct production use
Used machinery, equipment and technological lines may only be imported to directly serve the importing enterprise’s own production in Vietnam. Importing for resale or transfer is prohibited. Bringing in used machinery and then selling it to another entity violates the import conditions.
7. Special case: over-age equipment with at least 85% remaining capacity
Under Article 9 of Decision 18/2019 (as amended by Decision 02/2026), where used machinery exceeds the age limit but its remaining capacity (or efficiency) reaches 85% or more of design capacity, the enterprise may request the Ministry of Science and Technology to consider permitting the import. This is an exceptional mechanism, not an automatic right — full supporting dossiers are required.
8. C/O Form E: tariff preferences under ACFTA
Machinery imported from China may enjoy tariff preferences under the ASEAN–China Trade in Goods Agreement (ACFTA) with a valid Certificate of Origin Form E. Enterprises should require the Chinese exporter to provide a compliant Form E and check the current preferential import tariff schedule — do not rely on remembered rates from prior years, as tariff schedules are updated periodically.
9. How to verify designated inspection bodies
Enterprises should not rely on word-of-mouth lists of inspection bodies. The correct approach: check the list of inspection bodies designated/recognized by the Ministry of Science and Technology published on the Ministry’s portal and in current official announcements — use only bodies whose designation is still valid at the time of inspection.
Frequently asked questions
China-made machinery, 8 years old, with a manufacturer confirmation letter — can it be imported?
Not yet sufficient. China-made machinery must have an independent inspection certificate; the manufacturer letter cannot substitute for it.
The certificate has 2 months of validity left; the goods will arrive in 3 months — is that a problem?
Yes. The certificate must be valid when the goods arrive at the Vietnamese port — reschedule or re-inspect.
Can used machinery be imported and then resold to another company in the industrial park?
No. Used machinery may only be imported to directly serve the importing enterprise’s own production.
12-year-old machinery in excellent condition — can it be imported?
Possibly under the Article 9 exception (after Decision 02/2026): if remaining capacity is 85% or more, request the Ministry of Science and Technology to consider — not automatically permitted.
Sources
- Decision 18/2019/QD-TTg (amended by Decision 28/2022/QD-TTg, Decision 02/2026/QD-TTg): equipment age of 10 years or less (15/20 years for certain sectors per Appendix I); technical standards; inspection certificates; Article 9 (special cases);
- Decree 292/2026/ND-CP — effective 5 September 2026 (replacing Decree 69/2018/ND-CP): prohibited import list;
- ACFTA: Certificate of Origin Form E.
For reference only; not legal advice. This content was prepared by AI and will undergo quality review by the AI Legal Council of FLAT Law Firm before any publication consideration; it is not the legal opinion of a licensed human lawyer. Laws and regulations may change; verify the current legal texts before applying them.
Does your enterprise need advice on importing used machinery from China? Contact FLAT Law Firm for advice.