Question: Our foreign company from Japan intends to setting up a smart phone refurbish center in Da Nang City and need your assist for some advice.
We are aware that import & selling of used mobile phone in Vietnam is restricted by the Vietnam government but we getting info that if we manage getting the “Export Processing Enterprise License”(EPE), we are able to import the used mobile phones into Vietnam for valued added service then fully export out the mobile phones from Vietnam.
Can you let us know with the EPE license, are the used mobile phones is allow to import into Vietnam & is there any industrial park which is nearby Da Nang City & Airport.
Answer: I am Lawyer of SB Law. I was entrusted to provide you legal advice regarding to your request.
Firstly, we acknowledge that your understanding is correct. Under the Circular No. 31/2015/TT-BTTTT, enterprise is allowed to import used mobile phone for processing if it satisfies following conditions:
– Being duly established under Vietnam Law;
– Having plan for treating pollution caused by the processing work and such plan must be approved by Provincial Department of Natural Resource and Environment;
– Processed products must be exported 100%;
– Being licensed for processing used smart phone by the Ministry of Information and Communication.
We would like to note that, processing used smart phone is not classified as an industry. Then, in your first license, i.e. Investment Certificate and Certificate of Business Registration, you can only register for processing mobile phone or information products. Please note that, with these licenses, you are not guaranteed the ability for processing used smartphone.
You can be permitted for processing used smartphone only after setting up the company and obtaining approval from Department of Natural Resource and Environment and License from Ministry of Information and Communication. The possibility of this shall very much depend on your explanation regarding to pollution treatment system, technology, productivity of your business activities etc.
