Alexander C Feldman
President & CEO
US-ASEAN Business Council
1101 17th Street, NW
Suite 411
Washington, DC 20036
Tel 202-416-6713
Fax 202-289-0519
afeldman@usasean.org
June 29, 2015
His Excellency Vu Huy Hoang
Minister
Ministry of Industry and Trade
54 Hai Ba Trung Street
Hanoi, Vietnam
Dear Minister Hoang,
We are writing to seek clarification and discuss potential improvements to the “same serial number rule”
on re-importation of products that had been temporarily exported. We would like to discuss possibilities
of expanding the rule to allow business and consumers to have full ability to replace equipment for
damaged products. We were advised to contact the Ministry of Industry and Trade to discuss these
interests and recommendations during a recent meeting with the General Department of Vietnam
Customs.
Article 29 of the Commercial Law of 2006 (No. 36/2005/QH11) and Article 13 of the Implementing
Decree (No. 187/2013/ND-CP) allow for the re-importation of used consumer items that had been
temporarily exported for repair, stating that the re-imported items must be the “same goods.” Our
understanding is that this rule has been enforced through requiring that the re-imported product have the
same serial number as the good that was originally exported for repair. We would like to request that
MOIT consider classifying an identical replacement device (with a different serial number) as
effectively the same good, per the language of Commercial Law Article 29. For example, if a damaged
or faulty unit is temporarily exported for repairs, could a business import a properly refurbished unit to
replace the damaged original unit? Our understanding is that MOIT’s current interpretation of Article 29
would not allow this action.
Fulfilling warranties by replacing damaged products with identical quality-certified refurbished products
is an industry standard best-practice and is allowed by other import regimes, including those of
Vietnam’s ASEAN partners. The system allows for faster fulfillment of customer needs and reduces
expenses by companies trying to fulfill their warranty obligations. Restricting re-importation strictly to
the original item harms Vietnamese consumers, who would have to wait for the defective product to be
repaired, after the defective product is turned in to the manufacturer (or its appointed agent). If a
defective products is not reparable, the rule greatly increases the costs of replacement. Additionally, we
are concerned that this rule may interfere with the Vietnam People's Armed Forces’ ability to quickly
replace faulty equipment. Defense equipment manufacturers follow a practice of quickly repairing
equipment by maintain a rotating pool of refurbished components. In some situations, the “same serial
number rule” may prevent these components from being replaced.
Alexander C Feldman
President & CEO
US-ASEAN Business Council
1101 17th Street, NW
Suite 411
Washington, DC 20036
Tel 202-416-6713
Fax 202-289-0519
afeldman@usasean.org
We are confident that rules can be designed that ensure these re-imports do not conflict with MOIT’s
efforts to prevent the dumping of electronic waste. Refurbished replacement devices meet standard
quality control rules and are backed by the same warranties as the device that was originally purchased.
If necessary, companies may be able provide guarantees to Vietnam Customs that the refurbished
product will only be used as a replacement and will not be resold or left as waste.
Thank you for taking the time to review our questions and recommendations. We welcome any
opportunity to discuss this issue with the relevant offices at the Ministry so that we may seek a solution
that can better serve the interests of consumers and businesses in Vietnam. Vu Tu Thanh, the Council’s
Deputy Regional Managing Director and Vietnam Representative, will be happy to work with your staff
to facilitate further discussion of the issue. He may be contacted by email at tvu@usasean.org or by
phone at 4-3930-6404.
Sincerely,
Alexander C. Feldman
President & CEO
US-ASEAN Business Council
cc:
H.E. Pham Quang Vinh, Ambassador of Vietnam to the United States
The Honorable Ted Osius, U.S. Ambassador to Vietnam