Decree 32/2023/NĐ-CP Amending and Supplementing Decree No. 53/2018/NĐ-CP

On June 9, 2023, the Government issued Decree 32/2023/NĐ-CP amending and supplementing Decree 53/2018/NĐ-CP, which amended and supplemented the Government’s Decree 58/2016/NĐ-CP, providing detailed regulations on the business of civil cryptography products and services and the export and import of civil cryptography products. This Decree takes effect from the date of its signing and promulgation.

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DECREE

AMENDING AND SUPPLEMENTING DECREE NO. 53/2018/NĐ-CP DATED APRIL 16, 2018, OF THE GOVERNMENT AMENDING AND SUPPLEMENTING DECREE NO. 58/2016/NĐ-CP DATED JULY 01, 2016, OF THE GOVERNMENT PROVIDING DETAILED REGULATIONS ON THE BUSINESS OF CIVIL CRYPTOGRAPHY PRODUCTS AND SERVICES AND THE EXPORT AND IMPORT OF CIVIL CRYPTOGRAPHY PRODUCTS

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law amending and supplementing several articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Law on Network Information Security dated November 19, 2015;

At the proposal of the Minister of National Defense;

The Government hereby promulgates the Decree amending and supplementing Decree 53/2018/NĐ-CP dated April 16, 2018, which amended and supplemented Decree No. 58/2016/NĐ-CP dated July 01, 2016, providing detailed regulations on the business of civil cryptography products and services and the export and import of civil cryptography products.

Article 1. Amending and supplementing Decree No. 53/2018/NĐ-CP dated April 16, 2018, of the Government amending and supplementing Decree No. 58/2016/NĐ-CP dated July 01, 2016, of the Government providing detailed regulations on the business of civil cryptography products and services and the export and import of civil cryptography products

Replace Appendix II — List of civil cryptography products for export and import under license in Decree 53/2018/NĐ-CP dated April 16, 2018, of the Government with the Appendix — List of civil cryptography products for export and import under license attached to Decree 32/2023/NĐ-CP.

Article 2. Effect for Implementation

1. Decree 32/2023/NĐ-CP takes effect from the date of its signing and promulgation.

2. Licenses for the export and import of civil cryptography products already granted to enterprises before the effective date of this Decree shall continue to be valid for performing customs procedures according to the term stated on the License, provided that the product name is consistent with the commodity description in the List of Vietnam’s Export and Import Commodities.

The Customs authority shall rely on the List of Vietnam’s Export and Import Commodities, the granted export/import license, and the actual export/import goods to determine the HS code and handle customs clearance procedures for the enterprise in accordance with regulations.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairmen of the People’s Committees of provinces and centrally-run cities, and relevant organizations and individuals are responsible for implementing Decree 32/2023/NĐ-CP./.

APPENDIX: LIST OF CIVIL CRYPTOGRAPHY PRODUCTS FOR EXPORT AND IMPORT UNDER LICENSE (Attached to Decree 32/2023/NĐ-CP dated June 9, 2023, of the Government)

84.43 – Printing machinery used for printing by means of plates, cylinders and other printing components of heading 84.42; other printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof.
84.71 – Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included.
85.17 – Telephone sets, including smartphones and other telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including telecommunication apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 84.43, 85.25, 85.27 or 85.28.
85.23 – Discs, tapes, solid-state non-volatile storage devices, “smart cards” and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37.
85.25 – Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders.
85.26 – Radar apparatus, radio navigational aid apparatus and radio remote control apparatus.
85.28 – Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus.
85.29 – Parts suitable for use solely or principally with the apparatus of headings 85.24 to 85.28.
85.42 – Electronic integrated circuits.
85.43 – Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this Chapter.