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Market access requirements for exporting server to Vietnam

AuthorTrần Thanh Phương

Market access requirements for exporting server to Vietnam according to latest regulations of authorities. If there is any special license or permit required to export storage server to Vietnam?

EXTENDMAX - Server computers are very popular information technology equipment, often used in businesses, data centers, or government agencies. The number of server computers with brands such as Dell EMC PowerEdge, HPE, Asus, Fujitsu, Lenovo ThinkSystem, Supermicro... importing into Vietnam every year with large quantity. So is there any special market access requirements for exporting server to Vietnam? How much is the server import tax? What procedures does the server import process include? Is the server export procedure different from the import procedure? Do you need need a specialized license for importing and exporting servers? Civil cryptography license or a cybersecurity license? All of the above questions will be guided and answered by ExtendMax in this article.

1. What is a server computer?

A server is a computer connected an enterprise's local network, or internet, which has higher processing capacity than a normal computer. On the server, people install software to serve other client computers to access to request services and resources (data). In other words, a server is also a computer, but designed with more advanced features, data storage and processing capacity is also much larger than ordinary computers. It is used for data storage and processing needs in an internal computer network of an organization, enterprise or on the Internet environment. The server is the base of all services on the Internet, any service on the internet such as websites, applications, games, etc., to operate, must also go through a certain server.

2. Vietnam HS code of the server? Server import tax?

Servers are classified in Chapter 84, group "other automatic data processing machines" with HS code 84714990 (refer)

Tax and duty rates applied to server with HS code 84714990 imported into Vietnam are as follows:

  • VAT 10%
  • Normal import tax 5%
  • Preferential import tax 0%

You may need to know: a complete set of shipping documents for Vietnam

3. What kind of server do you need to apply for a specialized license?

The server's HS code 84714990 is listed under Vietnam QCVN regulations on Restriction of Hazardous Substances (RoHS) for electric and electronic products. The server shall need CR RoHS type approval from 01/01/2026

The server's HS code 84714990 is also listed in the list of civil cryptographic products imported and exported under license and the list of cybersecurity products imported and exported under license. So do you have to apply for a civil cryptographic license or a network information security license to import and export? Our answer is up to the specification of the import-export server to determine. There are many ways to distinguish the server server, in this article we will classify the server by the product's technical characteristics and application in the way of ExtendMax so that it is easier for you to initially identify the server that belongs to the server. whether or not to apply for a professional license. Server servers can be classified into the following groups:

a. Servers for use in small businesses and small organizations

The servers in this group often have a higher configuration than normal computers but not much, have a moderate price in the range of USD 500 ~ 2000, suitable for use in organizations or small and medium enterprises with a large number of users. The number of clients is about 20 machines. Good examples of servers of this type are the Supermicro, Dell EMC PowerEdge T series, HPE ProLiant servers. Sometimes workstations (WorkStation) are also mistakenly referred to as servers or used as servers, then you can also include workstations in this group.

Because there are not many security features, servers in this group usually (99%) do not need to apply for a specialized license, do not have to apply for an import-export license.

Market access requirement for exporting cheap server to Vietnam

b. Data processing servers used in medium-sized businesses

The servers in this group have the main function of processing data, with security features using cryptographic techniques, but for simple applications or just to secure login credentials. The servers in this group are usually priced at USD 1000 ~ USD 3000, have a physical shape in the form of a blade (edge), can be assembled multiple blades together to form a rack server (rackmount server) and have separate source block. Typical examples for servers in this group are the Dell EMC PowerEdge R series, HPE ProLiant DL series, Fujitsu PRIMERGY RX series...

Servers of this type typically use the Trusted Platform Module (TPM) cryptographic technique to generate, store, and limit the use of cryptographic keys, or to authenticate the platform device using its unique RSA key. TPM, written to it. TPM is mainly used to prevent unauthorized login to the device without proper permission. TPM can be integrated in the computer's chip (TPM chip) or integrated in popular operating systems such as Window 10, Window 11, Window Server. Since TPM is primarily intended to prevent unauthorized logins to devices, servers using this encryption technique are not considered products subject to government regulation, not subject to license import and export.

Market access requirement for exporting rack server to Vietnam

c. Dedicated server for data storage or dedicated storage device

Servers of this type have the main function of storing data, which can be called with many different names such as Storage Server, NAS (Network-Attached Storage) server, storage device, Direct-Attached Storage, SAN (Storage Area Networking)... Storage servers can typically use different types of hard drives including conventional hard drives and self-encrypted hard drives. .

The normal type of hosting server will not be subject to a specialized license, the import procedure is nothing special. The type of server that uses self-encrypting drives (SED) to protect stored data will more complicated market access requirements, need to be carefully evaluated and apply for the necessary import permits according to regulations. under the law.

Market access requirement for exporting storage server to Vietnam

d. Common types of server servers are classified differently

In addition to the types of server servers we have listed and analyzed above, there are still many types of servers that are classified in other ways such as Cloud server, Virtual Private Server (VPS), web servers, FTP server.... In case the customer is about to import these servers and need to determine the type of specialized license required for import and export, please send us the product's technical documentation for support.

4. What license is required to import a server with self-encrypting drives SED?

According to the cyberinformation security law, there are two types of import licenses applicable to cyberinformation security products, including:

a. License to import network information security products

The network information security license is granted by the Ministry of Information and Communications based on Circular 10/2022/TT-BTTTTT for the following types of products:

1. Network information security testing and assessment products are hardware and software devices with the following basic functions: Scanning, testing, analyzing configuration, status, and log data of information system; detect vulnerabilities and weaknesses; make an information security risk assessment.

2. Network information security monitoring products are hardware and software devices with the following basic functions: Monitoring and analyzing log data in real time; detect and issue a warning event of an unusual event, potentially causing information insecurity

3. Anti-attack and anti-intrusion products are hardware and software devices that have the basic function of preventing attacks and infiltration of information systems.

Servers with HS code in group 84714990 are listed in Circular No. 13/2018/TT-BTTTT but have main functions that do not include one of the above 3 types of functions, so the server server is not a secure product. secure network information, do not have to apply for a network information security license

b. License to import civil cryptographic products

Servers with HS code in group 84714990 listed in Appendix 2 of Decree 53/2018/ND-CP belong to the group of products that must apply for a license to import civil cryptographic products. Therefore, for servers or storage server devices that have the function of self-encrypting hard drives, importer must apply for a license to import civil cryptographic products to carry out import procedures.

5.  Documents and procedures for applying for civil cryptography license for the server

As mentioned above, in case the importer imports to trade in servers with civil cryptographic function, the importer needs to apply for a license to trade civil cryptographic items according to regulations. Please see more instructions on the cryptographic product trading license application process, requirements in the following articles:

Instructions for applying for a civil cryptographic items trading license

In-depth Q&A about civil cryptographic product trading license and import license

6. Do you have to apply for other kind of license or certificate for server?

Before July 1, 2018, the server belongs to the list of group 2 goods managed by the Ministry of Information and Communications, importer had to apply for Declaration of Conformity process for server according to the regulations of the Ministry of Information and Communications. However, from July 1, 2018, the server server is no longer required to undergo state quality inspection procedures  and is no longer need declaration of conformity process.

Another note: The server belongs to the list of used information technology products banned from import. Importer are only allowed to import 100% brand-new servers.

7. How can ExtendMax help you in market access requirement for server?

With many years of experience in applying for trading licenses and import and export permit of civil cryptographic products for many businesses, we can assist you:

→ Assess the technical characteristics of the product, determine whether the exporting servers are required to apply for a civil cryptographic items trading license or not.

→ In case the assessed server is not a civil cryptographic product, ExtendMax advises and supports customers to obtain a formal letter that confirm the product is not a civil cryptographic product (CCP Exemption Letter) issued by the National Agency of Cryptography and Information Security (NACIS) issued to ensure smooth and fast customs clearance

→ Preliminary assessment of the current conditions of the importer and compare to the conditions for CCP licensing, advising the enterprise on remedial measures in case the importer has not yet met the conditions

→ Receive information from customer, advise and support customer to prepare CCP application documents including technical plans, business plans, security plans and other documents in the fastest time as required request of the authorities

→ Representing customer in carrying out testing and certification procedures for civil cryptography product Type Approval certificate for servers

→ Consulting and supporting other legal procedures related to server import procedures such as applying for other licenses (if any)

→ In case the customers need to import or export servers urgently, or receive goods without payment from parent companies or foreign partners, ExtendMax is capable and qualified to provide Importer of record (IOR) and Exporter of Record (EOR) services for encryption products.

→ In case customers need to buy specific servers that are not available in the country, ExtendMax provides trading services of buying and selling civil cryptographic products

8. Contact information for consulting market access requirement for server

EXTENDMAX VIETNAM COMPANY LIMITED

Hotline: 0915 836 555 | Hanoi: 024 6666 3066

Email: consultant@extendmax.vn | phuong.tran@extendmax.vn

HO: ExtendMax Villa, C01-L18 An Vuong, Duong Noi urban area, Duong Noi ward, Ha Dong district, Hanoi City, Vietnam

Test laboratory: BT02-21, An Hung urban area, To Huu street, La Khe ward, Ha Dong district, Hanoi City, Vietnam

 

If you find our article useful and valuable in practice applications, please support us by rating it, leaving your comment at the bottom of this article, and sharing it with your colleagues or the indutry. Your review will be a great motivation for us to write more detailed and valuable procedural guides for importing, exporting organizations.

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9. Preview of Civil Cryptographic Items Trading license for server

Civil Cryptographic items trading license for server

 

Tran Thanh Phuong
I am Tran Thanh Phuong, a jurist specializing in Product Quality Law, Cyber Information Security Law, Customs Law, Foreign Trade Management Law, and Commercial Law. I am a consultant trusted by the world's leading technology corporations in the field of consulting on legal regulations and market access requirements for importing information technology products into Vietnam
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        EXTENDMAX VIETNAM COMPANY LIMITED

        Tax Code: 0106943741

        Email: consultant@extendmax.vn

        Hot line: +84 915 836 555 | Hanoi: +84 24 6666 3066

        Consulting CCP License: +84 915 836 555

        Reg. Add:P903, 9F, Tower A, Sky City Tower Complex, 88 Lang Ha street, Lang Ha ward, Dong Da district, Hanoi city, Vietnam

        HO: ExtendMax Villa, C01-L18 An Vuong, Duong Noi ward, Ha Dong, Hanoi, Vietnam

        Test Lab: BT02-21, An Hung urban area, To Huu street, La Khe ward, Ha Dong, Hanoi, Vietnam