Circular No. 01/2024/TT-BKHCN on State Quality Control of Goods Circulating in the Market

CIRCULAR

Regulations on State Inspectionof the Quality of Goods Circulating in the Market

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Pursuant to the Law on Product and Goods Quality dated November 21, 2007; Decree No. 28/2023/NĐ-CP dated June 2, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Government DecreePursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing and implementing certain provisions of the Law on Product and Goods Quality; Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing and implementing certain provisions of the Law on Product and Goods Quality; ofPursuant to Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain conditions for investment and business under the management of the Ministry of Science and Technology and certain specialized inspection regulations;Pursuant to Decree No. 13/2022/NĐ-CP dated January 21, 2022 of the Government amending and supplementing certain articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008, Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government detailing and implementing certain provisions of the Law on Product and Goods Quality, and Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Metrology;, Pursuant to Decree No. 111/2021/NĐ-CP dated December 9, 2021 of the Government amending and supplementing certain articles of Decree No. 14/2017/NĐ-CP dated April 14, 2017 of the Government on product labeling;, Pursuant to Decree No. 119/2017/NĐ-CP dated November 1, 2017 of the Government stipulating administrative penalties in the field of standards, metrology, and product and goods quality;

Pursuant to Decree No. 126/2021/NĐ-CP dated December 30, 2021 of the Government amending and supplementing certain articles of decrees stipulating administrative penalties in the fields of industrial property rights, standards, metrology, and product and goods quality, scientific and technological activities, technology transfer, and atomic energy;, Pursuant to Decree No. 52/2013/NĐ-CP dated May 16, 2013 of the Government on e-commerce; Decree No. 85/2021/NĐ-CP dated September 25, 2021 of the Government amending and supplementing certain articles of Decree No. 52/2013/NĐ-CP dated May 16, 2013 of the Government on e-commerce;132/2008/NĐ-CPPursuant to Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and measures to implement the Law on Administrative Violation Handling;

On the basis of The Minister of Science and Technology issues this Circular regulating state inspection of the quality of goods circulating in the market. This Circular regulates the content, procedures, and organization of state inspection of the quality of goods circulating in the market.;

Article 2. Scope of Application and Objects of Inspection "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."1. This Circular applies to quality control agencies of products and goods under ministries managing industries and sectors, localities, and organizations, institutions, and individuals involved in the quality of products and goods.

Pursuant to Decree No.43/2017/NĐ-CP2. Objects of Inspection43/2017/NĐ-CPa) Goods circulating in the Vietnamese market.

b) Goods in the defense and security sector are not subject to inspection under this Circular.

1. Goods circulating in the market are goods that are transported, displayed, promoted, marketed, and stored during the trading process (including goods in e-commerce activities), except for goods being transported from customs checkpoints to importers' storage warehouses or stored at importers' storage warehouses awaiting inspection clearance.

2. Witness is a person invited by the Inspection Team to witness the inspection and record administrative violations according to this Circular.

3. Lot of goods

At the proposal of the Director General of the National Standardization, Metrology and Quality Control Department and the Head of the Legal Affairs Department;

a) For loose or single-piece goods: A lot of goods is a collection of a type of goods determined in quantity, with the same style, same label content, produced or imported by an organization or individual at the same location and distributed or consumed in the market.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

b) For goods that may be mixed during storage, preservation, or sale, affecting their quality: A lot of goods is a collection of a type of goods determined in quantity stored, preserved, or sold in the same storage unit or at the same storage location.

4. Central inspection agencies are specialized agencies under ministries managing industries and sectors assigned and delegated to perform state management tasks regarding the quality of products and goods; local inspection agencies are specialized agencies under provincial People's Committees or municipal People's Committees directly under the central government assigned and delegated to perform state management tasks regarding the quality of products and goods in their locality.

5. Other terms related to the quality of products and goods and technical standards and norms in this Circular shall be applied as prescribed in Article 3 of the Law on Product and Goods Quality and Article 3 of the Law on Standards and Technical Norms.

2. Objects to be inspected

a) Goods circulating in the Vietnamese market.

b) Goods in the defense and security sectors that are not subject to inspection as prescribed in this Circular.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Goods circulating in the market are goods that are transported, displayed, promoted, marketed, and stored during the process of buying and selling goods (including goods in e-commerce activities), except for goods being transported from the customs checkpoint to the importer's storage facility or stored at the importer's storage facility awaiting inspection and clearance.

2. Witness is a person invited by the Inspection Team to witness the inspection and establish the administrative violation record according to the provisions of this Circular.

3. Lot of goods

a) For loose or single-piece goods: A lot of goods is a collection of a type of goods determined in quantity, with the same style, same label content, produced or imported by an organization or individual at the same location, distributed and consumed on the market.

b) For goods that may be mixed during storage, preservation, and sale, affecting their quality: A lot of goods is a collection of a type of goods determined in quantity stored, preserved, and sold within the same storage and preservation unit or at the same storage and preservation location.

4. The central inspection agency is a specialized agency under the ministry managing the industry or sector assigned and delegated to perform state management tasks regarding product and goods quality; the local inspection agency is a specialized agency under the People's Committee of the province or centrally governed city assigned and delegated to perform state management tasks regarding product and goods quality in the locality.

5. Other terms related to product and goods quality and technical standards and regulations in this Circular shall be applied according to the provisions of Article 3 of the Law on Product and Goods Quality and Article 3 of the Law on Standards and Technical Regulations.

Article 4. Basis for inspection

1. Information and warnings about goods circulating on the market that are not in compliance with the conditions stipulated in Article 38 of the Product Quality Law.

2. Information reflecting in any form from domestic and foreign organizations and individuals regarding signs of violations of product quality, goods labeling.

3. Results of surveys or inspections of goods circulating on the market that have found goods with non-compliant labeling or signs of quality not conforming to announced standards or corresponding technical regulations.

4. At the request of management or upon the proposal of authorized agencies, organizations, or individuals concerning product quality transferred.

5. In accordance with the annual inspection plan approved by the competent authority.

Article 5. Forms of Inspection

1. Annual planned inspection approved by the competent authority

a) Establishing the inspection plan:

Annually, the inspection agency bases on management requirements, the situation of product quality, assessment of compliance with laws on product quality; previous inspection results; financial situation and directives from higher-level management agencies to establish the inspection plan as prescribed in Clause 2 of Article 47 of the Product Quality Law.

b) For those establishments already approved in the annual plan, based on actual circumstances or management requests, if the inspection agency does not conduct an inspection at the establishment, it sends a letter to the inspected establishment requesting a report on compliance with relevant laws related to products being sold. If violations are detected through reports, the inspection agency conducts an unscheduled inspection as prescribed in this Circular.

2. Unscheduled inspection of goods circulating on the market

Unscheduled inspection of goods circulating on the market is based on the provisions of Clauses 1, 2, 3, and 4 of Article 4 of this Circular.

Chapter II CONTENTS AND PROCEDURES FOR INSPECTION

Article 6. Contents of Inspection

1. Inspection of product information

a) Inspection of mandatory labels and accompanying documents

b) Inspection of announced standards, conformity marks, and compliance marks as prescribed

c) Inspection of product and goods identification numbers, barcodes, traceability of origin as prescribed

2. Inspection of product quality

a) Inspection of conformity of goods with technical regulations, announced standards, labels, and accompanying documents

b) Inspection of other contents related to product quality

3. During the inspection process, if goods show signs of non-compliance with quality standards, the Head of the Inspection Team decides to take samples according to the provisions of this Circular.

4. For goods traded in e-commerce activities, in addition to inspections as prescribed in Clauses 1 and 2 of this Article, the Inspection Team compares the consistency of information on electronic pages with the actual goods being inspected.

Article 7. Procedures for Inspecting Goods Circulating on the Market

1. The Inspection Team conducts inspections in the following steps:

a) Publicize the Inspection Decision before conducting the inspection. The Inspection Decision is established according to Model 1. QD/DKT attached to this Circular

b) Conduct inspections of the contents prescribed in Article 6 of this Circular

c) Prepare the Inspection Record according to Model 3. BB/DKT attached to this Circular. The Inspection Record must be signed by the seller and the Head of the Inspection Team. If the seller does not sign the record, it must have the signature of a representative of the commune, ward, town (hereinafter referred to as the commune-level authority) or at least one witness confirming the seller's refusal to sign the record.

If the record lacks the signature of a representative of the commune-level authority or a witness, the Inspection Team must clearly state the reason in the record, report to the inspection agency in writing. The record signed by the Head of the Inspection Team and members of the Inspection Team still has legal validity. If the Inspection Team takes samples of goods, they follow the provisions of Article 8 of this Circular.

d) Handle and make recommendations according to the provisions of Article 10 of this Circular

đ) Report to the inspection agency on the inspection results

2. Quality control officers conduct independent and unscheduled inspections in the following steps:

a) Publicize the Inspection Decision issued by an authorized person, present the quality control officer card before inspecting. The Inspection Decision is established according to Model 2. QD/KSV attached to this Circular

b) Conduct inspections of the contents prescribed in Article 6 of this Circular

c) Prepare the Inspection Record according to Model 4. BB/KSV attached to this Circular. The Inspection Record must be signed by the seller and the quality control officer. If the seller does not sign the record, it must have the signature of a representative of the commune-level authority or at least one witness confirming the seller's refusal to sign the record.

If the record lacks the signature of a representative of the commune-level authority or a witness, the quality control officer must clearly state the reason in the record, report to the inspection agency in writing. The record signed by the quality control officer still has legal validity

d) Handle and make recommendations according to the provisions of Article 10 of this Circular

đ) Report to the inspection agency on the inspection results

3. When inspecting product quality in e-commerce activities, the leading inspection agency determines or verifies the identity (name, address) of the seller before inspecting.

The inspection procedures are carried out according to Clauses 1 and 2 of this Article.

Article 8. Sampling and processing samples for quality inspection of goods

1. Sampling of goods

During the inspection process, if goods show signs of not meeting quality standards, the Head of the Inspection Team shall handle as follows:

- Take samples of the goods and prepare a record according to Model 5. BBLM of the Appendix issued together with this Circular;

- Request the seller to provide invoices, certificates, and related documents concerning the sampled goods to serve as the basis for determining the quantity of non-compliant goods sold in cases where there is a violation of quality standards.

- Jointly with the representative of the inspected entity, determine the quantity of the batch of goods taken as samples at the time of the most recent import prior to the sampling date and at the sampling date.

The samples must be randomly selected to represent the batch of goods being inspected. The quantity of each sample unit must ensure sufficient testing of the required quality indicators according to management requirements and prescribed testing methods. One (01) sample unit is sent for testing by the Inspection Team; the inspected entity has the right to retain or not retain up to three (03) sample units as a reference for comparison with the tested sample unit.

In cases where the goods do not have enough quantity for sampling or the batch cannot be identified, the Inspection Team shall conduct a survey sampling of goods' quality in accordance with Clause 2, Article 9 of this Circular.

2. Procedure for taking samples

a) Prepare a record of sample taking according to Model 5. BBLM of the Appendix issued together with this Circular;

b) After taking the samples, they must be sealed according to Model 8. TNPM of the Appendix issued together with this Circular, and the seal must bear the signatures of the sampler and the seller.

If the seller does not sign the record of sample taking or the seal, the record of sample taking and the seal must bear the signature of a representative of the local authority at the commune level or at least one witness confirming that the seller did not sign the record or the seal; if the record of sample taking and the seal do not have the signature of a representative of the local authority at the commune level or a witness, the reason must be clearly stated in the record. The record of sample taking and the seal bearing the signatures of the sampler, the Head of the Inspection Team, and other members of the Inspection Team still have legal validity.

3. Testing of samples

Samples are tested at organizations designated under the law.

In cases where there are no specific instructions on the time for sending samples for testing, within a maximum period of five (05) working days from the date of sampling, the Inspection Team must send the samples to the organization designated under the law for testing.

Before sending the samples to the testing organization, they must be coded and a coding record prepared according to Model 6. BB/MHM of the Appendix issued together with this Circular. During transportation, safety and integrity must be ensured. The handover of samples to the testing organization is recorded according to Model 7. BB/GNM of the Appendix issued together with this Circular.

The results of the quality testing of goods at the organization designated under the law serve as the legal basis for the inspection agency to proceed with further handling as stipulated.

4. Retaining and disposing of samples

The inspected entity, if retaining samples taken by the Inspection Team, must comply with current legal regulations regarding sample retention without affecting the original nature of the retained samples.

After receiving the test results of the sample sent for testing, the inspection agency is responsible for notifying the inspected entity of the test results according to Model 10. TB/KQTN of the Appendix issued together with this Circular to handle the retained samples.

- For samples that meet quality standards and are not expired, the inspected entity may continue selling or using them;

- For samples that violate quality standards, the inspected entity must change their purpose of use, recycle, or destroy them in accordance with the law;

- For expired samples, the inspected entity must destroy them in accordance with the law.

5. Costs of sampling and testing samples

The costs of taking and testing sample units are implemented in accordance with Article 41 of the Law on Product and Goods Quality and Joint Circular No. 28/2010/TTLT-BTC-BKHCN dated March 3, 2010, issued by the Minister of Finance and the Minister of Science and Technology guiding the management and use of funds for state quality control activities of products and goods. The Inspection Team and the inspection agency do not pay for the cost of retained sample units at the inspected entity.

Article 9. Sampling and Handling Samples for Quality Survey of Goods

1. In cases where the inspection agency takes samples to monitor the quality situation of goods on the market, there is no need to retain samples.

2. During the inspection process, if goods show signs of not meeting quality standards but the quantity is insufficient for sampling or the batch size cannot be determined, the Inspection Team shall take samples to survey the quality of goods. Any change in the purpose of taking samples by the Inspection Team must be clearly stated in the Inspection Report. If the test results of the survey samples do not meet the published standards or corresponding technical regulations, the inspection agency shall inspect the production facility of the producer or importer of such goods or notify the relevant sectoral, regional management agencies or inspection bodies to conduct inspections or audits at the production facilities of the producers or importers according to the law.

3. The cost of survey sampling shall be borne by the inspection agency.

Article 10. Handling Results of Quality Inspection of Goods

1. For violations regarding product quality that do not reach the level requiring administrative penalties, the Inspection Team shall record this in the Inspection Report and require the seller to take corrective actions. Upon completion of the correction, the seller shall report in writing to the inspection agency along with evidence of the correction for the agency to confirm in writing when the seller's corrections meet the requirements. After the reporting deadline specified in the Inspection Report, if the seller does not take corrective actions, the inspection agency shall publicize the name, address of the selling location, the name of the goods, and the violation through mass media.

2. During the inspection process, if administrative violations are discovered, the quality inspector, Inspection Team, and inspection agency shall handle them as follows:

a) Prepare an Administrative Violation Report according to Model Form 01 attached to Decree No. 118/2021/NĐ-CP dated December 23, 2021, issued by the Government detailing certain provisions and measures for implementing the Law on Administrative Sanctions (Decree No. 118/2021/NĐ-CP).

Seal the goods and prepare a Sealing Report according to Model Form 26 attached to Decree No. 118/2021/NĐ-CP, while requiring the seller to temporarily stop selling the violating goods.

b) Report the inspection results to the inspection agency. Within two working days from the date of discovery of the violation, the inspection agency shall issue a Notice to Temporarily Suspend Circulation of Violating Goods according to Model Form 11. TB/TDLT attached to this Circular.

c) Prepare and complete the administrative penalty case file for the authorized decision-maker to impose administrative sanctions according to Model Decision 02 attached to Decree No. 118/2021/NĐ-CP. If it exceeds the authority, the inspection agency shall transfer the case file and recommend the authorized person or competent state agency to impose the penalty.

d) For sealed goods, after the seller pays the administrative fine, implements supplementary sanctions, and reimburses the sample purchase costs and testing fees, the inspection agency shall unseal the goods, prepare an Unsealing Report according to Model Form 27 attached to Decree No. 118/2021/NĐ-CP, allowing the seller to implement corrective measures according to the administrative penalty decision. Upon completion of the correction, the seller shall report in writing to the inspection agency along with evidence of the correction.

Based on the seller's report and accompanying documents, if the goods have been corrected to meet the requirements, the inspection agency shall issue a Notice allowing the goods to continue circulating in the market according to Model Form 12. TB/TTLT attached to this Circular.

e) If the seller recycles the goods according to the administrative penalty decision, upon completion of recycling, the seller shall report in writing to the inspection agency for the agency to take samples again to retest non-compliant indicators.

When the retesting results comply with the law, the inspection agency shall issue a Notice allowing the goods to continue circulating in the market according to Model Form 12. TB/TTLT attached to this Circular.

f) If the seller destroys the violating goods according to the administrative penalty decision, they must fully comply with all relevant laws concerning the destruction of violating goods.

3. Depending on the extent, scope of impact, and consequences of batches of goods that do not meet quality standards, the inspection agency has the responsibility to publicly announce on mass media according to Article 18 of Decree No. 118/2021/NĐ-CP.

4. After discovering violating goods circulating in the market, the inspection agency has the responsibility to inspect the production facilities of the producers or importers of such goods or report to the authorized agency to request inspections at the production facilities of the producers or importers according to the law.

5. The administrative penalty case file shall be transferred to the authorized person or state agency responsible for imposing administrative sanctions, including: Inspection Decision, Inspection Report, Administrative Violation Report, Sealing Report, Notice to Temporarily Suspend Circulation, evidence proving the violation, related documents provided by the violator organization or individual confirmed by the violator, and a letter from the inspection agency recommending the authorized person or state agency to impose sanctions according to the law.

The authorized person or state agency responsible for imposing administrative sanctions according to the law shall inform the inspection agency of the penalty results for monitoring and summarizing.

Chapter III IMPLEMENTATION ORGANIZATION

Article 11. Responsibilities of inspection agencies and related agencies in building annual inspection plans and reporting on inspection results regarding product quality

1. Building inspection plans

Based on Clause 1 of Article 5 of this Circular, inspection agencies shall be responsible for building annual inspection plans to ensure compliance with current regulations on coordinated inspections within the field of product quality standards.

2. Reporting on inspection results

a) Inspection agencies shall be responsible for compiling periodic annual or ad hoc reports on the situation and results of inspections according to Article 32 of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing certain provisions of the Product Quality Law, which was amended and supplemented by Clause 14 of Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/ND-CP. The report content includes: Characteristics of the circulation of goods under management responsibility; Inspection results according to Form No. 15a/KTCL or Form No. 15b/KTCL attached as an appendix to Circular No. 13/2021/TT-BKHCN dated December 30, 2021 of the Minister of Science and Technology stipulating regular reporting systems within the scope of management by the Ministry of Science and Technology; General observations and evaluations; Recommendations.

b) Local inspection agencies shall compile reports on the situation and results of inspections of circulating goods under their management responsibility and submit them to the main supervising agency and the Department of Science and Technology. By December 20 each year, the Department of Science and Technology shall compile the inspection results of local inspection agencies and report to the People's Committee of the province or centrally-administered city and the Ministry of Science and Technology (through the National Standardization, Metrology and Quality Control Administration).

c) By December 20 each year, central inspection agencies shall compile reports on the situation and results of inspections of circulating goods under their management responsibility and submit them to the main supervising ministry and the Ministry of Science and Technology (through the National Standardization, Metrology and Quality Control Administration).

Article 12. Responsibilities of sellers

1. Sellers shall be responsible for complying with the provisions of Article 16 of the Product Quality Law. In cases where sellers engage in e-commerce activities, they must comply with the provisions of Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce; and Decree No. 85/2021/ND-CP dated September 25, 2021 of the Government amending and supplementing certain articles of Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce.

2. Sellers shall be responsible for implementing sample retention and handling in accordance with Clause 4 of Article 8 of this Circular.

Chapter IV IMPLEMENTATION PROVISIONS

Article 13. Effective Date

Article 13. Effective date of this Circular

1. This Circular takes effect from March 3, 2024.

2. The following Circulars shall cease to be effective from the date this Circular takes effect:

a) Circular No. 26/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on state inspection of product quality in circulation (Circular No. 26/2012/TT-BKHCN);

Article 14. Transitional Provisions

b) Circular No. 12/2017/TT-BKHCN dated September 28, 2017 of the Minister of Science and Technology amending and supplementing certain articles of Circular No. 26/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on state inspection of product quality in circulation (Circular No. 12/2017/TT-BKHCN).

1. For cases being processed before the effective date of this Circular, the provisions of Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN shall continue to apply.

Article 15. Responsibility for Implementation

2. Where laws and regulations cited in this Circular are amended, supplemented, or replaced, the new provisions shall apply.

1. Inspection agencies for product quality under ministries managing industries and sectors, localities, and organizations and individuals engaged in activities related to product quality shall be responsible for implementing this Circular.