Circular No. 06/2020/TT-BKHCN detailing and providing implementation measures for certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008, Decree No. 74/2018/NĐ-CP dated May 15, 2018, Decree No. 154/2018/NĐ-CP dated November 9, 2018, and Decree No. 119/2017/NĐ-CP dated November 1, 2017 of the Government.

CIRCULAR

Detailed regulations and measures to implement certain provisions ofDecree No. 132/2008/NĐ-CP dated December 31, 2008,Decree No. 74/2018/NĐ-CP dated May 15, the 5 year 2018, Decree No. 154/2018/NĐ-CP dated November 9, the 11 year 2018 andDecree No. 119/2017/NĐ-CP dated November 1, 2017 of the Government

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

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Technical Standards and Regulations and Decree No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing certain provisions of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Technical Standards and Regulations;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality and Goods and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of the Law on Product Quality and Goods;

Pursuant to Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain provisions regarding investment and business conditions in the field of state management by the Ministry of Science and Technology and certain provisions regarding specialized inspections;

WHEREAS Decree No. 119/2017/NĐ-CP dated November 1, 2017 of the Government stipulating administrative penalties for violations in the fields of standards, measurement, and product quality;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

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

The Minister of the Ministry of Science and Technology issues this Circular on the issuance of National Technical Regulations on Radioactive Waste Containing Naturally Occurring Radioactive Materials.ưởThe Minister of Science and Technology issues this Circular detailing and implementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008, Decree No. 74/2018/NĐ-CP dated May 15, 2018, Decree No. 154/2018/NĐ-CP dated November 9, 2018 andDecree No. 119/2017/NĐ-CP dated November 1, 2017of the Government. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details and implements the following:

1. Declaration of conformity, inspection of products, goods that may cause safety risks (hereinafter referred to as group 2 products, goods) in production and import as stipulated in Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality and Goods (hereinafter referred to as Decree No. 132/2008/NĐ-CP) amended and supplemented by Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP (hereinafter referred to as Decree No. 74/2018/NĐ-CP) and Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain provisions regarding investment and business conditions in the field of state management by the Ministry of Science and Technology and certain provisions regarding specialized inspections (hereinafter referred to as Decree No. 154/2018/NĐ-CP);

2. Measures to address consequences when implementing decisions on administrative penalties in cases of importing goods.

Article 2. Applicability

This Circular applies to state management agencies, organizations, and individuals related to the implementation of activities of declaring conformity, inspecting group 2 products, goods in production and import, and organizations and individuals implementing measures to address consequences when being administratively penalized for importing goods.

Article 3. Explanation of Terms

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

1. An organization conducting conformity assessment activities is an organization that has registered its conformity assessment activities (hereinafter referred to as a registered conformity assessment organization) as stipulated in Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services (hereinafter referred to as Decree No. 107/2016/NĐ-CP) and Decree No. 154/2018/NĐ-CP;

2. An organization conducting conformity assessment, inspection, and testing activities for group 2 products, goods is a registered conformity assessment organization, a registered inspection organization, a registered testing organization, or an organization recognized according to the law, or an organization designated according to the provisions of Decree No. 132/2008/NĐ-CP, amended and supplemented by Decree No. 74/2018/NĐ-CP and Decree No. 154/2018/NĐ-CP;

3. A state inspection agency for product and good quality is an agency assigned or delegated to perform state inspection tasks for product and good quality under the responsibility of the relevant ministry or sector, or an agency assisting the provincial People's Committee in managing the relevant sector (hereinafter referred to as the inspection agency);

4. An authority with jurisdiction under ministries responsible for sectors is an agency assigned or delegated to perform state management tasks for product and good quality under the responsibility of the relevant ministry or sector (hereinafter referred to as the competent authority);

5. State inspection agencies for product and good quality under the responsibility of the Ministry of Science and Technology include:

a) The Product and Good Quality Management Department under the General Bureau of Standardization, Metrology, and Quality Control;

b) Agencies or units performing standardization, metrology, and quality control functions under the provincial People's Committee's advisory bodies responsible for science and technology management, located at border gates or points of imported goods inspection within their jurisdiction (hereinafter referred to as the standardization, metrology, and quality control inspection agency);

6. Importer is an organization or individual importing goods (owner of the goods) or an organization or individual, agent entrusted by the owner of the goods (entrusted party);

7. Quality certificate includes one of the following documents:

a) Self-assessment results of organizations or individuals (hereinafter referred to as self-assessment results) in accordance with the law;

b) Certification or inspection results of registered certification or inspection organizations or organizations recognized according to the law;

c) Certification or inspection results of organizations designated according to the law.

8. Self-assessment result report includes the following information:

a) Name of the organization or individual; address; telephone, fax;

b) Name of the product, goods, manufacturer;

c) National technical regulation number;

d) The test results comply with the national technical regulation standards of the product quality testing organization for Group 2 products as stipulated in the corresponding national technical regulations.

đ) Conclusion that the product or goods comply with the national technical regulations.

e) A commitment that the product or goods meet the national technical regulations, published standards, and fully assume legal responsibility for the quality of the product or goods and the self-assessment results.

Article 4. Application of management measures for Group 2 products and goods in production and import

1. Management measures for products and goods in production and import as prescribed in Clause 2, Article 4 of Decree No. 132/2008/ND-CP, amended and supplemented by Clause 2, Article 1 of Decree No. 74/2018/ND-CP, and Clause 2, Article 7 of Decree No. 132/2008/ND-CP, amended and supplemented by Clause 3, Article 1 of Decree No. 74/2018/ND-CP.

2. Management measures for products and goods in production and import include three levels as follows:

a) Level 1: Declaration of conformity based on self-assessment results.

b) Level 2: Declaration of conformity based on certification and inspection results from certified organizations or recognized organizations according to the law for imported goods; declaration of conformity based on certification results from registered or recognized certification organizations according to the law for products in production.

c) Level 3: Declaration of conformity based on certification and inspection results from designated organizations according to the law for imported goods; declaration of conformity based on certification results from designated organizations according to the law for products in production.

Article 5. Application of management measures for Group 2 products and goods not meeting the requirements

1. For Group 2 products and goods in production and import currently applying Level 1 or Level 2 management measures, if it is found that the products or goods of organizations or individuals have insufficient quality, causing harm to people, animals, plants, property, environment, or based on the conclusion of competent authorities regarding complaints or accusations about production or import activities, or if within 15 working days from the date of clearance, the importer does not submit the self-assessment report (for Level 1) or the quality certificate as stipulated at Point b, Clause 7, Article 3 of this Circular (for Level 2) without a valid reason, the inspection authority shall consider and decide to switch to applying Level 3 management measures for subsequent batches of products or goods of such organizations or individuals.

2. In case the assessment results of three consecutive batches of products tested by the testing organization (for Level 1) or certified by the certification organization (for Level 2) confirm compliance with national technical regulations, without causing harm to people, animals, plants, property, environment, and there have been no complaints or accusations about production activities since the application of Level 3 management measures, the inspection authority shall consider and decide to revert to applying previous Level 1 or Level 2 management measures for products or goods produced by such organizations.

3. In case the importer proves that three consecutive batches of imported goods have assessment results confirming compliance with national technical regulations, without causing harm to people, animals, plants, property, environment, and there have been no complaints or accusations about import activities since the application of Level 3 management measures, and the inspection authority has not received any complaints or accusations, the inspection authority shall consider and decide to revert to applying previous Level 1 or Level 2 management measures for subsequent batches of goods imported by such importer.

Article 6. Handling import files not completed within the prescribed time limit

1. Goods in Group 2 imported shall apply Management Level 1 measures

a) Within fifteen working days from the date of customs clearance, if the importer has not submitted to the inspection agency a self-assessment report (including information specified in Clause 8, Article 3 of this Circular):

a1) The importer shall submit a written notice to the inspection agency detailing the reasons and completion time. The inspection agency shall decide on extending the submission deadline for the self-assessment report based on the importer's written notice (if any) and the potential risk of product safety.

a2) If the importer does not submit a written notice to the inspection agency detailing the reasons and completion time, the inspection agency shall conduct inspections at the importer’s premises and in the market according to Circular No. 26/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology on state management of product quality circulation in the market (hereinafter referred to as Circular No. 26/2012/TT-BKHCN), and Circular No. 12/2017/TT-BKHCN dated September 28, 2017, issued by the Minister of Science and Technology amending and supplementing certain provisions of Circular No. 26/2012/TT-BKHCN (hereinafter referred to as Circular No. 12/2017/TT-BKHCN). At the same time, the inspection agency shall consider and decide to transfer the application of Management Level 3 measures for imported goods of that organization or individual.

b) In case the extended submission deadline for the self-assessment report is exceeded and the importer fails to submit the self-assessment report, the inspection agency shall immediately implement market inspections according to Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN. At the same time, the inspection agency shall consider and decide to transfer the application of Management Level 3 measures for imported goods of that organization or individual.

2. Goods in Group 2 imported shall apply Management Level 2 measures

a) Within fifteen working days from the date of customs clearance, if the importer has not submitted to the inspection agency a certified copy (signed and stamped by the importer) of the quality certificate as stipulated in Point b, Clause 7, Article 3 of this Circular:

b) In case the extended submission deadline for the quality certificate is exceeded and the importer fails to submit the quality certificate, the inspection agency shall immediately implement market inspections according to Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN and at the importer’s premises. At the same time, the inspection agency shall consider and decide to transfer the application of Management Level 3 measures for imported goods of that organization or individual.

c) In case the certification organization or inspection organization issues a statement confirming that the imported goods do not fall within the scope of the relevant national technical regulation, within five working days, the importer shall submit the statement of the certification organization or inspection organization to the inspection agency for archiving the import file and shall not be required to submit the quality certificate along with this statement.

3. Goods in Group 2 imported shall apply Management Level 3 measures

a) In case the importer submits an incomplete import file, the inspection agency shall confirm the missing items in the file receipt form and request the importer to supplement and complete the file within fifteen working days. If the deadline is exceeded without completing the file, the importer shall submit a written notice to the inspection agency detailing the reasons and completion time. The inspection agency shall decide on extending the deadline for supplementing and completing the file based on the importer's written notice and notify the customs authority. Subsequent inspection steps can only be carried out after the importer has completed the file fully.

b) Within one working day from the expiration of the deadline for supplementing the import file, if the importer cannot complete the file fully, the inspection agency shall issue a notification of the state inspection result on the quality of imported goods according to Model No. 3 attached to Decree No. 74/2018/NĐ-CP. The notification shall clearly state "Incomplete import file" and be sent to the importer and the customs authority. At the same time, the inspection agency shall take the lead and coordinate with relevant agencies to conduct surprise inspections on the quality of goods at the importer’s premises and in the market according to Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN.

Article 7. Application of Measures to Exempt or Reduce Quality Inspection for Import Goods Group 2

1. During the period exempted or reduced from state quality inspection for imported goods, every three months (before the 25th day of the last month in the reporting period), the importer shall submit a written report on importation status along with the results of conformity assessment to national technical regulations and announced standards to the inspection authority for monitoring and post-inspection work. The report on importation status along with the results of conformity assessment includes the following contents:

a) Name of the importer, address; telephone, fax;

b) Date of importation, import customs gate (name and address);

c) Information about imported goods:

c1) Name of goods, brand, type, technical characteristics;

c2) Origin, manufacturer;

c3) Quantity, weight of imported goods; unit of measurement;

c4) Results of conformity assessment (date of assessment, assessment result, assessing organization/unit, number of national technical regulation, announced standard);

d) Commitment that the imported goods comply with national technical regulations and announced standards and fully bear responsibility under the law for the quality of imported goods and the results of conformity assessment as declared.

2. Within the exemption or reduction period, every three months, if the importer does not submit a report on importation status along with the results of conformity assessment to the inspection authority for monitoring and post-inspection work, or within the exemption or reduction period stipulated in point c, Clause 8, Article 7 of Decree No. 132/2008/ND-CP amended and supplemented by Clause 3, Article 1 of Decree No. 74/2018/ND-CP, the inspection authority shall issue a written notice to stop applying the exemption or reduction measures.

Article 8. Management of Quality for Imported Goods Group 2 with Small Quantities

1. For imported goods group 2 with small quantities insufficient for sampling testing according to regulations or where the testing cost determined through three quotations from testing organizations exceeds the value of the imported consignment, based on management needs and requirements for each type of goods, the relevant sectoral management ministry shall specify specific management measures in corresponding national technical regulations.

2. In cases where there are no provisions in corresponding national technical regulations, enterprises shall follow the guidance of the relevant sectoral management ministries.

3. In cases where imported goods are exempted from inspection, if they are found to be non-compliant with corresponding national technical regulations or announced standards when circulating in the market, or when complaints or reports about the quality of goods are received, the inspection authority shall conduct spot checks at the importer's premises.

Article 9. Handling of Imported Goods Not Complying with National Technical Regulations or Announced Standards (in Cases Where There Are No National Technical Regulations)

1. For goods subject to Level 3 management measures with non-compliant conformity assessment results before clearance (in cases where there are no national technical regulations), the inspection authority shall handle them according to the provisions of Decree No. 74/2018/ND-CP, transferring the file to the customs authority for handling according to customs laws for goods not yet cleared. The inspection authority shall cooperate with the customs authority during the handling process.

The file includes the application dossier for quality inspection of imported goods, conformity assessment results, State Quality Inspection Notification for Imported Goods, and a letter from the inspection authority sent to the customs authority where the enterprise handles import procedures for handling according to customs laws.

2. For imported goods subject to Level 1 or Level 2 management measures, based on conformity assessment results indicating non-compliance with national technical regulations or announced standards (in cases where there are no national technical regulations), the inspection authority shall take the following actions:

a) Notify the results of state quality inspection for imported goods not meeting quality requirements according to Model No. 3 issued together with Decree No. 74/2018/ND-CP, requiring the importer to temporarily suspend circulation, recall the goods, report to the inspection authority the quantity of remaining goods, sold goods, storage conditions, and propose remediation measures such as recycling or changing usage purposes or destruction;

b) Conduct inspections at the importer's storage facility to determine the quantity of non-compliant goods remaining and sold:

b1) The inspection decision shall be made according to Model 1.QDKT attached to this Circular.

b2) Prepare an inspection record according to Model 2.BBKT attached to this Circular.

b3) Seal the non-compliant goods. Sealing/unsealing records shall be made according to Models 3a-BBNP, 3b-BBMNP; sealing labels shall be made according to Model 4.TNP attached to this Circular.

b4) Prepare an administrative violation record according to Model 5.BBVPHC attached to this Circular;

c) Review the remediation proposals submitted by the importer:

c1) If the importer proposes recycling (domestically or exporting for return to the buyer - the seller to the importer) or changing the purpose of use of the product, the inspection authority shall review these proposals, report, and recommend the competent authority to approve or disapprove the proposal. If the importer's proposal is approved, then apply remediation measures according to the proposed plan in the administrative penalty decision. If the importer's proposal is not approved, issue a written response to the importer to change the proposal accordingly;

c2) If the importer proposes destruction, the destruction plan must be approved by the environmental management authority;

d) Issue an administrative penalty decision within its jurisdiction or transfer it to the competent authority to issue an administrative penalty decision according to the law.

đ) Monitor and urge the implementation of administrative penalty decisions. Conduct post-recycling inspection (for domestic recycling cases) before releasing the goods for circulation and notify the batch of goods for circulation if the conformity assessment results meet the quality requirements as specified in Model 6.TBLHĐLT Appendix issued together with this Circular.

During the handling process, if there are complaints or reports related to the conformity assessment results or if the conformity assessment results are inconsistent regarding the same imported batch, the inspection agency shall require the importer to re-conduct the conformity assessment at a conformity assessment organization selected by the inspection agency. The testing results from the conformity assessment organization chosen by the inspection agency will serve as the basis for the inspection agency to continue processing.

3. The importer shall implement

a) Comply with administrative penalty decisions.

b) Implement corrective measures according to the approved plan and report to the inspection agency:

b1) In cases where domestic recycling measures are applied, the importer shall organize the recycling according to the approved plan; report to the inspection agency the recycling results along with the conformity assessment results of the recycled batch meeting the quality requirements.

b2) In cases where recycling measures are applied through re-exporting back to the seller - the customer who sold the goods to the importer and is approved by the production facility in the exporting country, the importer shall follow the customs procedures and customs supervision for goods subject to re-export as stipulated in Article 48 of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government detailing and guiding the implementation of the Law on Customs regarding customs procedures, inspection, supervision, and control, amended and supplemented by Clause 21, Article 1 of Decree No. 59/2018/ND-CP dated April 20, 2018 of the Government amending and supplementing certain articles of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government detailing and guiding the implementation of the Law on Customs regarding customs procedures, inspection, supervision, and control, and establish the necessary documents under the Customs Law to facilitate the re-export of products and goods and report the results to the inspection agency.

b3) In cases where destruction measures are applied, the destruction of goods shall be carried out in accordance with environmental protection laws.

4. The administrative violation handling file includes: the national quality inspection registration dossier for imported goods; conformity assessment results concluding that the batch of goods does not meet quality requirements; relevant documents as prescribed in points a, b, c, and d of Clause 2 of this Article.

Chapter II

QUALITY MANAGEMENT OF GROUP 2 PRODUCTS AND GOODS UNDER THE RESPONSIBILITY OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

Section 1

INSPECTION OF QUALITY OF GROUP 2 IMPORTED GOODS

Article 10. Inspection Objectives

1. Group 2 imported goods managed in accordance with the corresponding national technical regulations issued by the Ministry of Science and Technology and other goods capable of causing safety risks under the responsibility of the Ministry of Science and Technology. The use and management of testing organizations serving the quality management of Group 2 imported goods fall under the responsibility of the Ministry of Science and Technology as prescribed in the corresponding national technical regulations.

2. For imported radioactive materials and radioactive products, they shall be handled in accordance with the Atomic Energy Law and detailed and guiding documents.

Article 11. Basis for inspection

The basis for inspecting the quality of goods is the national technical regulations, standards announced for application to goods, labeling requirements, and related laws and regulations.

Article 12. Inspection of imported goods' quality

1. Steel products (excluding steel reinforcement bars) imported shall be subject to Management Level 1 measures.

2. Imported goods such as motorcycle helmets, children's toys, steel reinforcement bars, electrical and electronic equipment (safety, electromagnetic compatibility), internal combustion engine lubricating oils, and LED lighting products shall be subject to Management Level 2 measures.

3. Imported goods such as gasoline, diesel fuel, biofuels, liquefied petroleum gas (LPG), compressed natural gas (CNG), liquefied natural gas (LNG) shall be subject to Management Level 3 measures.

4. Other imported goods, based on management needs or potential risks to safety, the quality inspection of imported goods shall be conducted according to the corresponding national technical regulations, which specify management measures under one of the cases provided for in Clause 2, Article 4 of this Circular.

5. In case of discovering imported goods with non-compliant quality that may cause harm to people, animals, plants, property, environment, or based on the conclusion of competent authorities regarding complaints or reports about import activities, the inspection agency shall consider and decide to switch to stricter management measures as stipulated in Article 5 of this Circular.

6. The procedures and formalities for inspecting imported goods shall be carried out in accordance with Decree No. 74/2018/ND-CP and Decree No. 154/2018/ND-CP.

Section 2

ANNOUNCEMENT OF COMPLIANCE WITH STANDARDS FOR GROUP 2 PRODUCTS IN PRODUCTION

Article 13. Announcement of compliance with standards for Group 2 products in production under the management responsibility of the Ministry of Science and Technology

1. Steel products (excluding steel reinforcement bars) produced shall be subject to Management Level 1 measures.

2. Products such as motorcycle helmets, children's toys, steel reinforcement bars, electrical and electronic equipment (safety, electromagnetic compatibility), internal combustion engine lubricating oils, and LED lighting products produced shall be subject to Management Level 2 measures.

3. Products such as gasoline, diesel fuel, biofuels, liquefied petroleum gas (LPG), compressed natural gas (CNG), liquefied natural gas (LNG) produced, processed, or mixed shall be subject to Management Level 3 measures.

4. Other products produced, based on management needs or potential risks to safety, the announcement of compliance with standards shall be conducted according to the corresponding national technical regulations, which specify management measures under one of the cases provided for in Clause 2, Article 4 of this Circular.

5. The inspection agency shall consider and decide to switch to stricter management measures or revert to previous management levels for products under the management of the Ministry of Science and Technology as stipulated in Article 5 of this Circular. The use and management of testing organizations serving the quality control of Group 2 products in production shall be regulated by the corresponding national technical regulations.

Chapter III

IMPLEMENTATION

Article 14. Responsibilities of the Ministry of Science and Technology

1. Guidance on business operations, inspection of conformity assessment organizations, certification bodies, and inspection agencies in the quality inspection of products and goods under the management of the Ministry of Science and Technology.

For Group 2 products and goods specified in Articles 12 and 13 of this Circular, based on state management needs and capabilities at different periods, the Ministry of Science and Technology shall consider and decide to change the management measures stipulated in Article 4 of this Circular to suit actual management conditions. Management measures for Group 2 products and goods shall be prescribed in the corresponding national technical regulations issued by the Ministry of Science and Technology.

2. Direct and handle cases where imported goods under the management of the Ministry of Science and Technology do not meet quality requirements reported by the inspection agency.

3. The Standardization Agency has the responsibility to implement Clause 1 and Clause 2 of this Article. If beyond its authority, it shall report to the Ministry of Science and Technology for consideration and decision.

4. The Product Quality Management Department under the Standardization Agency has the responsibility:

a) To organize the implementation of quality inspections for imported goods such as gasoline, diesel fuel, biofuels, liquefied petroleum gas (LPG), compressed natural gas (CNG), liquefied natural gas (LNG), internal combustion engine lubricating oils, and other types of goods according to the directives of the Standardization Agency; handle according to the law on state management responsibilities for product and goods quality;

b) To follow the directives of the Director of the Standardization Agency to consider and decide to apply management measures stipulated in Article 5 of this Circular for Group 2 products and goods as provided in point a of this clause; simultaneously notify the decision to customs authorities for coordination and publicize on the inspection agency's website, the National Single Window portal, and report to the Standardization Agency.

Article 15. Responsibilities of the Ministry managing the industry and sector

1. Direct the inspection agency under the Ministry managing the industry and sector to organize the implementation of quality inspections for Group 2 imported goods within the management responsibility of the Ministry managing the industry and sector, and handle according to the provisions of the law on the State management responsibility for product and commodity quality within the managed industry and sector.

2. Direct the inspection agency under the Ministry managing the industry and sector to consider and decide on applying the management measures prescribed in Article 5 of this Circular for products and Group 2 commodities within the management responsibility of the Ministry managing the industry and sector; simultaneously notify the decisions to the customs authority for coordination in implementation and publicly announce on the electronic portal of the inspection agency, the National Single Window Portal.

3. Direct the authorized agency under the Ministry managing the industry and sector to organize the implementation of:

a) Providing guidance on business procedures, inspecting the activities of conformity assessment organizations registered and designated in the Ministry managing the industry and sector and inspection agencies in the quality inspection of products and commodities within the managed scope;

b) Handling cases of imported goods within the managed scope of the Ministry managing the industry and sector that do not meet quality requirements reported by the inspection agency.

Article 16. Responsibilities of the People's Committees of provinces and centrally governed cities

1. The People's Committees of provinces and centrally governed cities shall be responsible for directing:

a) The advisory and assisting agencies of the People's Committee of the province or centrally governed city on the territory to handle according to their authority cases of imported goods that do not meet quality requirements reported by the inspection agency.

For products and commodities under the management responsibility of the Ministry of Science and Technology, the standard measurement quality inspection agency reports to the advisory and assisting agency of the People's Committee of the province or centrally governed city managing science and technology on the territory. In cases exceeding the authority of the advisory and assisting agency of the People's Committee of the province or centrally governed city managing science and technology, it shall report to the People's Committee of the province or centrally governed city for consideration and decision.

b) The advisory and assisting agency of the People's Committee of the province or centrally governed city managing science and technology on the territory to compile and submit to the People's Committee of the province or centrally governed city to report to the Ministry of Science and Technology the situation and results of inspections and quality checks of products and commodities according to the periodic reporting system regulations within the national management scope of the Ministry of Science and Technology.

2. The advisory and assisting agency of the People's Committee of the province or centrally governed city managing science and technology on the territory shall be responsible for:

a) Directing the standard measurement quality inspection agency to organize the implementation of quality inspections for imported goods (excluding goods specified in point a, Clause 4, Article 14 of this Circular) at border gates or import inspection points within the managed area. Handle according to the authority the provisions of the law on product and commodity quality.

b) Directing the standard measurement quality inspection agency to consider and decide on applying the management measures prescribed in Article 5 of this Circular for Group 2 products and commodities specified in point a of this clause; simultaneously notify the decision to the customs authority, other inspection agencies for coordination in implementation and publicly announce on the electronic portal of the inspection agency, the National Single Window Portal, report to the General Bureau of Standards Measurement Quality, the advisory and assisting agency of the People's Committee of the province or centrally governed city managing science and technology.

c) Compile and report the situation and results of inspections and quality checks of products and commodities under the management responsibility according to point b, Clause 1 of this Article.

Article 17. Responsibilities of conformity assessment organizations

1. Provide conformity assessment results to inspection agencies and importers within a maximum period of 07 days from the date of sampling for imported goods subject to Management Level 3 measures.

a) For imported goods subject to Management Level 1 or Management Level 2 measures, the conformity assessment organization shall provide the conformity assessment results to the importer immediately upon completion of the assessment to ensure that the importer submits these results to the inspection agency within 15 working days from the date of clearance.

b) In cases where technical reasons or objective reasons necessitate extending the conformity assessment period, the conformity assessment organization shall promptly notify in writing, specifying the reasons and the deadline for providing the conformity assessment results to the importer for reporting to the inspection agency.

c) In cases where imported goods are not within the scope of national technical regulations, certification organizations and inspection organizations shall issue a document to be submitted by the importer to the inspection agency for archiving the import file and the quality certificate does not need to be attached to this document.

2. Cooperate with inspection agencies when there are requests related to product conformity assessments during production and import.

3. Comply with other obligations as prescribed by laws on product and commodity quality.

4. Report promptly to the inspection agency when discovering violations by producers or importers.

Article 18. Responsibilities of parties involved in handling imported goods that do not meet quality requirements

1. The importer shall be responsible for:

a) Registering and implementing regulations on quality inspection of imported goods for Group 2 imported goods;

b) Implementing the requirements of the competent authority regarding the change of intended use, re-export, destruction, or recycling of goods as prescribed by law.

For recycled consignments, the importer shall be responsible for recycling and conducting state quality inspections after recycling. For consignments recycled through re-export to return to the customer - the seller to the importer, the importer shall comply with customs regulations for re-export and report the results to the inspection agency.

c) Prove to the inspection agency through the import file the importation of three consecutive consignments as stipulated in Clause 3, Article 5 of this Circular to allow the inspection agency to consider and decide to revert to applying Management Level 1 or Management Level 2 measures for the importer's goods.

d) Comply with other obligations as prescribed by laws on product and commodity quality.

2. The inspection agency shall be responsible for:

a) Organizing the implementation of legal provisions on product and commodity quality inspections;

b) For imported goods that do not meet the applicable standards or national technical regulations, if compulsory re-export or destruction of the consignment or recycling through re-export to return to the customer - the seller to the importer is required, the inspection agency shall transfer the inspection file containing quality violations to the customs authority at the location where the organization or individual opened the customs declaration when importing for handling according to their authority;

c) For imported goods that do not meet the applicable standards or national technical regulations, if domestic recycling is required, the importer shall propose a recycling plan for the inspection agency to report to the higher management authority for decision-making. The inspection agency shall conduct post-recycling state quality inspections for goods subject to domestic recycling measures.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Circular takes effect from January 15, 2021.

2. The following provisions cease to be effective upon the entry into force of this Circular:

a) Circular No. 27/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology, stipulating state quality inspections of imported goods under the responsibility of the Ministry of Science and Technology;

b) Circular No. 07/2017/TT-BKHCN dated June 16, 2017, issued by the Minister of Science and Technology, amending and supplementing certain articles of Circular No. 27/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology, stipulating state quality inspections of imported goods under the responsibility of the Ministry of Science and Technology.

3. Abolish the provisions at Clause 3, Clause 5, Clause 6, Article 3; Clause 2, Clause 3, Clause 4, Article 12; Point b, Clause 1, Point b, Clause 2, Point b, Clause 3, Article 13; Point d, Clause 1, Article 17 of Circular No. 28/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology, stipulating the announcement of compliance with standards and technical regulations and methods of conformity assessment with standards and technical regulations amended and supplemented by Circular No. 02/2017/TT-BKHCN dated March 31, 2017, issued by the Minister of Science and Technology, amending and supplementing certain articles of Circular No. 28/2012/TT-BKHCN.

4. Replace the provision on reporting self-assessment results at Point b, Clause 1, Article 14 of Circular No. 28/2012/TT-BKHCN, amended and supplemented by Circular No. 02/2017/TT-BKHCN, to be implemented according to Clause 8, Article 3 of this Circular, from the date this Circular takes effect.

5. During the implementation process, if the referenced legal documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

Article 20. Transitional Provisions

From the date this Circular takes effect, the notification of acceptance of the filing for compliance announcement for products in production that are still valid shall continue until the expiration date indicated on the notification of acceptance of the filing for compliance announcement.

Article 21. Responsibility for Implementation

1. During the implementation process, if there are difficulties or obstacles, organizations and individuals are advised to reflect in writing to the Ministry of Science and Technology (through the General Department of Standardization, Metrology, and Quality Control) for guidance or research for amendment and supplementation to be appropriate.

2. The General Department of Standardization, Metrology, and Quality Control shall guide and organize the implementation of this Circular.

3. The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairman of the People's Committee of a province or centrally governed city, and related organizations and individuals shall be responsible for implementing this Circular./.