Circular No. 07/2017/TT-BKHCN amending and supplementing certain Articles of Circular No. 27/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology.

CIRCULAR

Amending and supplementing certain articles of Circular No. 27/2012/TT-BKHCNdated December 12, 2012 issued by the Minister of Science and Technology regarding the state inspection of the quality of imported goods under the management responsibility ofMinistry of Science and Technology

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

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

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 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 Science and Technology issues this Circular amending and supplementing certain articles of Circular No. 27/2012/TT-BKHCN dated December 12, 2012 issued by the Minister of Science and Technology regarding the state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology.

Article 1. Amending and supplementing certain articles of Circular No. 27/2012/TT-BKHCN dated December 12, 2012 issued by the Minister of Science and Technology regarding the state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology as follows:

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

"Article 2. Objects to be inspected

1. Imported goods with potential safety risks (hereinafter referred to as Group 2 goods) shall be managed according to the relevant national technical regulations issued by the Ministry of Science and Technology and other goods with potential safety risks under the management responsibility of the Ministry of Science and Technology.

2. This Circular does not apply to imported goods as follows:

a) Luggage of incoming travelers; movable assets of organizations and individuals within the tax-exempt quota;

b) Goods of diplomatic organizations and international organizations within the tax-exempt quota;

c) Samples for advertising without usage value; samples for scientific research, production-related research; samples for testing to serve conformity assessment, certification according to national technical regulations, inter-laboratory testing;d) Goods temporarily imported for display and introduction at trade fairs and exhibitions;

đ) Gifts and presents within the tax-exempt quota;

e) Goods exchanged by border residents within the tax-exempt quota;

g) Goods traded under temporary import-re-export regime;

h) Goods in transit, transshipment, through transport;

i) Goods brought into bonded warehouses from abroad (this does not apply to goods brought from bonded warehouses into domestic markets for consumption);

k) Raw materials and components for processing for foreign traders, for export production;

l) Goods sold duty-free to outbound passengers (managed under the temporary import-re-export regime);

m) Goods re-imported for repair, recycling, destruction at the request of foreign partners;

n) Goods imported for urgent needs as directed by the Government;

o) Goods imported specifically for defense and security purposes;

p) Goods exempted or subject to reduced quality inspections on a case-by-case basis as specified by the Ministry of Science and Technology;

q) Other types of goods not intended for business (non-commercial categories) as prescribed by law.

3. For imported goods that are radioactive substances or products containing radioactive material, they shall be implemented in accordance with the Atomic Energy Law and detailed implementing regulations.

2. Supplement Clause 2a and amend Clause 3 of Article 4 as follows:

"2a. An importer is an organization or individual carrying out the importation of goods (the consignee) or an organization or individual, agent authorized by the consignee to import goods (the authorized representative).

3. A lot quality certificate includes one of the following documents:

a) Self-assessment results of the importer;

b) Certification or inspection results of a certifying or inspecting organization registered or recognized in accordance with the law;

c) Conformity assessment certification results of a designated certifying organization".

c) The result of the conformity assessment certification issued by the designated certification organization".

3. Amend and supplement Article 5 as follows:

"Article 5. Provisions on the quality of imported goods for clearance

1. In cases where imported goods are assessed based on the importer's self-assessment results:

a) The importer registers for quality inspection of imported goods in accordance with Form 1, DKKT issued together with Circular No. 27/2012/TT-BKHCN dated December 12, 2012, clearly stating that the importer self-assesses compliance and commits to product and goods quality being consistent with national technical regulations and announced standards, and fully assumes legal responsibility for product and goods quality. Within one working day, the inspection authority confirms the importer's registration for quality inspection of imported goods on the importer's registration form. The importer submits the registered form with the inspection authority's confirmation to the customs office to obtain clearance for the goods;

b) Within fifteen working days from the date of goods clearance, the importer must submit the self-assessment results in accordance with the regulations to the inspection authority. The self-assessment results include the following information: - Name of organization or individual; address; telephone, fax; - Product or goods name; - National technical regulation number; - Conclusion that the product or goods comply with national technical regulations; - Commitment to product or goods quality being consistent with national technical regulations and announced standards, and full legal responsibility for product and goods quality and self-assessment results. The importer is fully responsible for the self-assessment results and ensures that the goods comply with national technical regulations and announced standards. In case the goods do not comply with national technical regulations and announced standards, the importer must promptly report to the inspection authority and organize the handling and recall of these goods in accordance with the law.

2. In cases where imported goods are assessed based on the assessment results of certification organizations or inspection organizations that have been registered or recognized (hereinafter referred to as certification organizations or inspection organizations)

a) The importer registers for quality inspection of imported goods in accordance with Form 1. DKKT issued together with Circular No. 27/2012/TT-BKHCN dated December 12, 2012, and commits to product and goods quality being consistent with national technical regulations and announced standards, and full legal responsibility for product and goods quality. Within one working day, the inspection authority confirms the importer's registration for quality inspection of imported goods on the importer's registration form. The importer submits the registered form with the inspection authority's confirmation to the customs office to obtain clearance for the goods;

b) Within fifteen working days from the date of goods clearance, the importer must submit a certified true copy of the certification result or inspection result consistent with national technical regulations to the inspection authority. In cases where the goods have been evaluated at the exporting country by a certification organization in Vietnam or evaluated by a recognized certification organization, within three working days from the date of clearance, the importer must submit a certified true copy of the certification result consistent with national technical regulations to the inspection authority. The importer is fully responsible and ensures that the goods comply with national technical regulations and announced standards. In case the goods do not comply with national technical regulations and announced standards, the importer must promptly report to the inspection authority and organize the handling and recall of these goods in accordance with the law.

3. In cases where imported goods are assessed based on the assessment results of designated certification organizations

a) The importer registers for quality inspection of imported goods in accordance with Form 1. DKKT issued together with Circular No. 27/2012/TT-BKHCN dated December 12, 2012, and commits to product and goods quality being consistent with national technical regulations and announced standards, and full legal responsibility for product and goods quality, accompanied by a certified true copy of the certification result consistent with national technical regulations of the designated certification organization and other documents specified in Article 6 of Circular No. 27/2012/TT-BKHCN dated December 12, 2012;

b) The inspection authority issues a Notification of State Inspection Results on the Quality of Imported Goods. The procedures and formalities for processing import documents are carried out in accordance with Articles 7 and 8 of Circular No. 27/2012/TT-BKHCN dated December 12, 2012;

c) After receiving the Notification of State Inspection Results on the Quality of Imported Goods, the importer submits a certified true copy of this Notification to the customs office to clear the goods.

4. Supplementing Article 5a as follows:

"Article 5a. Provisions on quality inspection of imported goods in Group 2

1. For imported steel products (excluding steel reinforcement bars), implement the provisions set forth in Clause 1, Article 5 of this Circular. In case imported goods are found not to comply with national technical regulations or standards, or when complaints or reports about the self-assessment results are verified to be true, imported steel will be subject to the provisions set forth in Clause 2, Article 5 of this Circular.

2. For imported goods such as motorcycle helmets, children's toys, steel reinforcement bars, electrical and electronic equipment (safety, electromagnetic compatibility), implement the provisions set forth in Clause 2, Article 5 of this Circular.

3. For imported goods such as gasoline, diesel fuel, biofuel, liquefied petroleum gas (LPG), implement the provisions set forth in Clause 3, Article 5 of this Circular.

4. For other imported goods that may cause safety risks, they shall be inspected according to the provisions of the corresponding national technical regulations, which specify one of the cases provided for in Article 5 of this Circular.

5. Amend Point d, Clause 1, Article 6 as follows:

"d) Other related documents: Certified copies (by the importer) of the bill of lading; invoice; declaration of imported goods; certificate of origin (C/O) (if applicable); images or descriptions of goods containing mandatory information to be displayed on the product label and supplementary label (if the main label does not contain all required information); free circulation certificate CFS (if applicable)."

6. Amend Point b, Clause 2, Article 7 as follows:

"Inspect the mandatory information recorded on the product label; verify the consistency between the mandatory information on the product label and the import declaration dossier."

7. Supplement Article 9a as follows:

"Article 9a. Application of exemption from quality inspection for imported goods

a) For imported goods subject to the provisions of Clause 1 and Clause 2, Article 5 of this Circular, if they have the same name, function, brand, type, technical characteristics produced by the same manufacturer, origin imported by the same importer, after three consecutive imports within six months with satisfactory assessment results in compliance with national technical regulations, the inspection authority shall issue a written confirmation exempting state quality inspection for one year with the following information: name of goods, brand, type; technical characteristics; origin, manufacturer; quantity, weight of imported goods registered; unit of measurement. To be exempted from quality inspection of imported goods, the importer must submit a written request for exemption with the following information: name of goods, brand, type; technical characteristics; origin, manufacturer; quantity, weight of imported goods registered; unit of measurement; assessment results of compliance with national technical regulations for three consecutive times within six months.

b) During the period of exemption from state quality inspection of imported goods: - The importer must report once every three months on the import situation along with the assessment results of compliance with national technical regulations and published standards to the inspection authority for monitoring and post-inspection work. - The inspection authority has the right to conduct random inspections of imported consignments (if necessary).

c) During the exemption period, if imported goods circulating in the market are found not to comply with national technical regulations or published standards, or when complaints or reports about the assessment results of compliance are verified to be true, or through random inspections of imported consignments with unsatisfactory assessment results, the inspection authority shall issue a written notice to suspend the exemption regime. Annually, the inspection authority shall conduct inspections at the storage facilities of the importer. The procedures and contents of the inspection shall be carried out in accordance with Circular No. 26/2012/TT-BKHCN dated December 12, 2012 issued by the Minister of Science and Technology on state quality inspection of goods circulating in the market.

8. Amend Clause 1 and add Clause 4, Article 15 as follows:

"1. Provide the assessment results of compliance to the inspection authority and the importer within a maximum of seven days from the date of sampling for imported goods based on the assessment results of the designated certification organization. For imported goods based on the importer's self-assessment results or certification and appraisal results of certified or recognized organizations, the certification and appraisal organizations shall provide the assessment results of compliance to the importer immediately upon receipt of the assessment results to ensure that the importer submits these results to the inspection authority within fifteen working days from the date of clearance. In case of technical or objective reasons requiring an extension of the assessment period, the certification and appraisal organizations shall promptly inform the importer of the reasons and the deadline for providing the assessment results of compliance so that the importer can report to the inspection authority.

4. Report promptly to the inspection authority when violations by the importer are discovered."

9. Repeal Article 10.

Article 2. Effective Date

This Circular takes effect from October 1, 2017.

Article 3. Implementation Organization

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees under the central government, product and commodity quality inspection agencies, importers, and relevant agencies and organizations are responsible for implementing this Circular.

2. The Standardization, Metrology and Quality Control General Department shall guide and monitor the implementation of this Circular. Any difficulties or issues encountered during implementation should be reported in writing to the Ministry of Science and Technology through the Standardization, Metrology and Quality Control General Department for guidance or research on amendments and supplements to make it more appropriate.