Circular No. 12/2017/TT-BKHCN Amending and supplementing certain Articles of Circular No. 26/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology on the State inspection of the quality of goods circulating in the market

CIRCULAR

Amending and supplementing some articles of Circular No. 26/2012/TT-BKHCN

dated December 12, 2012 issued by the Minister of Science and Technology

qstipulating state inspection on the quality of goods

circulating in the marketg

_______________________

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WHEREAS,ứ Government Decree No. 43/2017/NĐ-CP dated 1April 4, 2017 of the GovernmentDeputy ministers of ministerial-level agencies, von labeling of goods;

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At the proposal of the General Director of the Standardization, Measurement and Quality Control Department and the Director of the Legal Department,

2. The following legal documents shall cease to be effective according to the implementation timeline set forth in Article 3 and transitional provisions in Article 4 of this Circular:ngtechnologyhereby promulgates this Circular amending and supplementing some articles of Circular No. 26/2012/TT-BKHCN dated December 12, 2012 issued by the Minister of Science and Technology qstipulating state inspection on the quality of goods circulating in the market.

Article 1. Amending and supplementing some articles of Circular No. 26/2012/TT-BKHCN dated December 12, 2012 issued by the Minister of Science and Technology stipulating state inspection on the quality of goods circulating in the market

"2. Guaranteed electricity consumption (hereinafter referred to as guaranteed consumption) includes:

"2. Other terms in this Circular shall be interpreted according to the definition provided in Article 3 of the Law on Product Quality and Goods Quality."

2. Amending and supplementing Point a Clause 2 Article 5 as follows:

"a) In accordance with the management requirements for product and goods quality."

3. Amending and supplementing Point a, Point c Clause 2 Article 6 as follows:

"a) Samples are taken according to the sampling method prescribed in the relevant technical standards or regulations. If there is no regulation on the sampling method, samples are taken randomly with sufficient quantity to test the required indicators. Each sample is divided into two units, one unit for testing and the other stored at the inspection agency. Depending on the type of goods and shelf life, the inspection team records in the sampling record the storage period of the sample at the inspection agency but not exceeding 90 days from the date of testing results. After the storage period, the inspection agency handles the stored sample according to the regulations.

c) The goods sample must be sent to an organization that has been certified to conduct testing or designated by the competent authority to perform testing according to the law. The testing result of an organization that has been certified or designated by the competent authority is the legal basis for the inspection agency to proceed with handling during the inspection process."

4. To amend and supplement Article 7 as follows:

"Article 7. Content of quality inspection of goods
1. Regarding goods labeling:

a) Inspect goods labeling according to the law on goods labeling;

b) Inspect the display of applicable standards, conformity marks, compliance marks, codes, barcodes according to the law.

2. Regarding quality:

a) Inspect the storage conditions of goods according to the relevant technical standards or regulations or declared on the goods label;

b) Inspect the conformity of goods with technical standards, applicable standards, accompanying documents; In case sampling is necessary, the inspection team takes samples according to Clause 2 Article 6 of this Circular."

5. Amend Clause 1 of Article 8 as follows:

"1. The inspection team conducts inspections according to the following procedures and formalities:

a) Present the inspection decision according to Model 2a. QĐKT Appendix attached to this Circular before conducting the inspection;

b) Conduct inspection according to Article 7 of this Circular;

c) Prepare the inspection record according to Model 3a. BBKT Appendix attached to this Circular. The inspection record must have the signature of the representative of the inspected entity and the inspection team. In case the representative of the inspected entity does not sign the record, the inspection team records in the record "the representative of the inspected entity did not sign the record" and clearly states the reason for not signing the record, in which case the record signed by the head of the inspection team and the members of the inspection team still has legal validity. In case the inspection team takes samples, they must prepare the sampling record according to Model 4. BBLM Appendix attached to this Circular, requesting the inspected entity to provide invoices and related documents for the sampled goods and determine the quantity of goods at the time of sampling;

d) Report the inspection results to the inspection agency; handle and recommend handling the inspection results according to Article 9 of this Circular."

d) Report to the inspection agency on the results of the inspection; handle or recommend handling of the inspection results in accordance with Article 9 of this Circular".

6. Renaming Article 9, amending and supplementing Clause 2, Clause 4 of Article 9 as follows:

"Article 9. Handling inspection results

2. In case the tested sample of goods does not meet the applicable standard, conformity certification standard, or corresponding technical standard, the inspection agency, inspection team, and quality control inspector handle it as follows:

a) Within no more than 24 hours, the inspection team must report to the inspection agency about the non-conforming test results of the sample.

Within no more than 2 working days from receiving the test result certificate, the inspection agency must issue a notice to temporarily suspend circulation of the goods according to Model 5. TBTDLT Appendix attached to this Circular;

b) Require the seller to provide information related to the same type of goods such as remaining stock, sold quantity, and contact the producer or importer to address the issue, rectify, repair, and fulfill obligations under the law; prepare the sealing record according to Model 7a. BBNP-ĐKT or Model 7b. BBNP-KSVCL Appendix attached to this Circular and seal the remaining goods at the inspected entity according to Model 7c. TNPHH Appendix attached to this Circular. In case the representative of the inspected entity does not sign the record, the representative of the inspection team and quality control inspector record in the record "the representative of the inspected entity did not sign the record" and clearly state the reason for not signing the record, in which case the record signed by the representative of the inspection team and quality control inspector still has legal validity;

c) The inspection agency handles according to its authority and transfers the file and recommendation to the authorized person or competent authority for handling according to the law."

d) After receiving the notification on the result of handling the violation from the competent authority or state administrative body with competence, within three working days, the representative of the inspection team or quality control inspector shall open the seal on the goods according to Model 8c. BBMNP-ĐKT or Model 8d. BBMNP-KSVCL attached as an appendix to this Circular for the inspected entity to cooperate with the producer or importer to take corrective actions and fulfill their obligations as prescribed by law. Upon completion of the correction, the inspected entity shall report in writing to the inspection agency to conduct re-inspection and sampling tests on non-compliant criteria. The inspection agency shall issue a notification allowing the goods to continue circulating in the market according to Model 9. TBTTLT attached as an appendix to this Circular when the inspection and testing results comply with the provisions of the law.

4. During the inspection process, if administrative violations are discovered, the head of the inspection team shall prepare an administrative violation record and recommend that the inspection agency transfer the case file and recommendation to the competent authority or state administrative body with competence for handling in accordance with the provisions of the law.

In cases where administrative violations are detected based on the test results, the head of the inspection team shall prepare an administrative violation record, or the inspection agency shall transfer the case file and recommendation to the cooperating agency to prepare an administrative violation record and handle the administrative violation in accordance with the provisions of the law."

7. Amend and supplement Clause 1 of Article 12 as follows:

"1. The inspection agency shall be responsible for compiling and reporting the situation and results of inspections annually or at any time upon request. The content of the report shall be in accordance with Model 6. BBCTKT attached as an appendix to this Circular, specifically as follows:..."

8. Replace and supplement the models prescribed in the appendix attached to this Circular as follows:

a) Replace Model 4a. BBLM, Model 8a. BBNP-ĐKT, Model 8b. BBNP-KSVCL with Model 4. BBLM, Model 7a. BBNP-ĐKT, Model 7b. BBNP-KSVCL as prescribed in the appendix attached to this Circular;

b) Replace Model 5. TBKQTNKĐ, Model 7. TBTDLT with Model 5. TBTDLT as prescribed in the appendix attached to this Circular;

c) Supplement Model 7c. TNPHH regarding Seals on Goods, Model 8c. BBMNP-ĐKT regarding Inspection Team's Record of Opening Seals on Goods, Model 8d. BBMNP-KSVCL regarding Quality Control Inspector's Record of Opening Seals on Goods as prescribed in the appendix attached to this Circular.

Article 2. Effective Date

This Circular takes effect from January 1, 2018.

Article 3. Implementation Organization

1. The General Department of Standardization, Metrology and Quality Control shall be responsible for guiding the implementation of this Circular.

2. If there are difficulties or obstacles during the implementation, agencies, organizations, and individuals shall promptly reflect them to the Ministry of Science and Technology for guidance or research on amendments and supplements to ensure compliance.

3. The Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular./.