Circular No. 12/2022/TT-BGTVT stipulates the List of products and goods that may cause safety risks under the responsibility of the Ministry of Transport for state management.

CIRCULAR

Regulations on the List of Products and Goods with Potential to Cause Safety Hazards

under the Management Responsibility of the Ministry of Transport

Pursuant to the Law Road Traffic November 13, 2008;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007; lquantity of products and goods in November 21, 2007;

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;No. Article 8 of the Law on Product Qualityshalla;

On the basis of N |||Decree number 74/201August 8/NĐ-CP 15 the 5 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;1August 8 of the Government amending and supplementing certain Articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government;

On the basis of 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 the implementation of certain provisions of the Law on Product 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;

Based on Decree No. 12/2017/NĐ-CP dated 1October 0February 2017 of the GovernmentuRegulations on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the DepartmentưởDepartment of Science and Technology and the Director of the Vietnam Vehicle Inspection Agency;

Minister of the Ministry of Transporti promulgates this Circular regulating the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of TransportshallGoods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Transport.

Article 1. Scope of Regulation

This Circular stipulates on:

1. The List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Transport.

2. The Harmonized System (HS) code for the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Transport.

Article 2. Applicability

This Circular applies to:

1. Organizations and individuals, both domestic and foreign, engaged in production, business, design, construction, and installation of products and goods with potential to cause safety hazards under the Management Responsibility of the Ministry of Transport.

2. Organizations and individuals related to the management and quality assessment of products and goods with potential to cause safety hazards under the Management Responsibility of the Ministry of Transport.

Article 3. Principles for Managing the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Transport

1. The List of Products and Goods specified in Appendix I attached hereto shall apply the following principles:

a. For imported products and goods, they must be certified for technical safety and environmental protection according to regulations before clearance;

b. For domestically produced and assembled products and goods, they must be certified for technical safety and environmental protection according to regulations before being put on the market.

a) Imported products and goods must be certified for technical safety and environmental protection according to regulations, except as provided in point b of this clause;

b) Imported products and goods specified in Section E of Appendix II attached hereto for replacement and warranty purposes, if the quantity of such products and goods in a consignment is less than 100 units of the same type, organizations and individuals importing them may declare conformity based on self-assessment results or obtain certification for technical safety and environmental protection according to regulations if they so request;

c) Certification or declaration of conformity at points a and b of this clause shall be carried out after the imported products and goods have been cleared and before they are put on the market;

d) Domestically produced and assembled products and goods must be certified for technical safety and environmental protection according to regulations before being put on the market.

Article 4. Principles of Application

1. Imported products and goods listed in Appendices I and II attached hereto must be registered for state inspection of product and good quality.

2. In cases where the Harmonized System (HS) code of the products and goods only shows four digits, all eight-digit codes within the four-digit group shall be applied if they match the name stated in the Quality Certificate.

3. In cases where the Harmonized System (HS) code of the products and goods only shows six digits, all eight-digit codes within the six-digit group shall be applied if they match the name stated in the Quality Certificate.

4. In cases where the Harmonized System (HS) code specified in Appendices I and II attached hereto differs from the HS code in the List of Exported and Imported Products and Goods issued by the Ministry of Finance, the HS code issued by the Ministry of Finance shall be applied.

Article 5. Effective Date

1. This Circular shall take effect from August 15, 2022 and replace Circular No. 41/2018/TT-BGTVT dated July 30, 2018 of the Minister of the Ministry of Transport regulating the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Transport.

2. Imported products and goods that arrive at the port, customs checkpoint, or the date of declaration of import goods according to the Customs Law before the effective date of this Circular, and domestically produced and assembled products and goods that are shipped out before the effective date of this Circular shall comply with the provisions of Circular No. 41/2018/TT-BGTVT dated July 30, 2018 of the Minister of the Ministry of Transport regulating the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Transport.

3. In cases where laws, standards, and technical regulations referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced laws, standards, and technical regulations.

Article 6. Responsibility for Implementation

a) Implementing this Circular;

b) Reviewing the list of products and goods in their respective fields of management;

c) Cooperating with the Vietnam Vehicle Inspection Agency to submit to the Ministry of Transport for consideration and amendment of the list of products and goods with potential to cause safety hazards under their respective management responsibilities.

2. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly report to the Ministry of Transport for consideration and resolution.

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Highway Administration, the Director of the Vietnam Inland Waterways Administration, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Railway Administration, the Director of the Vietnam Civil Aviation Administration, the Director of the Vietnam Vehicle Inspection Agency, the Heads of relevant agencies and individuals are responsible for implementing this Circular./.