Circular No. 130/2014/TT-BTC on the management of the quality of national reserve goods

CIRCULAR

Article 24Regarding the management of the quality of national reserve goods

Pursuant to the Law Domestic air passenger transport service on regular basic economy classThe Law on National Reserves No. 22/2012/QH13 dated November 20, 2012;

Pursuant to the Law on Product Quality No. 05/2007/QH12 dated November 21, 2007;

Pursuant to the Law on Technical Standards and Regulations No. 68/2006/QH11 dated June 29, 2006;

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;

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 Standards and Technical Regulations;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director General of the State Treasury Administration;

The Minister of Finance issues this Circular on the management of the quality of national reserve goods.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates requirements for managing the quality of national reserve goods; conditions ensuring the quality of national reserve goods during the process of warehousing entry, warehousing exit, and storage in national reserves; inspection, supervision, and reporting systems.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to activities of providing, receiving, and managing national reserve goods.

Article 3. Content of the management of the quality of national reserve goods

1. Requirements for managing the quality of national reserve goods.

2. Conditions ensuring the quality of national reserve goods.

3. Inspection and supervision of the quality of national reserve goods.

Chapter II

MANAGEMENT OF THE QUALITY OF NATIONAL RESERVE GOODS

Section 1

REQUIREMENTS FOR THE MANAGEMENT OF THE QUALITY OF NATIONAL RESERVE GOODS

Article 4. Basis for managing the quality of national reserve goods

1. National reserve goods must be managed according to the technical standards for national reserve goods or in accordance with relevant national technical standards and industry standards.

a) For goods that have national technical standards specifying specific quality criteria, they must comply with the provisions regarding quality indicators, technical characteristics, and usage features for each type of goods, and implement management measures as prescribed;

b) For goods that have national technical standards but only specify technical requirements according to groups of quality criteria without specifying specific quality criteria, apply the decisions of the Ministry of Finance or the competent ministry or sector managing national reserve goods (after obtaining written agreement from the Ministry of Finance) to establish specific quality criteria, technical characteristics, and usage features for each group of quality criteria specified in the national technical standards;

c) For goods that do not yet have national technical standards, apply relevant national standards, international standards, or regional standards. In cases where there are no such standards, apply enterprise standards, technical regulations of the production facility, or technical documentation of the manufacturer;

d) In cases where it is not possible to develop national technical standards for new goods entering reserves or to promptly amend and supplement the technical criteria of existing national technical standards due to changes in technical requirements or preservation technology, the competent ministry or sector managing national reserve goods shall establish temporary quality criteria and technical requirements for application after obtaining written agreement from the Ministry of Finance. Within a maximum period of eighteen months (18 months) from the date of adding new goods to reserves or from the date of changes in technical requirements or preservation technology, the competent ministry or sector managing national reserve goods must complete the development of national technical standards and submit them to the Ministry of Finance for issuance.

2. National reserve goods during the processes of warehousing entry, warehousing exit, and storage must comply with the relevant quality management regulations for each type of national reserve goods as stipulated in national technical standards and other documents.

3. National reserve goods during the processes of warehousing entry, warehousing exit, and storage must undergo quality inspections and supervision as stipulated in Section 3 of this Chapter. If necessary, inspection and supervision agencies may utilize conformity assessment bodies to conduct assessments according to the requirements specified in national technical standards for national reserve goods. Conformity assessment bodies must be independent, impartial, and responsible under the law for their results.

Article 5. Designation of conformity assessment organizations

1. Ministries and sectors managing national strategic reserves shall be responsible for reviewing, designating, and publicly announcing, in accordance with the provisions of the law, the list of organizations that meet the conditions to conduct conformity assessments for special and specialized national strategic reserve goods managed by the assigned ministries and sectors.

2. The results of conformity assessments conducted by designated organizations serve as a legal basis for evaluating the quality of national strategic reserve goods during the process of warehousing entry, warehousing exit, and storage; they also serve as a basis for state management work related to the quality of national strategic reserve goods.

3. The content of conformity assessments includes testing, inspection, certification, and quality verification of national strategic reserve goods.

4. Conformity assessment organizations that have been designated must satisfy the conditions stipulated in Clause 5, Article 25 of the Law on Product and Goods Quality.

5. Requirements, procedures, and formalities for designating conformity assessment organizations must comply with the regulations of the Ministry of Science and Technology and relevant laws.

6. The results of the designation of conformity assessment organizations for national strategic reserve goods by ministries and sectors managing such goods must be sent to the Ministry of Finance for monitoring and coordination in state management work.

Article 6. Costs of conformity assessments

1. For goods entering the warehouse: the entity supplying national strategic reserve goods must pay the costs to the designated organization conducting the conformity assessment. These costs are reflected in the tender documentation.

2. For goods stored in the warehouse and exiting the national strategic reserve: the entity directly managing the national strategic reserve goods must pay the costs to the designated organization conducting the conformity assessment. The funds for conformity assessments are sourced from the preservation budget for national strategic reserve goods provided by the State Budget.

Section 2

CONDITIONS TO ENSURE THE QUALITY OF NATIONAL STRATEGIC RESERVE GOODS

Article 7. Warehouses for National Strategic Reserve Goods

1. Warehouses for national strategic reserve goods must be constructed according to the planning approved by the competent authority, meeting the relevant legal requirements, and built to standards suitable for the technological preservation needs and specific characteristics of each type of national strategic reserve goods; ensuring compliance with the requirements set forth in the national technical regulations.

2. In cases where old warehouses, rented warehouses, or warehouses outside the national strategic reserve warehouse network planning are involved, the head of the national strategic reserve management unit must report annually on the condition of the warehouse before implementing the entry of goods, and seek approval from the competent authority for the use of the warehouse for storing national strategic reserve goods.

Article 8. Equipment and Tools for Preserving National Strategic Reserve Goods

1. For the Ministry of Finance, the Ministry of Defense, and the Ministry of Public Security

a) Units directly managing national strategic reserve goods must be equipped with equipment and tools suitable for the preservation technology of each type of national strategic reserve goods and must comply with the provisions of the national technical regulations;

b) Equipment and tools for preservation must have a list, quota, and technical standards;

c) The Minister of Defense and the Minister of Public Security shall issue quotas and technical standards for equipment and tools for preserving national strategic reserve goods within their respective jurisdictions. The Minister of Finance shall instruct the Director of the State General Reserve Administration to issue quotas and technical standards for equipment and tools for preserving national strategic reserve goods applicable to subordinate units under the administration.

2. For other ministries and sectors tasked with managing national strategic reserve goods, units tasked with preserving national strategic reserve goods, and units hired to preserve national strategic reserve goods must be fully equipped with preservation equipment and tools, meeting the conditions for warehousing entry, warehousing exit, and storage preservation of national strategic reserve goods in accordance with the national technical regulations for national strategic reserve goods.

Article 9. Qualification Standards for Technicians in National Reserve Storage and Warehouse Management (兼任收发和保管)

Technicians in national reserve storage and warehouse management (兼任收发和保管) must meet the business qualification standards as prescribed by the relevant specialized management ministry.

Section 3

INSPECTION AND QUALITY CONTROL OF NATIONAL RESERVE GOODS

Article 10. Responsibilities for Inspection and Quality Control of National Reserve Goods

1. In performing state management tasks related to national reserves: The Ministry of Finance shall be responsible for managing the quality of national reserve goods in accordance with Clause 1 of Article 70 of the Law on Product and Goods Quality; conducting inspections and checks on the quality of national reserve goods in accordance with Clause 1 of Article 45 and Article 52 of the Law on Product and Goods Quality; the State General Reserve Administration, under the Ministry of Finance, shall carry out state inspection and supervision functions regarding the quality of national reserve goods as assigned by the Ministry of Finance.

2. Ministries and sectors managing national reserve goods shall be responsible for organizing inspections and evaluations of the quality of national reserve goods and shall bear legal responsibility for the quality of national reserve goods they manage as assigned by the Government.

3. Heads of national reserve units shall be responsible for organizing inspections of the quality of national reserve goods before their entry into or exit from warehouses, during storage periods, in accordance with the law, and shall bear legal responsibility to their superiors for the quality of national reserve goods directly managed by their units.

Article 11. Quality Inspection of National Reserve Goods

1. Forms of Quality Inspection of National Reserve Goods

a) Inspection before entry into and exit from warehouses, and during storage;

b) Annual plan-based inspection and self-inspection for management purposes.

2. Plan for Quality Inspection of National Reserve Goods

a) Heads of ministries and sectors managing national reserve goods shall direct the establishment of plans for quality inspection of national reserve goods upon entry into and exit from warehouses, and during storage, in accordance with national technical standards for national reserve goods and the authority levels specified in Article 10 of the Circular;

b) Heads of ministries and sectors managing national reserve goods shall decide on annual self-inspection plans for the quality of national reserve goods based on management requirements and submit them to the Ministry of Finance (State General Reserve Administration) no later than November 30 of the previous year for consolidation;

c) Annual quality inspection plans for national reserve goods shall be carried out by specialized management agencies responsible for national reserves;

d) Unscheduled quality inspections of national reserve goods - Due to management requirements, ministries and sectors managing national reserve goods shall conduct unscheduled quality inspections of national reserve goods. Such unscheduled inspections must be approved by the competent authority; - National reserve units shall organize self-inspections of the quality of national reserve goods when there are changes in weather or climate conditions or in other emergency situations.

3. Bases for Quality Inspection of National Reserve Goods

a) Requirements for managing the quality of national reserve goods;

b) Requirements of superior management authorities;

c) Decisions on the entry into and exit from national reserve goods;

d) Provisions of national technical standards and regulations on quality inspection by the competent authority for national reserve goods during storage periods.

Article 12. Annual Quality Inspection of National Reserve Goods

1. Content of the quality inspection of national reserve goods

a) Inspection of the quality record of national reserve goods: The quality records of national reserve goods during the process of warehousing entry, warehousing exit, and storage, including legal documents on the quality standards of national reserve goods, inspection reports, handover documents, assessment results of the suitability of national reserve goods' quality during the warehousing entry, warehousing exit, storage preservation, and other related documents.

b) Inspection of the implementation of national technical standards regulations, temporary quality decisions (for new goods without standards), and current regulations (if required).

c) Direct inspection of the quality of national reserve goods or hiring an accredited organization to assess the quality of national reserve goods.

2. Implementation of the quality inspection of national reserve goods

a) Based on the approved annual inspection plan, the Director of the State Treasury General shall decide to conduct inspections and establish a Quality Inspection Team for national reserve goods.

b) Sampling for quality inspection of national reserve goods - Samples of national reserve goods are taken according to the sampling method prescribed in the national technical standards and national standards corresponding to each type of goods at national reserve units for direct inspection at the unit or sent to the designated conformity assessment organization as stipulated in Clause 4, Article 5 of this Circular for testing, inspection, and certification. In cases where there is no sampling method prescribed, samples are taken randomly with a minimum quantity sufficient for testing the required indicators; - After taking samples, they must be recorded in a sample receipt, sealed, or coded (if necessary); the sample receipt must have the signatures of the sampler and the representative of the sampled national reserve unit; the seal of the sample follows Model No. 03. TNPM attached as an appendix to this Circular; - The sample receipt is regulated according to Model No. 02.BBLM attached as an appendix to this Circular; - If the representative of the sampled national reserve unit does not sign the receipt, the receipt signed by the sampler and the inspection team leader still has legal validity.

c) Handing over samples: Samples for inspection are handed over to the inspection department (for indicators that the inspection team organizes self-inspection) or the conformity assessment organization and must be recorded in a sample handover receipt according to Model No. 04.BBBGM attached as an appendix to this Circular. Inspection samples are transferred to the inspection department or the designated conformity assessment organization within a maximum of ten days from the date of sample collection as prescribed.

d) Preparing inspection records or quality inspection certificates - When the inspection team conducts its own inspection of quality indicators, after obtaining the inspection results, the inspection team must prepare an inspection record; the national reserve goods quality inspection record follows Model No. 01.BBKT attached as an appendix to this Circular; - If the inspection team does not directly inspect the quality indicators of national reserve goods, it may choose a designated conformity assessment organization to conduct the inspection. The testing, inspection, certification results of the designated conformity assessment organization serve as the basis for the inspection team's conclusion and notification to the subsequent inspection handling agency after the inspection process; - If the inspection results show that the goods' quality does not meet requirements during the warehousing entry process, the inspection team immediately notifies the inspected unit of the inspection results so that it can work with the supplier to take appropriate measures.

đ) The inspection team and the inspected unit go through the quality inspection record of national reserve goods;

e) The inspection team concludes the inspection results of the quality of national reserve goods; reports the inspection results and recommendations to the inspected agency or unit; reports to the competent authority as prescribed.

3. Time limit for conducting a quality inspection of national reserve goods

a) For annual inspections decided by the Minister of Finance, the time limit is no more than thirty days;

b) For annual inspections decided by the Director of the State Treasury General, the time limit is no more than fifteen days;

c) For other inspections, the time limit is no more than five days;

d) The duration of an inspection is calculated from the date of announcing the inspection decision to the end of the inspection at the inspected location, excluding holidays and weekends.

Article 13. Inspection of National Reserve Goods Quality

The inspection of national reserve goods quality shall be carried out in accordance with the laws on inspection and specialized inspection. The content of the inspection of national reserve goods quality includes inspecting the compliance with legal provisions on managing the quality of national reserve goods, including:

1. Inspecting the compliance with national technical standards for national reserve goods, specific standards, and regulations regarding the quality of national reserve goods.

2. Inspecting the compliance with conditions ensuring the quality of national reserve goods concerning storage facilities, equipment and tools for preservation, preservation technicians, warehouse keepers, and preservation work of national reserve goods.

Article 14. Handling Violations of National Reserve Goods Quality

1. In cases where goods do not meet the quality criteria stipulated in the national technical standards, decisions on temporary quality issuance (for new goods without standards), and current regulations, the handling shall follow the principle:

a) For goods that fail to meet quality requirements due to subjective reasons of collectives or individuals, such collectives or individuals must compensate according to the extent of the decline in the quality of national reserve goods;

b) For cases where national reserve goods do not meet quality requirements due to objective reasons, the unit, organization, or individual responsible for managing national reserve goods must clearly identify the objective reasons and report to the competent authority for resolution.

2. In cases where the test results of samples do not comply with corresponding national technical standards or decisions on temporary quality issuance (for new goods without national technical standards), the following actions shall be taken:

a) Goods currently being stored in the national reserve warehouse: the inspection team requests the receiving unit to temporarily halt the receipt of goods; simultaneously, they request the national reserve unit to require the supplier to take corrective measures within the timeframe recorded in the inspection report. Goods not meeting quality requirements must be processed to ensure compliance with national technical standards before being admitted into the warehouse. The receipt of goods can only continue when the supplier ensures that the national reserve goods meet the required quality standards, and the receiving unit reports this in writing along with evidence to the inspection agency;

b) National reserve goods currently under preservation or during the process of being withdrawn from the warehouse: the inspection team records the requirement for the preservation unit to take corrective measures within the timeframe recorded in the inspection report and submit a written report on the completion of these measures.

3. In cases of administrative violations in managing the quality of national reserve goods, the inspection team shall record the administrative violation against the organization or individual involved and recommend the competent authority to handle it according to the law.

4. The file transferred to the competent authority for handling administrative violations related to the quality of national reserve goods includes:

a) Decision on quality inspection of national reserve goods according to the annual plan;

b) Inspection report of the inspection team;

c) Notification of sample testing results or evidence confirming that the goods do not meet quality requirements;

d) Record of violations in managing the quality of national reserve goods;

đ) Proposals for remedial measures;

e) Request for the competent authority to carry out procedures for handling administrative violations related to the quality of national reserve goods according to the law.

Chapter III

IMPLEMENTATION

Article 15. Responsibilities of the State Food Reserve Agency (National Food Reserve General Department)

1. Assist the Ministry of Finance in managing the quality of national reserve goods in accordance with the provisions of the law.

2. Be responsible for managing the quality of national reserve goods within the scope directly assigned to manage.

3. Summarize annually the situation of managing the quality of national reserve goods for the Ministry of Finance to report to the Ministry of Science and Technology.

Article 16. Responsibilities of ministries and sectors managing national reserve goods

1. Be responsible for the quality of national reserve goods within the scope directly assigned to manage.

2. Organize the implementation of quality management work for national reserve goods in accordance with this Circular; compile and submit reports to the Ministry of Finance (National Food Reserve General Department) for consolidation and reporting to the Ministry of Science and Technology (in accordance with Form No. 05. BCCL attached to this Circular).

3. Implement the reporting system as prescribed. Specifically:

a) Report on the quality management work of national reserve goods for the first six months of the year before July 30 each year;

b) Report on the quality management work of national reserve goods for the entire year before January 15 of the following year;

c) Submit ad hoc reports when there are requirements regarding the quality management of national reserve goods from competent authorities.

Article 17. Responsibilities of Heads of National Reserve Units

1. Directly be responsible for the quality and conditions ensuring the quality of national reserve goods within the scope directly assigned to manage.

2. Monitor, statistics, summarize and report the situation of quality and conditions ensuring the quality of national reserve goods to the direct superior management.

3. Comply with inspection and quality control work for national reserve goods in accordance with this Circular.

Article 18. Responsibilities of organizations and enterprises receiving contracts for storage services or assigned tasks to store national reserve goods.

1. Directly organize the implementation of storage services for national reserve goods in accordance with the signed storage service contract.

2. Be fully responsible for the quantity, quality, and types of national reserve goods during the storage period in accordance with the signed contract.

3. Comply with inspection and quality control work for national reserve goods in accordance with Section 3 Chapter II of this Circular.

Article 19. Implementation Provisions

This Circular shall take effect from November 1, 2014.

During the implementation process, if there are difficulties or obstacles, units are requested to promptly reflect them to the Ministry of Finance for research and resolution.