Circular No. 15/2013/TT-BKHCN amends and supplements Clause 2 of Article 5 of Circular No. 12/2010/TT-BKHCN dated July 30, 2010, issued by the Minister of Science and Technology guiding the management of quality and measurement in liquefied petroleum gas (LPG) business.

CIRCULAR

Amending and supplementing Clause 2 of Article 5 of Circular No. 12/2010/TT-BKHCN dated July 30, 2010

of the Minister of Science and Technology guiding quality management and measurement in liquefied petroleum gas trading

The Minister of Science and Technology issues this Circular to amend and supplement Clause 2 of Article 5 of Circular No. 12/2010/TT-BKHCN dated July 30, 2010 of the Minister of Science and Technology guiding quality management and measurement in liquefied petroleum gas trading.

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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;

Pursuant to Decree No. 107/2009/NĐ-CP dated November 26, 2009, promulgated by the Government on the business of liquefied petroleum gas;

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

Amending and supplementing Clause 2 of Article 5 of Circular No. 12/2010/TT-BKHCN dated July 30, 2010 of the Minister of Science and Technology guiding quality management and measurement in liquefied petroleum gas trading as follows:

Article 1. “2. Imported LPG must be assessed for conformity with the national technical regulation on liquefied petroleum gas (hereinafter referred to as QCVN 8:2012/BKHCN), and undergo state inspection of quality according to Circular No. 27/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology stipulating the state inspection of quality of imported goods under the responsibility of the Ministry of Science and Technology before completing customs clearance procedures. Within one working day from the date of receiving a complete and valid application for quality inspection, the inspection agency shall issue a notification of the results of the state inspection of quality of imported goods to the importer for customs clearance procedures for the consignment.

a) In case of not participating in signing agreements recognizing conformity assessment results for LPG with foreign conformity assessment organizations, the designated conformity assessment organization shall conduct conformity assessment for imported LPG in accordance with QCVN 8:2012/BKHCN.

b) In case of participating in signing and implementing agreements recognizing conformity assessment results for LPG with foreign conformity assessment organizations, the designated conformity assessment organization is permitted to use the conformity assessment results of foreign organizations that have signed such agreements to issue quality certificates for imported LPG and bear responsibility for its own conformity assessment results, while also taking samples from each consignment of imported LPG before completing the loading of LPG into storage tanks and testing all technical indicators specified in QCVN 08:2012/BKHCN.

Conformity assessment of LPG must be carried out at designated testing organizations.

+ The trader is responsible for temporarily suspending imports until the non-conforming consignment of imported LPG is processed, simultaneously stopping circulation, tracing the origin, recalling the non-conforming consignment of LPG (including LPG that has been mixed with other LPG) circulating in the market, taking corrective actions for the non-conforming consignment of LPG, and reporting to the quality inspection agency for consideration and handling according to current regulations.

- If the test results of the sample of the imported LPG consignment are in compliance with QCVN 08:2012/BKHCN, the designated conformity assessment organization is permitted to continue implementing the recognized agreement in accordance with the provisions.

- If the test results of the sample of the imported LPG consignment are not in compliance with QCVN 08:2012/BKHCN:

After two (02) consecutive consignments of imported LPG have conformity assessment results meeting the requirements of QCVN 8:2012/BKHCN, the conformity assessment organization may continue to implement the recognition agreement upon receipt of approval in writing from the General Department of Standardization, Metrology and Quality Control.”

+ The designated conformity assessment organization must suspend the implementation of the recognition agreement and conduct conformity assessment for subsequent consignments of imported LPG in accordance with Point a of this Clause.

3. During implementation, if there are any difficulties or emerging issues, it is requested that agencies, organizations, and individuals promptly reflect them in writing to the Ministry of Science and Technology (through the General Department of Standardization, Metrology and Quality Control) for consideration and decision./.

Article 2. Responsibility for implementation

1. The Standardization, Measurement, and Quality Control Department is responsible for guiding and organizing the implementation of this Circular.

2. Quality control agencies, LPG trading businesses, and related agencies, organizations, and individuals are responsible for implementing this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from August 30, 2013.

2. In cases where requirements for quality and measurement management in LPG trade differ from those stipulated in this Circular, they shall be implemented according to this Circular.

3. During the implementation process, if there are any obstacles or issues arising, it is recommended that agencies, organizations, and individuals promptly reflect them in writing to the Ministry of Science and Technology (through the Standardization, Measurement, and Quality Control General Department) for consideration and decision./.