Circular No. 16/2009/TT-BKHCN guiding state inspection of the quality of goods circulating in the market

CIRCULAR

Guidelines for State Inspection of the Quality of Goods Circulating in the Market

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;
Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;
Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;
Pursuant to Decree No. 89/2006/NĐ-CP dated August 30, 2006 of the Government on product labels;
The Minister of Science and Technology guides the contents, procedures, and formalities for state inspection of the quality of goods circulating in the market as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

1.1. These Circulars stipulate the contents, procedures, formalities, and organization of implementation of state inspection of the quality of goods circulating in the market.

1.2. These Circulars apply to product quality inspection agencies under various ministries, sectors, localities, and organizations and individuals related thereto.

2. Objects to be inspected

2.1. Goods circulating in the Vietnamese market.

2.2. Special-purpose goods for national defense and security are not subject to inspection under these Circulars.

In this technical regulation, the following terms are understood as follows:

In this Circular, the following terms are understood as follows:

3.1. State inspection of the quality of goods circulating in the market (hereinafter referred to as product quality inspection) involves reviewing and inspecting the results of conformity assessment, product labels, conformity marks, compliance marks, and accompanying documents of products and goods to be inspected; testing samples according to published standards when necessary.

3.2. Goods circulating in the market include goods put on the market, promotional goods, and goods stored in warehouses of retail establishments.

3.3. Other terms in these Circulars shall be interpreted in accordance with the provisions of Article 3 of the Law on Product and Goods Quality.

4. Basis for inspection

The basis for inspecting product quality includes technical standards, announced standards, labeling regulations, and other legal provisions.

5. Methods of product quality inspection

1. Inspections conducted annually according to plans approved by competent state authorities. These inspections do not require prior notice to businesses.

5.1. Annual inspection plans approved by competent state authorities.

5.1.1. The basis for developing annual inspection plans for the quality of goods circulating in the market is as follows:

5.1.1.1. Objectives and plans according to the requirements of specialized management agencies;

5.1.1.2. Results of inspections and surveys of the quality of goods circulating in the market;

5.1.1.3. Information from mass media about non-compliant goods;

5.1.1.4. Domestic, foreign, regional, and international warnings about the quality of goods.

5.1.2. The content of the inspection plan must reflect the following main points:

5.1.2.1. Objects of inspection;

5.1.2.2. Inspection areas;

5.1.2.3. Inspection time (by month);

5.1.2.4. Budget for organizing inspections;

5.1.2.5. Organizations responsible for implementation

5.2. Sudden inspections of product quality.

The basis for sudden inspections of the quality of goods circulating in the market is as follows:

5.2.1. At the request of specialized management agencies.

5.2.2. Complaints and reports about product quality.

5.2.3. Information from mass media about non-compliant goods.

5.2.4. Domestic, foreign, regional, and international warnings about the quality of goods.

6. Samples for testing to serve product quality inspections

6.1. Samples of goods purchased randomly from the market for testing at conformity assessment organizations designated to monitor the quality situation of goods in the market.

6.2. Samples of goods taken according to the procedures and formalities specified herein for testing at conformity assessment organizations designated to serve the inspection of goods circulating in the market that may not meet quality requirements. Specifically as follows:

6.2.1. Based on standard testing methods or technical regulations applicable to goods, the inspection team takes random samples sufficient in quantity to test all required indicators;

6.2.2. After taking the sample, it must be sealed with signatures of the sampler and a representative of the sampled entity. In cases where the representative of the sampled entity does not sign the record, the record signed by the sampler and the head of the inspection team still has legal validity;

6.2.3. A record of sample collection is established according to the model prescribed in Appendix III issued together with these Circulars;

6.2.4. The sample must be sent to the designated testing organization for testing.

b) Inspect the content and display of information warning about potential safety risks posed by products;

6.3. Costs for sampling and testing are regulated in Article 41 of the Law on Product and Goods Quality.

II. CONTENTS, PROCEDURES, AND HANDLING OF INSPECTION RESULTS

1. Contents of product quality inspection

1.1 Regarding product labels:

1.1.1. Inspect product labels in accordance with the law on product labeling;

1.1.2. Inspect the display of published standards, conformity marks, and compliance marks.

1.2. Regarding quality:

1.2.1. Inspect storage conditions of goods in accordance with regulations or stated on product labels;

1.2.2. Inspect the content and display of warning information about the potential danger of goods;

1.2.3. Inspect the conformity of goods with accompanying documents;

1.2.4. Inspect samples of goods collected according to Clause 6.2, Item 6, Part I of these Circulars for testing at designated conformity assessment organizations.

2. Procedures and formalities for inspection

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

2.1.1. Present the inspection decision before conducting the inspection according to the model prescribed in Appendix I issued together with these Circulars;

2.1.2. Conduct inspections according to the contents prescribed in Item 1 of this section;

2.1.3. Establish an inspection record according to the model prescribed in Appendix IIa issued together with these Circulars. The completed record must have signatures of representatives of the inspected entity and the inspection team. If the representative of the inspected entity does not sign the record, the record signed by the head of the inspection team and other members of the inspection team still has legal validity.

In cases where samples need to be taken, the inspection team collects samples according to the provisions of Item 6, Part I of these Circulars;

2.1.4. Report the inspection results and recommendations regarding the notification of non-compliant sample test results to organizations and individuals whose goods were inspected within five days from the date of receiving the sample test results according to the model prescribed in Appendix IV issued together with these Circulars;

2.1.5. Handle inspection results according to the provisions of Clauses 3, 4, and 5 of this section.

2.2. Quality inspectors conduct independent inspections according to the following procedures and formalities:

2.2.1. Present the quality inspector card before conducting the inspection;

2.2.2. Conduct inspections according to the contents prescribed in Item 1 of this section;

2.2.3. Prepare inspection records according to the model prescribed in Appendix IIb attached hereto. The completed record must be signed by the representative of the inspected entity and the quality inspector. In case the representative of the inspected entity does not sign the record, the record with the signature of the quality inspector and the witness still has legal validity.

2.2.4. Handle the inspection results in accordance with the provisions of Clauses 3, 4, and 5 of this Section.

3. Measures for handling cases where goods do not meet labeling requirements or goods that must be certified as compliant with technical regulations related to the production process but have not been implemented.

3.1. In cases where the Inspection Team does not include an Inspector or Market Surveillance Officer, or when the inspection is conducted independently by a Quality Inspector, the Inspection Team and Quality Inspector shall handle the matter in accordance with Article 13 of Decree No. 132/2008/NĐ-CP dated December 31, 2008, detailing certain provisions of the Law on Product and Goods Quality, specifically as follows:

3.1.1. The Inspection Team and Quality Inspector shall prepare a record and request the seller to temporarily stop selling the goods. Within no more than 24 hours, they must report to the product quality inspection agency so that the agency can issue a notice to suspend circulation of the goods according to the model prescribed in Appendix VI attached hereto and handle it within their authority.

3.1.2. The inspection agency will issue a notice allowing the goods to continue circulating in the market according to the model prescribed in Appendix VIII attached hereto when the seller has rectified the issues to meet the requirements and reported in writing to the inspection agency.

3.1.3. In cases where the non-compliant goods pose a risk to human safety, animal health, property, environment, or if the seller continues to violate and does not comply with the inspection agency's requirements, the product and goods quality inspection agency shall publicly announce the name of the seller, the location of sale, the name of the goods, and the non-compliance of the goods according to the model prescribed in Appendix IX attached hereto within seven working days from the date of the violation conclusion. At the same time, they shall recommend the specialized inspection agency and market management agency to handle the matter in accordance with the law.

3.2. In cases where the Inspection Team includes an Inspector or Market Surveillance Officer, the Inspection Team shall handle the matter in accordance with Point 3.1.1 of this Clause. If necessary, the Inspector or Market Surveillance Officer shall impose administrative penalties in accordance with the law.

4. Measures for handling cases where the test results of samples do not meet the published standards or corresponding technical regulations.

The inspection agency shall handle the matter in accordance with Clauses 2 and 3 of Article 40 of the Law on Product and Goods Quality, specifically as follows:

4.1. The Inspection Team must report the sample testing results to the inspection agency so that the agency can notify the seller of the non-conforming test results according to the model prescribed in Appendix IV attached hereto.

4.2. Require the seller to provide information related to the same type of goods, such as the quantity of remaining goods, sold goods, and contact the producer or importer to rectify and address the issues and fulfill their obligations under the law.

4.3. Issue a notice to temporarily suspend circulation of the non-compliant goods, seal the remaining goods at the inspected premises according to the model prescribed in Appendices VIIa and VIIb attached hereto.

4.4. In case there is disagreement with the sample testing results, within two days from receiving the notification of non-conforming test results, the seller may request an accredited organization to assess the quality of the remaining goods. The assessment result will serve as the basis for the inspection agency's final decision. The cost of the assessment will be borne by the seller.

4.5. In cases where there is sufficient evidence of non-compliance with published standards or corresponding technical regulations, or if the seller does not comply with the temporary suspension notice, the inspection agency shall recommend the specialized inspection agency and market management agency to handle the matter in accordance with the law, and simultaneously publicize the name of the seller, the location of sale, the name of the goods, and the non-compliance of the goods through mass media.

4.6. The inspection agency will only allow the goods to continue circulating in the market when the seller has rectified the issues and reported in writing to the inspection agency.

4.7. After discovering goods circulating in the market that do not conform to published standards or corresponding technical regulations, the inspection agency shall inform the inspection agency responsible for production to consider conducting a quality inspection at the production facility according to the provisions of Article 5 and handle it according to Article 6 of Decree No. 132/2008/NĐ-CP dated December 31, 2008, detailing certain provisions of the Law on Product and Goods Quality.

III. IMPLEMENTATION PROVISIONS

1. Responsibilities of the inspection agency in developing inspection plans.

1.1. Based on the provisions of Point 5.1 Clause 5 of Part I of this Circular, the inspection agency is responsible for developing annual inspection plans as follows:

1.1.1. Before June 30 each year, local inspection agencies must complete the development of the next year's plan for inspecting the quality of goods circulating in the market.

1.1.2. After being approved, the annual inspection plan of local inspection agencies must be reported to the central inspection agency of the relevant sector and sent to the Department of Science and Technology.

Before July 15 each year, the Department of Science and Technology shall compile the inspection plans of local inspection agencies and report to the People's Committee of the province or centrally governed city, and at the same time report to the Ministry of Science and Technology (Standardization, Measurement, and Quality Control General Department).

1.1.3. Before June 30 each year, central inspection agencies must complete the construction of their market circulation product quality inspection plans within their respective industries and fields.

After being approved, the market circulation product quality inspection plans of central inspection agencies must be reported to the industry management ministry and sent to the Ministry of Science and Technology (Standardization, Measurement, and Quality Control General Department).

1.1.4. Before July 15 each year, the Standardization, Measurement, and Quality Control General Department shall develop inter-ministerial inspection plans for submission to the Ministry of Science and Technology for approval to coordinate implementation.

2. Information Exchange During Inspection

The inspection agency has the responsibility to inform the results of surveys and inspections regarding non-compliant products to specialized product quality management agencies, specialized inspectors, market management agencies, and related agencies for their knowledge and cooperation.

3. Report on the situation and results of inspections

3.1. The inspection agency is responsible for compiling periodic six-month, annual, or ad hoc reports on inspection situations and results as required or during ad hoc inspections. The report content follows the model specified in Appendix V attached to this Circular, specifically as follows:

3.1.1. Local inspection agencies shall compile reports on the situation and results of market circulation product quality inspections under their responsibility and submit them to the supervising agency and send them to the Department of Science and Technology for compilation and reporting to the People's Committee of the province or centrally governed city and the Ministry of Science and Technology (Standardization, Measurement, and Quality Control General Department).

3.1.2. Central inspection agencies shall compile reports on the situation and results of market circulation product quality inspections under their management and submit them to the industry management ministry and send them to the Ministry of Science and Technology (Standardization, Measurement, and Quality Control General Department).

3.2. Based on the reports from localities, ministries, and sectors, the Ministry of Science and Technology will consolidate the reports and submit them to the Prime Minister.

4. Effective Date

This Circular shall take effect 45 days from the date of issuance.

5. Responsibility for Implementation

5.1. Ministries, ministerial-level agencies, government-affiliated agencies, provincial or centrally governed city people's committees, inspection agencies, organizations, individuals, and related agencies are responsible for implementing this Circular. The Standardization, Measurement, and Quality Control General Department shall provide guidance and monitor its implementation.

5.2. In the course of implementation, if there are difficulties or obstacles, the inspection agency shall promptly reflect these issues to the Standardization, Measurement, and Quality Control General Department for consolidation, proposal, and reporting to the Ministry of Science and Technology for consideration and decision.