Circular No. 17/2009/TT-BKHCN guiding the state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology

CIRCULAR

Guidelines for state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology.

||| Responsibilities of the Ministry of Science and Technology for management

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Pursuant to the Law on Product Quality dated November 21, 2007;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing a number of provisions of the Law on Product Quality;

Pursuant to Decree No. 89/2006/NĐ-CP dated August 30, 2006 of the Government on product labels;

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;

The Minister of Science and Technology guides the procedures, formalities, and contents of state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the contents, procedures, and formalities of state inspection of the quality of imported goods (hereinafter referred to as state inspection of the quality of imported goods) under the management responsibility of the Ministry of Science and Technology as prescribed in Clause 4, Article 69 of the Law on Product and Goods Quality.

Article 2. This Circular applies to agencies performing state management functions over product and goods quality, organizations and individuals importing goods (hereinafter collectively referred to as importers), and organizations and individuals related to the state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology.

Article 2. Objects to be inspected

1. Imported goods entering Vietnam that belong to the List of Goods with Potential to Cause Safety Hazards (hereinafter referred to as the List of Group 2 Goods).

For goods not included in Group 2 of the List of Goods, which are imported into Vietnam with potential risks of causing safety hazards or goods that may cause safety hazards according to warnings from international, regional, or foreign organizations, they may be inspected in accordance with this Circular.

This Circular does not apply to imported goods that are personal luggage, diplomatic luggage, samples, exhibition goods, gifts; temporary importation-re-exportation goods, transit goods, goods stored in bonded warehouses; goods processed by Vietnamese enterprises for foreign traders; equipment and machinery imported for investment projects; goods in the field of national security, state secrets, nuclear radiation safety, and other types of goods not intended for business purposes as prescribed by law..

Article 3. Basis for Inspection

The basis for inspecting the quality of goods is technical regulations, standards announced for application to goods, labeling requirements, and other relevant legal provisions.

Article 4. Definitions

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

1. A consignment is a set of a single type of goods determined by quantity, having the same name, function, brand, model, technical characteristics, produced by the same production facility, and belonging to the same import dossier.

2. Inspection agencies are agencies assigned and classified to perform state management tasks regarding quality for products and goods under the management responsibility of the Ministry of Science and Technology:

a) The Goods Quality Management Department under the Standardization, Measurement, and Quality Control General Department;

b) Provincial or centrally-administered city Standardization, Metrology, and Quality Control Sub-departments located at border gates or inspection points for imported goods within their jurisdiction.

3. Quality certificates include:

a) Conformity certificates for products and goods meeting corresponding technical regulations within their validity period, issued by designated or recognized certification organizations;

b) Quality certificates and quality inspection reports for consignments meeting corresponding technical regulations and announced standards for goods, issued by designated or recognized certification or inspection organizations;

c) System certification certificates for products and goods requiring system certification.

Article 5. Conditions regarding quality for imported goods to be cleared for import

Article 1. Imported goods subject to state inspection of quality can only be cleared when the inspection agency specified in Clause 2, Article 4 of this Circular issues a notification of the results of state inspection of the quality of imported goods meeting quality requirements as prescribed in Appendix III of this Circular.

Article 2. In cases where customs authorities allow temporary clearance before quality inspection, the customs authority will only allow temporary clearance after the importer has registered for state inspection of the quality of imported goods at the inspection agency as prescribed in Appendix I of this Circular. After temporary clearance, the importer must contact the inspection agency to conduct the quality inspection of imported goods as prescribed in Article 7, procedures, formalities, and handling as prescribed in Article 8 of this Circular. The customs authority will only process formal clearance when the goods meet the requirements stipulated in Clause 1 of this Article.

In cases where customs authorities allow temporary clearance before quality inspection, the importer shall not be allowed to put such goods into circulation on the market until the quality inspection of imported goods is completed as prescribed in this Circular.

Article 6. Documents for Registration of Quality Inspection

The documents for registration of quality inspection of importers include:

1. Certificate "State Quality Inspection Registration for Imported Goods" according to the model prescribed in Appendix I. attached hereto;

2. Photocopies of the following documents: Contract (Contract), List of goods attached (Packing list);

3. One or more certified copies of quality certificates;

4. Other related documents: Certified copies (endorsed by the importer) of the bill of lading (Bill of Lading); from (Invoice); import declaration; certificate of origin (if applicable) (C/O-Certificate of Origin); photos or descriptions of goods; samples of imported product labels already affixed with conformity marks and additional labels (if the main label does not contain sufficient information as required).

Chapter II

CONTENTS, PROCEDURES, AND FORMALITIES FOR INSPECTION

Article 7. Content of Inspections

The inspection agency shall conduct inspections according to the following contents:

1. Check the completeness of the documents for registration of quality inspection of imported goods.

2. Verify the compatibility of the contents of the quality certificate of the imported goods batch with technical regulations requirements, published standards, and current regulations.

3. Inspect the product label sample and conformity mark:

a) Inspect mandatory information on the label (and additional label) including the name of the goods, the name and address of the organization or individual responsible for the goods; origin of the goods and other information specified for each type of goods; compatibility of the label sample with the import declaration dossier of the goods batch;

b) Inspect the position, color, size, and language presentation of the label;

c) Inspect the display of the conformity mark on the goods or packaging.

4. For imported goods listed in Group 2 with new characteristics potentially causing safety risks that are not regulated in corresponding technical regulations or goods not listed in Group 2, first appearing in Vietnam or reported by international, regional, or foreign organizations as potentially causing safety risks, the importer must register and provide proof demonstrating that the goods ensure safety for people, animals, plants, property, and the environment according to regulations and must be accepted by the Ministry of Science and Technology.

5. In cases where imported goods circulating in the market do not meet quality requirements, the inspection agency applies enhanced import inspection measures for such goods, and when requested, the importer must conduct certification or testing for compliance of the imported goods batch at designated conformity assessment organizations. Certification or testing costs are borne by the importer.

6. In cases of complaints, accusations, or doubts about the conformity assessment results, the inspection agency will take samples for testing according to the following provisions:

a) Based on standards for testing methods or technical regulations for goods, the inspection agency takes samples of imported goods using random sampling methods, ensuring enough quantity for testing all necessary indicators;

b) After taking the samples, they must be sealed and a sample collection record must be established according to the model prescribed in Appendix V issued along with this Circular;

c) The samples must be sent to designated testing organizations for testing.

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

d) Sample collection and testing costs are as follows:

Costs for sample collection and testing for quality inspection of imported goods as stipulated in Clause 6, Article 7 of this Circular shall be borne by the inspection agency. These costs are allocated within the budget of the inspection agency's operational activities.

If the testing results show that the imported goods do not comply with published standards or corresponding technical regulations, the importer must pay the costs for sample collection and testing to the inspection agency.

7. In cases where the importer disagrees with the testing results of the samples as stipulated in Point c, Clause 6, Article 7 of this Circular, within two days from receiving the testing results, the importer must respond in writing and may request a designated conformity assessment organization to conduct a quality assessment of the imported goods batch. The conformity assessment result serves as the basis for the inspection agency's final decision and conclusion. Conformity assessment costs are borne by the importer.

Article 8. Procedure, formalities, and handling during the inspection process

The inspection agency conducts inspections according to the following steps:

1. Accepting the quality inspection registration documents of the importer.

2. Checking the completeness of the quality inspection registration documents immediately upon receipt of the documents according to the model prescribed in Appendix II issued along with this Circular:

a) In case the documents are complete: Accept the quality inspection registration documents of the importer and proceed with subsequent inspection steps as prescribed;

b) In case the documents are incomplete: Accept the quality inspection registration documents of the importer, simultaneously confirm the missing sections of the documents, and require the importer to supplement and complete the documents within the specified time frame. Subsequent inspection steps can only be carried out after the importer has completed the documents fully.

In cases where imported goods cannot complete the documents, the inspection agency handles it according to the provisions of Point b, Clause 4, Article 8 of this Circular..

3. When the documents are complete, within three working days from the date of receipt of the quality inspection registration documents, the inspection agency conducts inspections according to the contents prescribed in Clauses 2, 3, and 4, Article 7 of this Circular and processes as follows:

a) In case the quality documents are complete and compatible, the inspection agency must issue a notification of state quality inspection results for imported goods meeting quality requirements according to the model prescribed in Appendix III issued along with this Circular, sending it to the importer and customs authority as the basis for clearance procedures for the goods batch.

b) In case the documents are incompatible, the inspection agency processes as follows:

If the goods do not meet labeling requirements, the inspection agency issues a notification of state quality inspection results for imported goods not meeting quality requirements in accordance with the model prescribed in Appendix III issued together with this Circular. The content of the notification clearly states the non-compliant items sent to the Customs authority and the importer, and simultaneously requests the importer to rectify the product labeling within the specified timeframe. The inspection agency will only issue a Notification of Import Consignment Meeting Quality Requirements when the importer provides evidence of satisfactory corrective actions.

In cases where imported goods have quality certificates that do not match the import consignment's documentation or the quality certificate does not comply with the published standards or corresponding technical regulations, the inspection agency shall issue a Notification of State Quality Inspection Results for Imported Goods Not Meeting Quality Requirements in accordance with the model prescribed in Appendix III issued together with this Circular. The content of the notification clearly states the non-compliant items sent to the Customs authority and the importer. The importer may have the conformity assessment or verification conducted by a designated conformity assessment body for that import consignment. The costs for such conformity assessment or verification shall be borne by the importer for the conformity assessment body.

If the conformity assessment results meet the quality requirements, the inspection agency shall handle it in accordance with point a, Clause 4, Article 8 of this Circular.

If the conformity assessment results do not meet the quality requirements, the inspection agency shall handle it in accordance with point b, Clause 4, Article 8 of this Circular.

4. When reviewing the documentation and discovering that the imported goods require inspection according to the provisions of Clauses 5 and 6, Article 7 of this Circular, the inspection agency shall issue a Notification of State Quality Inspection Results for Imported Goods within three working days from the date of receiving the application for quality inspection. The notification must clearly state the items requiring further inspection and send it to the Customs authority and the importer, while conducting inspections as stipulated in Clauses 5 and 6, Article 7 of this Circular. The results shall be handled as follows:

a) If the conformity assessment results of the imported goods comply with the published standards or corresponding technical regulations, within three working days from the date of obtaining the conformity assessment results, the inspection agency shall issue a Notification of State Quality Inspection Results for Imported Goods Meeting Quality Requirements in accordance with the model prescribed in Appendix III issued together with this Circular, to be sent to the importer and the Customs authority for clearance procedures for the consignment.

b) If the importer fails to complete the documentation within the specified time or if the conformity assessment results of the imported goods do not comply with the published standards or corresponding technical regulations, within three working days from the expiration of the supplementary documentation period or from the date of obtaining the conformity assessment results, the inspection agency shall issue a Notification of State Quality Inspection Results for Imported Goods Not Meeting Quality Requirements in accordance with the model prescribed in Appendix III issued together with this Circular, to be sent to the importer and the Customs authority. At the same time, report to the superior management agency in accordance with the model prescribed in Appendix IV issued together with this Circular for handling in accordance with the authority stipulated at points a, b, c, Clause 2, Article 8 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product and Goods Quality. meeting quality requirements in accordance with the model prescribed in Appendix III issued together with this Circular, to be sent to the importer and the Customs authority. At the same time, report to the superior management agency in accordance with the model prescribed in Appendix IV issued together with this Circular for handling in accordance with the authority stipulated at points a, b, c, Clause 2, Article 8 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product and Goods Quality.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of the General Department of Standardization, Measurement and Quality

1. Guide business operations and inspect the activities of conformity assessment organizations designated and inspection agencies under the management of the Ministry of Science and Technology in the quality inspection of imported goods.

2. Direct and handle cases of imported goods that do not meet quality requirements reported by the Directorate for Quality of Goods.

Article 10. Responsibilities of the Directorate for Quality of Goods under the General Department of Standardization, Measurement and Quality

1. Implement quality inspections on imported goods such as gasoline, diesel fuel, and other types of goods according to the guidance of the General Department of Standardization, Measurement and Quality. Handle according to the authority prescribed by laws on product and commodity quality.

2. Serve as the focal point for receiving, processing information, and reporting from central inspection agencies, provinces, and cities to compile and report to the General Department of Standardization, Measurement and Quality on the situation and results of quality inspections of imported goods to the Ministry of Science and Technology in accordance with the form specified in Appendix VI of this Circular.

Article 11. Responsibilities of the Department of Science and Technology

1. Direct and handle cases of imported goods that do not meet quality requirements reported by the District Standardization, Measurement and Quality Control Agency.

2. Compile and report to the People's Committee of the province, the Ministry of Science and Technology (General Department of Standardization, Measurement and Quality) on the situation and results of quality inspections of imported goods within the province.

Article 12. Responsibilities of the District Standardization, Measurement and Quality Control Agency

1. Organize the implementation of quality inspections on goods (excluding gasoline and diesel fuel) under the management of the Ministry of Science and Technology at border gates within its jurisdiction. Handle according to the authority prescribed by laws on product and commodity quality.

2. Report to the Department of Science and Technology on the situation and results of quality inspections of imported goods within the province in accordance with the form specified in Appendix VI of this Circular.

Article 13. Responsibilities of Conformity Assessment Organizations Required

1. Conformity assessment organizations required have the responsibility to provide conformity assessment results to inspection agencies and importers within the prescribed time.

2. Comply with other obligations as prescribed by laws on product and commodity quality.

Article 14. Responsibilities of related parties in handling imported goods that do not meet quality requirements

1. The importer shall be responsible for:

a) Register and comply with regulations on quality inspection of imported goods for goods in Group 2 or when requested by inspection agencies;

b) Fulfill the requirements of competent authorities deciding on re-export or destruction of goods that must be re-exported or destroyed;

c) Comply with other obligations as prescribed by laws on product and commodity quality.

2. For goods that must be recycled, the inspection agency shall be responsible for inspecting the quality of products and commodities after recycling and report to the competent state authority the inspection results to notify the Customs Office and other relevant agencies.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect 45 days from the date of issuance.

Article 16. Responsibilities of Ministries managing industries and sectors

According to this Circular, Ministries managing industries and sectors shall guide state inspection of the quality of imported goods within their assigned management scope.

Article 17. Responsibility for Implementation

Quality product and commodity inspection agencies, importers, and related agencies are responsible for implementing this Circular. The Standardization, Measurement, and Quality Control General Department shall provide guidance and monitor the implementation of this Circular.

During the implementation process, if there are difficulties or obstacles, inspection agencies shall promptly report them to the Standardization, Measurement, and Quality Control General Department for consolidation and proposal of reports to the Ministry for guidance and amendment.