Circular No. 22/2010/TT-BKHCN stipulates on the issuance and inspection of Free Circulation Certificates (CFS) for export and import products and goods under the management responsibility of the Ministry of Science and Technology.

CIRCULAR

Regulations on issuing and inspecting Certificates of Free Sale for products and goods subject to the management responsibility of the Ministry of Science and Technology for export and import purposes.

Regulations on issuing and inspecting Certificates of Free Sale for products and goods subject to the management responsibility of the Ministry of Science and Technology for export and import purposes.

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Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

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 Decision No. 10/2010/QĐ-TTg dated February 10, 2010 of the Prime Minister regarding the Certificate of Free Sale for exported and imported products and goods;

The Minister of Science and Technology hereby stipulates regulations on issuing and inspecting Certificates of Free Sale for products and goods subject to the management responsibility of the Ministry of Science and Technology for export and import purposes as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates conditions, procedures, and formalities for issuing, reissuing, and revoking Certificates of Free Sale (CFS) for domestically produced products intended for export; and inspection of CFS for imported goods intended for circulation in Vietnam under the management responsibility of the Ministry of Science and Technology.

Article 2. This Circular does not apply to nuclear radiation safety equipment.

Article 2. Applicability

This Circular applies to the following subjects:

1. Applicants for CFS include: exporters, manufacturers, and authorized representatives of exporters or manufacturers of products and goods under the management responsibility of the Ministry of Science and Technology.

2. State management agencies and organizations and individuals related to product and good quality.

Chapter II

ARTICLE ON CONDITIONS, PROCEDURES, AND FORMALITIES FOR ISSUING, REISSUING, AND REVOKING CFS FOR EXPORTED PRODUCTS AND GOODS

FOR EXPORTED PRODUCTS AND GOODS

Article 3. Conditions for Issuing CFS

Domestic products and goods intended for export under the management responsibility of the Ministry of Science and Technology as specified in Appendix I attached hereto shall be issued CFS when meeting the following conditions:

1. There is a request from the applicant for CFS.

2. There are published standards applicable and evidence proving that the product or good complies with the published standard.

Article 4. Procedures and Formalities for Issuing CFS

1. Registration of Business Records

The applicant for CFS must register business records at the General Department of Standardization, Metrology, and Quality Control when applying for CFS for the first time and may only be considered for issuance of CFS after registering business records.

The registration of business records shall be carried out in accordance with Clause 9 of Decision No. 10/2010/QĐ-TTg dated February 10, 2010 of the Prime Minister regarding the Certificate of Free Sale for exported and imported products and goods (hereinafter referred to as Decision No. 10/2010/QĐ-TTg).

2. Submission of Application for CFS

The applicant for CFS who wishes to obtain CFS for exporting products and goods shall prepare one set of application documents and submit it to the General Department of Standardization, Metrology, and Quality Control. The application package includes:

a) An application form for CFS according to the model prescribed in Appendix II attached hereto;

b) Published standards (original copy) accompanied by evidence proving that the product or good complies with the published standard.

3. Examination of Application and Issuance of CFS

a) In case the application is complete and valid

Within five working days from the date of receipt of a complete and valid application, the General Department of Standardization, Metrology, and Quality Control shall examine the application and issue CFS for the product or good according to the model prescribed in Appendix III attached hereto. The CFS is valid for two years from the date of issuance.

b) In case the application is incomplete

The General Department of Standardization, Metrology, and Quality Control shall return the application and guide the applicant to supplement and perfect the application.

c) In case the examination of the application reveals insufficient grounds for issuing CFS or detects signs of violation of laws concerning previously issued CFS, the General Department of Standardization, Metrology, and Quality Control may conduct on-site inspections at the place of production or designate a competent organization to assess conformity to the published standards. The cost of inspection and assessment shall be borne by the applicant for CFS. After obtaining the results of the assessment and on-site inspection, the General Department of Standardization, Metrology, and Quality Control shall proceed as follows:

- Issue CFS according to the provisions of point a of this clause if the supplementary application for CFS is complete and valid;

- Notify the applicant for CFS in writing of the refusal to issue CFS if the product or good does not meet the conditions for issuing CFS stipulated in Article 3 of this Circular or if the application contains conflicting contents or false certificates.

Article 5. Reissuing the CFS

1. Cases where the CFS is still valid

Within the validity period of the CFS, if the applicant requests to reissue an authenticated copy of the CFS due to loss, misplacement, or damage of the original CFS, the applicant must submit an application for reissuing an authenticated copy of the original CFS according to the form prescribed in Appendix IV attached to this Circular.

Within no more than five working days, the General Department of Standardization, Metrology, and Quality Control will issue an authenticated copy of the original CFS according to the form prescribed in Appendix V attached to this Circular if the information in the application for reissuing the CFS is verified and consistent with the information in the original CFS file retained by the General Department of Standardization, Metrology, and Quality Control. This copy will bear the issuance date and validity period of the original CFS.

In cases where the information in the application for reissuing the CFS contradicts or is inconsistent with the information in the original CFS file, the General Department of Standardization, Metrology, and Quality Control will issue a written notice refusing to reissue an authenticated copy of the original CFS.

2. Cases where the CFS has exceeded its validity period

When the issued CFS has exceeded its validity period, if there is a need to reissue the CFS, the applicant must follow the provisions set out in Clause 2, Article 4 of this Circular.

Article 6. Revoking Issued CFS

The revocation of issued CFS shall be carried out in accordance with the provisions of Article 14 of Decision No. 10/2010/QĐ-TTg.

Chapter III

INSPECTION OF THE CFS FOR IMPORTED GOODS

Article 7. Requirements for Imported Goods to Have a CFS

Specific requirements for imported goods to have a CFS are stipulated in other legal normative documents issued by the Ministry of Science and Technology based on management needs, serving as the basis for confirming the quality documentation of imported goods or issuing other certificates.

Article 8. Inspection of the CFS for Imported Goods

1. Inspection Authority

The Product and Goods Quality Management Department and the Provincial and City Standardization, Metrology, and Quality Control Agencies are the inspection authorities for imported goods' CFSs according to their assigned responsibilities as prescribed in legal normative documents on imported goods inspection.

2. CFS Inspection

The inspection authority mentioned in Clause 1 of this Article will conduct CFS inspections when reviewing and assessing the quality documentation of imported goods or issuing other certificates as prescribed by current laws.

If imported goods require a CFS but the import documentation does not include a CFS, the inspection authority will refuse to issue a confirmation of the quality documentation of imported goods or other certificates in writing and request the importer to supplement and complete the documentation.

In cases where the authenticity of the CFS is suspected or the goods do not match the issued CFS, the inspection authority will act in accordance with the provisions of Clause 2, Article 20 of Decision No. 10/2010/QĐ-TTg.

If there is evidence that imported goods accepted with a CFS do not meet the published standards when circulating in the market, the inspection authority will notify the importer and consider rejecting the CFS for subsequent import shipments. The inspection authority will continue to accept the CFS only when the importer provides sufficient evidence proving that the quality of the imported goods matches the published standards for the import shipment.

If the issuing authority of the exporting country confirms that the CFS for imported goods is not authentic, the inspection authority has the right to reject the acceptance of the CFS for imported goods.

Chapter IV

IMPLEMENTATION

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

1. Organize the dissemination and guidance on managing the issuance of CFS for export products and goods and inspecting the CFS of imported goods in accordance with this Circular and other relevant regulations.

2. Receive, examine applications, and issue or reissue CFS for export products and goods in accordance with this Circular.

3. Revoke issued CFS in accordance with Article 14 of Decision No. 10/2010/QĐ-TTg.

4. Provide training on CFS inspection procedures to competent state agencies involved in CFS inspections as stipulated in this Circular.

5. Regularly report annually and at any time upon request to the Ministry of Science and Technology on the situation regarding the issuance, reissuance, and inspection of CFS for products and goods.

Article 10. Responsibilities of CFS Inspection Authorities

1. Inspect the CFS of imported goods in accordance with this Circular.

2. Regularly report annually and at any time upon request to the General Department of Standardization, Measurement, and Quality Control on the situation regarding the inspection of CFS for imported goods.

Article 11. Responsibilities of Manufacturers, Exporters, and Importers of Products and Goods

1. Comply with the requirements of the issuing authority and the CFS inspection authority concerning the contents specified in this Circular.

2. Bear legal responsibility for the accuracy and authenticity of declarations related to requests for issuance, reissuance of CFS, and the CFS of imported goods under current laws.

3. Be subject to supervision, inspection, and audit in accordance with the provisions of this Circular and other relevant legal regulations.

Article 12. Implementation Provisions

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

2. In cases where legal regulatory documents specified in this Circular are amended or replaced, they shall be implemented according to the new amended or replaced documents.

3. During implementation, if there are difficulties or obstacles, promptly reflect them in writing to the Ministry of Science and Technology for consideration and resolution./.