Decision No. 2578/QD-TDCT on State Inspection of Export and Import Goods Quality

Pursuant to …;

Issuing Regulations on State Inspection of

quality of exported and imported goods

_________________

THE MINISTER

MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT

- Pursuant to Article 26, 27 of Chapter VI on inspection of imported and exported goods quality of the Goods Quality Ordinance dated December 27, 1990;

- Pursuant to the Government Decree No. 22/CP dated May 22, 1993 on the tasks and authorities of the organizational structure of the Ministry of Science, Technology and Environment;

- Pursuant to the Government Decree No. 86/CP dated December 8, 1995 stipulating the division of responsibilities for state management of goods quality;

- At the proposal of the Director General of the National Standard Measurement Quality Administration;

Pursuant to …;

Article 1: Issuing "Regulations on State Inspection of Exported and Imported Goods Quality."

Article 2: Organizations and individuals exporting and importing goods listed in the Catalogue of goods subject to state inspection for quality shall be responsible for implementing this Decision, as well as the State Inspection Agencies for quality of exported and imported goods.

Article 3: The National Standard Measurement Quality Administration shall be responsible for organizing, guiding, and supervising the implementation of this Decision.

Article 4: This Decision replaces the Provisions issued together with Decision No. 397/QĐ dated June 10, 1992 of the Head of the State Scientific Council. This Decision takes effect from January 1, 1997.

MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

||| Article 2. General provisions regarding foreign non-governmental organizations operating in Vietnam (as stipulated from Article 5 to Article 15 of the Decree):

(Signed)

Chu Hao

REGULATIONS

ON STATE INSPECTION

OF GOODS QUALITY FOR EXPORT AND IMPORT

(Issued together with Decision No. 2578/QĐ-TĐC dated October 28, 1996
of the Minister of Science, Technology and Environment)

1- GENERAL PROVISIONS

1.1- This document stipulates the contents and procedures for state inspection of exported and imported goods quality and the authorities and responsibilities of related parties in state inspection of exported and imported goods quality.

1.2- These provisions apply to goods listed in the "Catalogue of goods for export and import subject to state inspection for quality" (hereinafter referred to as the Catalogue of goods subject to inspection), published by the Ministry of Science, Technology and Environment for each period; they do not apply to personal luggage, diplomatic goods, exhibition samples, etc.

All organizations and individuals exporting and importing (hereinafter referred to as organizations/persons E&I) must register for inspection and be subject to inspection by the State Inspection Agency for quality of exported and imported goods according to these regulations when exporting or importing goods listed in the Catalogue.

1.3- Exported and imported goods listed in the Catalogue subject to state inspection for quality may only be circulated or consumed domestically or exported after being inspected and having a confirmation certificate from the State Inspection Agency for quality of exported and imported goods.

1.4- The basis for state inspection of quality for exported and imported goods includes:

- Technical Standards (TCVN) specifying quality requirements for goods.

- Other regulations on quality, safety, hygiene, and environment issued by competent state agencies.

1.5- State inspection of quality for goods listed in the Catalogue of goods subject to inspection shall be conducted by the State Inspection Agency for quality of exported and imported goods (hereinafter referred to as the State Inspection Agency).

The State Inspection Agency is designated by the Ministry of Science, Technology and Environment or jointly with relevant Ministries. Depending on management requirements, legally recognized quality inspection organizations may also be considered for designation to perform this task.

The State Inspection Agency conducts inspections according to inspection procedures issued by the National Standard Measurement Quality Administration (TCĐLCL) or the competent agency of the relevant Ministry. These inspection procedures are developed in accordance with unified guidelines provided by the National Standard Measurement Quality Administration.

1.6- Goods listed in the Catalogue will meet the quality conditions required for customs clearance after the State Inspection Agency issues one of the following documents:

- A certificate confirming compliance with export/import quality standards if the goods meet the quality requirements after sample inspection or batch inspection.

- A notification exempting from quality inspection if it falls under the exemption category mentioned in Point 1.7 below.

The certificate confirming compliance with export/import quality standards and the notification exempting from quality inspection are valid only if transportation, storage, loading/unloading, etc., do not affect the quality of the goods.

1.7- Exported goods certified as conforming to Vietnamese Technical Standards (TCVN) on quality and/or safety; imported goods bearing conformity marks of the exporting country recognized by the National Standard Measurement Quality Administration or inspected at the exporting side under agreements signed between the State and foreign countries will be exempted from state quality inspection.

Exported goods that are both listed in the Catalogue of goods subject to inspection and in the scope of agreements on quality assurance and mutual recognition signed between the Government of Vietnam and foreign countries shall be governed by those agreements.

2. RIGHTS AND RESPONSIBILITIES OF THE STATE
INSPECTION AGENCY

2.1- Rights:

a) Request organizations/persons E&I to provide relevant documents (foreign trade contracts, bills of lading, certificates of origin of goods, etc.) for inspection purposes.

b) Enter places where goods are stored, preserved, and transported for inspection and sampling.

c) Conduct inspections of goods according to Parts 3 and 4 of these regulations.

d) Based on the quality situation, origin, and brand of goods, decide on the content, method, and regime of inspection for specific batches of goods.

e) Issue certificates confirming compliance with quality standards. Notify exemptions from inspection or non-compliance with quality standards for inspected goods.

g) Collect inspection fees as prescribed.

h) Recommend measures against organizations/persons E&I who fail to comply with state inspection of exported and imported goods quality as stipulated herein.

2.2- Responsibilities:

a) Carry out state inspection within the designated scope.

c) Be subject to guidance and direction regarding organization and business operations from the General Department of Quality Inspection and Standardization or competent agencies of relevant ministries as prescribed in Decree 86/CP and Circulars guiding this Decree (hereinafter referred to as competent agencies of relevant ministries).

Register the list of persons authorized to sign the Quality Inspection Registration Certificate, the Quality Confirmation Certificate, the Exemption Notification, and the Non-Conformity Notification with the General Department of Quality Inspection and Standardization and/or competent agencies of relevant ministries.

d) Receive and resolve complaints from organizations or individuals engaged in import/export regarding quality inspection and confirmation conducted by themselves. Bear responsibility for material compensation to organizations or individuals engaged in import/export for any errors caused by themselves in the process of quality inspection and confirmation of exported/imported goods. The amount of compensation may range from partial refund to up to ten times the inspection fee collected, depending on the extent of damage. In case organizations or individuals engaged in import/export disagree with the level of compensation provided by the inspection agency, they may file a lawsuit at the Economic Court.

e) Retain inspection records for three years and produce them when requested by competent authorities.

g) Submit quarterly reports to the General Department of Quality Inspection and Standardization and competent agencies of relevant ministries on the following contents:

- List of organizations or individuals engaged in import/export who have registered for inspection and confirmation;

- Quantity, volume, and value of inspected goods;

- Quantity and volume of batches of goods not meeting quality requirements;

- Complaint situation of organizations or individuals engaged in import/export (if any).

h) Obtain permission from the Ministry of Science and Technology and Environment (General Department of Quality Inspection and Standardization) or relevant ministries when:

- Changing the scope of inspection;

- Changing or supplementing office locations;

- Temporarily suspending or ceasing operations;

3- METHODS AND CONTENTS OF INSPECTION.

3.1- Methods and Inspection Regimes

Inspection methods include:

- Pre-export/pre-import sample inspection (offer sample inspection);

- Visual inspection;

- Representative sample inspection;

Inspection regimes:

- Exemption from inspection: applicable to goods mentioned in Part I of Article 1.7 above.

- Reduced inspection: carried out for goods that have been pre-inspected through offer samples or for imported goods with good and stable quality that have been previously inspected; allows for measures such as reducing inspection criteria, reducing the number of samples required for inspection, and reducing the number of consecutive batches required for inspection.

- Regular inspection: inspect each batch to determine its compliance with the specified quality requirements for goods not submitted for pre-inspection through offer samples.

3.2- Content of Inspection:

Based on information available to the Inspection Agency about export/import goods of organizations or individuals engaged in import/export, the inspection content can be carried out entirely or partially as follows:

- Review related documents and the conformity of the batch with these documents;

- Inspect the quality of the batch;

3.3- Inspection Location:

- Export goods are inspected at the place of production or storage facility before completing customs clearance procedures.

- Import goods are inspected at the port of entry or storage facility before customs clearance procedures, if necessary, according to the request of organizations or individuals engaged in import/export or the General Department of Quality Inspection and Standardization and competent agencies of relevant ministries, inspections may be conducted abroad (at the place of production or export).

3.4- Sampling

The Inspection Agency conducts sampling according to Vietnamese Standards or Inspection Procedures to determine the quality of each batch of exported or imported goods. Sampling must be conducted by Inspection Agency staff with the witnessing and confirmation of the authorized representative of organizations or individuals engaged in import/export.

3.5- Provision of Offer Samples

Offer samples are samples provided by organizations or individuals engaged in import/export to the Inspection Agency to determine quality before exporting or importing goods, serving as a basis for comparison with actual exported/imported goods later.

For batches that have provided offer samples, reduced inspection regime will apply when exporting or importing those goods. The reduced inspection regime will be stipulated in the Inspection Procedure for specific types of goods.

4- PROCEDURES FOR INSPECTION

4.1- Application for Inspection

When exporting or importing goods listed in Article 1.2, organizations or individuals engaged in import/export must apply for quality inspection at one of the Inspection Agencies mentioned in Article 1.5. The application package includes:

- Quality Inspection Registration Certificate for Export/Import Goods (two copies, according to the form in Appendix 1).

- Copy of foreign trade contract or Letter of Credit;

- Bill of Lading (only for imports);

- Invoice (only for imports);

- Packing List;

- Relevant documents concerning the batch and its quality, such as certificates of origin, offers, test results, quality certificates issued by authorized organizations... (if any).

- Offer samples (if it is the first export/import);

- Request for exemption from inspection and related certificates, if the goods fall under the category mentioned in Article 1.7.

The Quality Inspection Registration Certificate is established for each type of goods listed in the foreign trade contract or equivalent document.

4.2- Confirmation of Inspection Application

During the review of the inspection application dossier, the Inspection Agency may return the dossier to the organization or individual engaged in import/export and request completion of the dossier if it is incomplete.

The Inspection Agency determines the time and location of inspection based on the expected export or import date recorded in the contract or bill of lading and signs confirmation on the Quality Inspection Registration Certificate, returning one copy to the organization or individual engaged in import/export.

4.3 Conducting Inspection

4.3.1- Determination of Inspection Content, Method, and Regime

For export or import consignments that have provided sample quotations: The Inspection Agency shall examine the consistency between the consignment documents and the sample quotation to decide:

- Issuing a certificate confirming compliance with export or import quality standards if the consignment documents match the sample quotation;

- Applying other appropriate inspection methods.

For consignments where previous export or import consignments consistently meet the prescribed quality requirements, the Inspection Agency may consider applying reduced inspection procedures as stipulated in Section 3.2 above.

For consignments requesting exemption from inspection, the Inspection Agency shall compare the documentation and/or external appearance of the consignment with the Certificate of Conformity to Vietnamese Standards or the Certificate of Conformity issued by the recognized Certification Organization for the exporting country to determine whether the exemption can be granted.

4.3.2- Inspection

Based on the determined content, method, and inspection regime, the Inspection Agency shall conduct specific inspections on the consignment.

During the inspection process (such as external inspection, sampling, testing, operational inspection...), the Inspection Agency must prepare inspection records. These inspection records must contain signatures of all relevant parties and be filed in the common inspection file of the consignment.

The Inspection Agency must retain samples of goods within the time limit specified in the standard or similar document for the goods to allow retesting when required. After this period, the Inspection Agency must notify the organization/person importing/exporting to collect the samples or prepare a record of disposal for goods that have exceeded their shelf life.

4.4- Conclusion after inspection

a) If the export or import consignment meets the required quality standards, the Inspection Agency shall issue a Certificate of Compliance with Export/Import Quality Standards (as per Appendix 2).

- If the export or import consignment is determined to be exempt from inspection, the Inspection Agency shall issue a Notification of Exemption from Quality Inspection (as per Appendix 3).

Depending on management requirements, the Inspection Agency may stamp or affix labels on individual units of goods that have been confirmed to meet the requirements for import or export.

b) If the export or import consignment does not meet the required quality standards, the Inspection Agency shall issue a Notification of Non-Compliance with Quality Standards to the organization/person importing/exporting (as per Appendix 4).

For exported goods, if the consignment does not meet the required quality standards, the organization/person importing/exporting may apply for re-inspection after the goods have been recycled, completed, or supplemented. The re-inspection of such consignment shall be conducted according to the initial inspection procedure.

For imported goods that do not meet the required quality standards, the Inspection Agency has the responsibility to report and recommend measures (re-export, change of purpose, price reduction, destruction...) to the General Department of Quality and Technical Supervision or the competent authority of the specialized ministry. Within 15 days, the General Department of Quality and Technical Supervision or the competent authority of the specialized ministry must issue an appropriate decision.

4.5- Export or import consignments must be exported or imported within the validity period recorded in the Certificate of Compliance with Export/Import Quality Standards issued by the Inspection Agency for that consignment.

4.6- Organizations/persons importing/exporting must re-register for inspection of export or import consignments in the following cases:

- The quality confirmation certificate of the consignment has expired;

- The consignment is damaged;

- Goods or packaging have been changed;

- The consignment after recycling, completion, or supplementation.

5- INSPECTION FEES

Organizations/persons importing/exporting must pay inspection fees for goods to the Inspection Agency based on the value of the inspected consignment (calculated at CIF price for imported consignments, FOB price for exported consignments, or tax-assessed value as prescribed by the financial authority). The inspection fee is 0.1% of the consignment value but not less than 300,000 VND (three hundred thousand dong) and not more than 50,000,000 VND (fifty million dong).

Management of inspection fees shall be carried out in accordance with current state regulations.

6- COMPLAINTS AND DISPUTE RESOLUTION

6.1- Within seven days from receiving the notification of non-compliance with export/import quality standards, organizations/persons importing/exporting may request the Inspection Agency that conducted the quality inspection to review the inspection results or re-inspect. If the re-inspection result contradicts the initial inspection result, then the organization/person importing/exporting will not have to pay for the re-inspection cost. If the re-inspection result matches the initial inspection result, the organization/person importing/exporting must bear the cost of the re-inspection.

6.2- Organizations/persons importing/exporting may lodge complaints about the conclusions of the Inspection Agency regarding their goods. Complaints and dispute resolution shall be handled in accordance with laws on complaints and denunciations.

7- INSPECTION SUPERVISION AND VIOLATION HANDLING

7.1- If organizations/persons importing/exporting violate the provisions of this document by exporting or importing goods listed in the Catalogue of Goods Subject to Inspection, they will be subject to administrative penalties as prescribed by the Government Decree on Administrative Penalties in the Field of Measurement and Product Quality.

7.2- Inspection Agencies are subject to supervision and violation handling by the General Department of Quality and Technical Supervision's Inspectorate or the Inspectorate of the related specialized ministry concerning quality inspection activities in accordance with the division of state management responsibilities for product quality.

7.3- The competent state authority may temporarily suspend or revoke the right to conduct state quality inspections if the Inspection Agency fails to fully or properly perform its assigned duties in accordance with this regulation and related documents.

7.4- Individuals from the Inspection Agency who obstruct organizations/persons importing/exporting or engage in misconduct while performing their duties shall be subject to administrative penalties or criminal prosecution depending on the nature, degree of violation, and consequences thereof.