Circular No. 26/2012/TT-BKHCN on State Inspection of the Quality of Goods Circulating in the Market

CIRCULAR

Article 24stipulating state inspection on the quality of goods

circulating in the marketg

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Camend/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications; Decree No. 81/2016/NĐ-CP dated July 1, 2016 amending and supplementing some articles of Decree No. 25/2011 1February 2, 2008 of the Government 31 the 1detailing the implementation"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, of certain provisions of the Law on Productorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. QualityNo. provisions of the Law onDeputy ministers of ministerial-level agencies,and Goods Quality;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsquantity Quarter I (Q item issued;

WHEREAS,ứ Decree No. 89/2006/NĐ-CP dated August 30, 2006 of the GovernmentDeputy ministers of ministerial-level agencies, von labeling of goods;

Based on Decree No. 28/2008/NĐ-CP dated March 14, 2008 of the GovernmentJune 2024;on technical regulations stipulating state inspection of product qualityDeputy ministers of ministerial-level agencies, stipulating functions, tasks, regulationsonThe Director of the Office, Heads of Payment Department, Heads of units under the State Bank of Vietnam; credit institutions, foreign bank branches, payment switching organizations, electronic transaction settlement organizations are responsible for implementing this Circular.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP a) Safety equipment and labor protection equipment ensuring safe use of chemicals for conducting experiments and scientific research;

2. The following legal documents shall cease to be effective according to the implementation timeline set forth in Article 3 and transitional provisions in Article 4 of this Circular:nging on the market Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006 and Decree No. tradecirculation flow,

Chapter I

GENERAL PROVISIONS

2. The staff member receiving the application shall compare the information in the citizen's application file with the information in the National Population Database and the Citizen Identification Card Database and handle as follows:无效ing and issuesi Scope of application

1. This Circular stipulates the contents, procedures, formalities, and organization for implementing state inspections of product quality circulating on the market.

2. This Circular applies to product quality inspection agencies under ministries, sectors, localities, and related organizations and individuals.

Article 2. Objects to be inspected

1. Products circulating on the Vietnamese market.

2. Special-use products for national defense and security are not subject to inspection under this Circular.

Article 3. Explanation of Terms

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

1. Products circulating on the market include goods during transportation, display, promotion, and storage in the course of trading, except for goods transported by organizations and individuals from customs checkpoints to warehouses.

2. Other terms in this Circular shall be interpreted according to the definitions provided in Article 3 of the Product Quality Law.

Article 4. Basis for inspectiondevelopmentInspection

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

Article 5. Methods of inspecting product qualityograms andThe methods of inspecting product quality circulating on the market are as follows:

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

a) The basis for developing annual inspection plans regarding product quality circulating on the market is as follows:

- Objectives and plans based on specialized management agency requirements;

- Results of product quality inspections circulating on the market;

- Information from mass media about non-compliant products;

- Domestic and international warnings about product quality.

b) Inspection plans must reflect the following main contents:

- Product categories to be inspected;

- Inspection areas;

- Inspection time (by month);

- Budget for organizing inspections;

- Organizing entities.

2. Random inspections of product quality.

The basis for deciding on random inspections of product quality circulating on the market is as follows:

a) At the request of specialized management agencies;

b) Complaints and reports about product quality;

c) Information and warnings from domestic and foreign organizations and individuals about non-compliant products that pose a threat to human, animal, plant, property, and environmental safety;

d) Survey results of product quality circulating on the market revealing non-compliant products.

Article 6. Sample products for testing to serve inspection purposes

1. Sample products are purchased randomly from the market for testing at testing organizations to monitor and track product quality trends. Sampling for quality surveys does not require sample retention.FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS2. In cases where products show signs of non-compliance with quality standards, the inspection team leader decides on sampling. Samples are taken according to the sampling method specified in relevant standards or technical regulations. If there is no specified sampling method, samples are taken randomly with sufficient quantity for testing required indicators. Each sample is divided into two units, one for testing and one for retention at the inspection agency. Depending on the type of product and its shelf life, the inspection team records the retention period for samples at the inspection agency in the sampling record, but not exceeding 90 days. After the retention period, if there are no complaints, the inspection agency disposes of retained samples according to current regulations.Coat 3. Sample products must be sealed (using the Sealing Label Template 4b. TNPM attached to this Circular) with signatures of the sampler, representative of the sampled entity, and a sampling record (using the Sampling Record Template 4a. BBLM attached to this Circular). If the representative of the sampled entity does not sign the sampling record and seal, the inspection team records "representative of the entity did not sign the sampling record and seal" in the record, which remains legally valid with signatures of the sampler and the inspection team leader.uted4. Sample products must be sent to designated testing organizations for testing.Coat

Testing results from designated testing organizations serve as legal grounds for inspection agencies to proceed with handling during inspections.

5. Costs for sampling and testing are regulated in Article 41 of the Product Quality Law and Joint Circular No. 28/2010/TTLT-BTC-BKHCN dated March 3, 2010 of the Ministry of Finance and the Ministry of Science and Technology guiding the management and use of funds for state inspections of product quality.

CONTENTS, PROCEDURES, FORMALITIES, AND HANDLING OF VIOLATIONS

b) Inspect the display of announced standards, conformity marks.

a) Inspect storage conditions for products as prescribed or stated on labels;

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

c) Inspect the compliance of products with technical standards, announced standards, and accompanying documentation.

Chapter II

In cases requiring product sampling, the inspection team collects samples according to Clause 2 of Article 6 of this Circular.

Article 7. Content of quality inspection of goods

1. Regarding goods labeling:

a) Inspect goods labeling according to the law on goods labeling;

b) Check the representation of published standards applied, conformity marks, and compliance marks.

2. Regarding quality:

a) Check the storage conditions of goods in accordance with regulations or as stated on the product label;

b) Check the content and representation of warning information about the potential to cause safety hazards of goods;

c) Check the conformity of goods with technical regulations, published standards, and accompanying documentation.

In cases where samples need to be taken from goods, the inspection team shall take samples in accordance with the provisions of Clause 2, Article 6 of this Circular.

Article 8. Procedure and formalitiesục including computer-based multiple choice tests

1. The inspection team shall conduct inspections according to the following procedure and formalities:

a) Present the inspection decision (in Form 2a. QĐKT - Appendix attached to this Circular) before conducting the inspection;

b) Conduct the inspection in accordance with the contents prescribed in Article 7 of this Circular;

c) Prepare the inspection record (in Form 3a. BBKT - Appendix attached to this Circular). The inspection record must be signed by the representative of the inspected entity and the inspection team. In case the representative of the inspected entity does not sign the record, the inspection team shall note in the record "the representative of the inspected entity did not sign the record"; the record still has legal effect if it bears the signature of the Head of the Inspection Team and other members of the inspection team;

d) Report to the inspection authority on the results of the inspection and propose to notify the test results of non-compliant goods to the organizations and individuals whose goods were inspected within five working days from the date of receiving the test results (in Form 5. TBKQTNKD - Appendix attached to this Circular);

đ) Handle the inspection results in accordance with the provisions of Article 9 of this Circular.

2. Quality control inspectors shall conduct independent inspections according to the following procedure and formalities:

a) Present the quality control inspector card before conducting the inspection;

b) Conduct the inspection in accordance with the contents prescribed in Article 7 of this Circular;

c) Prepare the inspection record (in Form 3b. BBKT - KSVCL - Appendix attached to this Circular). The inspection record must be signed by the representative of the inspected entity and the quality control inspector. In case the representative of the inspected entity does not sign the record, the quality control inspector shall note in the record "the representative of the inspected entity did not sign the record"; the record still has legal effect if it bears the signature of the quality control inspector and the witness;

d) Handle the inspection results in accordance with the provisions of Article 9 of this Circular.

Article 9. Handling Violations

1. In cases where goods do not meet the requirements for product labeling, standard declarations, conformity certifications, conformity declarations, quality management measures corresponding to technical regulations applicable to goods, and related production process conditions, they shall be handled as follows:

a) The inspection team and quality control inspectors shall require the seller to temporarily stop selling the goods, while the seller must contact the producer or importer to implement corrective measures within the time limit specified in the record.

Within 24 hours, the inspection team and quality control inspectors must report to the product quality inspection authority so that the authority can issue a notice to suspend circulation of the goods (in Form 7. TBTDLT - Appendix attached to this Circular) and handle the matter within its jurisdiction; the suspension period noted in the suspension notice starts from the date of signing the inspection record;

b) The inspection authority will issue a notice allowing the continued circulation of the goods on the market (in Form 9. TBTTLT - Appendix attached to this Circular) when the seller has corrected the issues and reported in writing along with evidence to the inspection authority;

c) In cases where the seller continues to violate and does not comply with the requirements of the inspection authority, the product and goods quality inspection authority shall, within seven working days from the date of concluding the seller's continued violation, depending on the level of violation and the scope of impact, publicly announce on local or central mass media the name of the seller, the selling location, the name of the goods, and the non-compliance of the goods (in Form 10. TBKĐCL - Appendix attached to this Circular). At the same time, the inspection authority shall transfer the file and recommend that the competent authority or state agency handle the matter in accordance with the law;

2. In cases where the test results of samples do not meet the declared standards, standard certification, or corresponding technical regulations, the inspection team and quality control inspectors shall handle them as follows:

a) The inspection team and quality control inspectors must report to the inspection authority on the sample test results so that the authority can notify the seller of the non-compliant test results within five working days from the date the inspection authority receives the test result notification (in Form 5. TBKQTNKĐ - Appendix attached to this Circular). The inspection authority shall transfer the file and recommend that the competent authority or state agency handle the matter in accordance with the law;

b) Prepare and seal the remaining goods at the inspected facility (in Form 8a. BBNP - ĐKT - Appendix attached to this Circular). In case the representative of the inspected entity does not sign the record, the Head of the Inspection Team and quality control inspector shall note in the record "the representative of the inspected entity did not sign the record". The record still has legal effect if it bears the signature of the Head of the Inspection Team and quality control inspector. Within 24 hours, the inspection team and quality control inspectors must report to the product and goods quality inspection authority so that the authority can issue a notice to suspend circulation of the goods;

c) Require the seller to provide information related to the remaining similar goods, such as the quantity of remaining and sold goods, and contact the producer or importer to address the issues, correct them, and fulfill their obligations under the law;

If the goods have already been sold, report to the inspection authority so that the authority can transfer the file and recommend that the competent authority or state agency handle the act of selling goods that do not meet the declared standards or corresponding technical regulations;

d) In cases of disagreement with the sample test results, within two working days from the date of receiving the non-compliant test result notification, the seller may request in writing for the inspection authority to retest the retained sample at another designated testing organization. This retest result shall serve as the basis for the inspection authority's final handling and conclusion. The cost of this sample retest shall be borne by the seller.

đ) The inspection agency shall only notify that goods may continue to circulate on the market (in Form 9. TBTTLT - Appendix attached hereto) when the seller has remedied the deficiencies to the required standard and reported in writing along with evidence to the inspection agency.

3. In cases where goods violate labeling seriously (counterfeit labels; expired; false information or warnings on labels causing danger), goods have visible evidence of danger, goods have test results not conforming to published standards, conformity certificates, technical regulations, posing a threat to human, animal, plant, property, environment safety or the seller does not comply with the requirements in the temporary suspension notice, the inspection agency shall transfer the file and recommend the competent authority or relevant state agency to handle according to the law, while publicly announcing on mass media the name of the seller, selling address, product name, and non-conformity of the goods.

4. During the process of administrative inspection:

a) Where the Inspection Team does not include a specialized Inspector or Market Surveillance Officer, the Head of the Inspection Team shall prepare the Administrative Violation Record (in Form 11. BBVPHC - Appendix attached hereto) and request the inspection agency to transfer the file and recommend the competent authority or relevant state agency to handle according to the law;

b) Where the Inspection Team includes a specialized Inspector or Market Surveillance Officer, the specialized Inspector or Market Surveillance Officer shall prepare the Administrative Violation Record and handle according to the law.

5. After discovering goods circulating on the market not conforming to published standards, corresponding technical regulations, the inspection agency shall be responsible for notifying the corresponding inspection agency at the place of production or import of such goods to consider conducting quality inspections at the production or import facilities according to Article 5, handle according to Articles 6 and 8 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Law on Product Quality.

6. The file transferred for handling violations by the competent authority or relevant state agency shall include: Inspection Decision, Inspection Record, Test Result Notification or Evidence Confirming Non-Conformity of the Product, Administrative Violation Record, Sealing Record, Temporary Suspension Notice, Official Letter from the inspection agency requesting the competent authority to proceed with handling procedures according to the law.

The competent authority, relevant state agency handling violations shall be responsible for examining and handling according to the law and informing the inspection agency of the handling result for monitoring and summarizing.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Responsibilities of the inspection agency in building inspection plans

Based on Clause 1 of Article 5 of this Circular, the inspection agency shall be responsible for building the annual inspection plan as follows:

1. Before December 1st each year, local inspection agencies must complete the construction of the annual inspection plan for the quality of goods circulating in the market for the following year.

2. The annual inspection plan for the quality of goods circulating in the market of local inspection agencies, after being approved, must report to the central inspection agency under the sector and send it to the Department of Science and Technology.

Before December 31st each year, the Department of Science and Technology must consolidate the inspection plans of local inspection agencies and report to the People's Committee of the province or centrally-administered city, and simultaneously report to the Ministry of Science and Technology (National Standardization Agency).

3. Before June 30th each year, central inspection agencies must complete the construction of the annual inspection plan for the quality of goods circulating in the market for the following year within their sectors.

The annual inspection plan for the quality of goods circulating in the market of central inspection agencies, after being approved, must report to the sectoral management ministry and send it to the Ministry of Science and Technology (National Standardization Agency).

4. Before July 15th each year, the National Standardization Agency must build the inter-sectoral inspection plan for the following year to submit to the Ministry of Science and Technology for approval to coordinate and implement inspections.

Article 11. Responsibilities of the inspection authority and related agencies in coordinating inspections and handling violations concerning the quality of goods.o 1. The inspection authority shall be responsible for handling according to its authority and within three working days from the date of issuing the administrative violation record, the inspection authority shall transfer the file to the person with authority or state agency with authority to handle the violation in accordance with the law.national2. The person with authority, state agency with authority to handle administrative violations shall be responsible for examining and implementing administrative violation handling in accordance with the law, while simultaneously informing the inspection authority to coordinate in monitoring the remediation of consequences following administrative penalties.organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. 3. Agencies such as Public Security, Customs, Market Management, Specialized Inspection, and other agencies within their functional tasks, powers assigned during the performance of official duties, if they discover acts violating the quality of circulating goods on the market, shall be responsible for issuing administrative violation records and handling administrative violations in accordance with the law.

Article 12. Reporting on the situation and results.

1. The inspection authority shall be responsible for compiling reports on the situation and results of regular inspections every six months and annually, or ad hoc as required or when conducting ad hoc inspections. The content of the report (according to Model 6. BBCTKT - Appendix attached to this Circular) is as follows:

a) Local inspection authorities shall compile and submit reports on the situation and results of inspecting the quality of circulating goods on the market within their responsibility to the supervising agency and send them to the Department of Science and Technology for compilation and submission to the People's Committee of provinces and centrally-administered cities and the Ministry of Science and Technology (National Standardization Agency).

Articleonb) Central inspection authorities shall compile and submit reports on the situation and results of inspecting the quality of circulating goods on the market within their management responsibility to the supervising ministry and send them to the Ministry of Science and Technology (National Standardization Agency).n l including computer-based multiple choice tests

2. Based on the reports from localities, ministries, sectors, and the Ministry of Science and Technology shall compile and submit reports to the Prime Minister.

This Circular takes effect from January 27, 2013, and replaces Circular No. 16/2009/TT-BKHCN dated June 2, 2009, issued by the Minister of Science and Technology guiding state inspections on the quality of circulating goods on the market.

1. Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, inspection agencies, organizations, individuals, and related agencies are responsible for implementing this Circular.

2. The National Standardization Agency shall guide and monitor the implementation of this Circular.

Article 13. Effective Date

3. During the implementation process, if there are difficulties or obstacles, the inspection agencies shall promptly reflect them to the National Standardization Agency for reporting to the Ministry of Science and Technology for consideration and decision./.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Ministries, ministerial-level agencies, government-attached agencies, provincial People's Committees under central cities, inspection agencies, organizations, individuals, and related agencies are responsible for implementing this Circular.

2. The Standardization, Measurement, and Quality Control General Department will guide and monitor the implementation of this Circular.

3. During the implementation process, if there are difficulties or obstacles, inspection agencies should promptly report to the Standardization, Measurement, and Quality Control General Department for reporting to the Ministry of Science and Technology for consideration and decision./.