Circular No. 27/2012/TT-BKHCN stipulates the state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology.

CIRCULAR

Regulations on state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology are provided.

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

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;

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 shall stipulate the regulations on state inspection of the quality of imported goods under the management responsibility of the Ministry of Science and Technology.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular specifies the contents, procedures, and formalities for state inspection of the quality of imported goods (hereinafter referred to as state inspection of imported goods' quality) 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.

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 imported goods' quality 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 imported goods not belonging to the List of Group 2 Goods that have potential to cause safety hazards upon entry into Vietnam or goods with potential to cause safety hazards based on international, regional, or foreign organization warnings, this Circular may be applied.

2. This Circular does not apply to personal luggage imports, diplomatic goods, exhibition goods, gifts; temporarily imported-reexported goods and materials; transit goods; goods stored in bonded warehouses; goods processed by Vietnamese enterprises for foreign traders; machinery and equipment imported for investment projects; goods in the field of national security, state secrets, nuclear radiation safety, and other non-commercial goods as prescribed by law.

Article 3. Basis for Inspection

The basis for inspecting the quality of goods includes technical standards, announced standards applicable 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 collection 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 included in the same import dossier.

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

a) The Product and Goods Quality Management Department under the General Bureau of Standards, Metrology, and Quality Control;

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 Assessment Certificate for products and goods meeting corresponding technical standards within their validity period, issued by designated or recognized certification bodies;

b) Quality Certificate or Quality Inspection Report for consignments meeting corresponding technical standards and announced standards for goods, issued by designated or recognized certification or inspection bodies;

c) System Certification Certificate for products and goods requiring system certification.

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

1. Imported goods subject to state inspection for quality shall only be cleared for import when the inspection agency specified in Clause 2, Article 4 of this Circular issues a Notification of State Inspection Results for Imported Goods meeting quality requirements (in Form 3. TBKQKT - Appendix attached to this Circular).

2. In cases where imported goods are temporarily cleared for import by the Customs Authority before quality inspection, the Customs Authority shall only allow temporary clearance after the importer has registered for state inspection of imported goods with the inspection agency (in Form 1. ĐKKT - Appendix attached to this Circular). After being temporarily cleared, the importer must contact the inspection agency to conduct the quality inspection of imported goods as stipulated in this Circular. The Customs Authority shall only process formal clearance procedures when the goods meet the requirements set forth in Clause 1 of this Article.

In cases where imported goods are temporarily cleared for import by the Customs Authority before quality inspection, the importer shall not be permitted 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 registering quality inspection of imported goods

1. The documents for registering quality inspection of imported goods (one set) include:

a) Certificate "Registration for State Quality Inspection of Imported Goods" (four copies, in Form 1. ĐKKT - Appendix attached to this Circular).

b) Photocopies of the following documents: Contract (Contract,), List of Goods (if applicable) accompanying (Packing List,).

c) One or more copies of quality certificates (presenting the original for verification, except in cases where the copy has been certified) or the original.

d) Other related documents; Copy (certified by the importer) of the bill of lading (Bill of Lading,); Invoice (Invoice,); declaration of imported goods; certificate of origin (C/O-Certificate of Origin) (if applicable); images or descriptions of goods; sample labels of imported goods already affixed with conformity marks and supplementary labels (if the main label does not contain all required information); free circulation certificate CFS (if applicable).

2. The importer shall be responsible for the validity and legality of the documents for registering quality inspection of imported goods.

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. Inspect the completeness of the documents for registering quality inspection of imported goods as prescribed in Article 6 of this Circular.

2. Inspect the results of evaluating compliance, conformity marks, and product labels (for goods that require labeling), and other accompanying documents of the products and goods to be inspected:

a) Inspect the compliance of the content of the quality certificate of the imported consignment with the requirements of technical regulations, announced standards, and current regulations; inspect the accuracy and consistency of the information in the quality inspection registration dossier;

b) Inspect the mandatory contents marked on the label (and supplementary label) including the name of the goods, the address of the organization or individual responsible for the goods; the origin of the goods and other contents specified for each type of goods; the compliance of the label with the import consignment dossier;

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

d) Inspect the presentation of conformity marks directly on the product, goods, or packaging or labels attached to the product, goods.

3. Inspect the approval document according to the provisions of the Ministry of Science and Technology for imported goods listed in Group 2 with new characteristics potentially causing safety risks that have not been regulated in corresponding technical regulations.

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

The inspection agency conducts inspections and handles the inspection process according to the following steps:

1. Accepting the registration dossier for quality inspection from the importer (in Form 2. TNHS - Appendix attached to this Circular); registering in the registration book and signing and stamping the quality inspection registration dossier of the importer.

2. Conducting inspection according to the inspection content:

a) In case the dossier is complete and appropriate: Within three working days from the date of accepting the quality inspection registration dossier, the inspection agency must issue a Notification on the result of the state inspection of imported goods' quality meeting the quality requirements (in Form 3. TBKQKT - Appendix attached to this Circular), sending it to the importer to proceed with customs clearance procedures for the consignment.

b) In case the dossier is complete but inappropriate, the inspection agency shall handle as follows:

In case the goods do not meet labeling requirements, the inspection agency issues a Notification on the result of the state inspection of imported goods' quality not meeting the quality requirements (in Form 3. TBKQKT - Appendix attached to this Circular), specifying the non-compliant contents in the Notification sent to the importer, and simultaneously requesting the importer to rectify the labeling within ten working days. The inspection agency will only issue a Notification confirming that the imported consignment meets quality requirements when the importer provides evidence of rectification and a quality certificate for the consignment.

In case the quality certificate of the imported goods does not match the consignment's dossier or does not comply with the announced standards or corresponding technical regulations, the inspection agency issues a Notification on the result of the state inspection of imported goods' quality not meeting the quality requirements (in Form 3. TBKQKT - Appendix attached to this Circular), specifying the non-compliant contents in the Notification sent to the Customs authority and the importer. Simultaneously, report to the superior management agency (in Form 4. BCKĐCL - Appendix attached to this Circular) for handling according to the provisions at points a, b, c Clause 2 Article 8 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain articles of the Law on Product and Goods Quality.

c) In case the dossier is incomplete: The inspection agency confirms the missing items in the dossier acceptance form and requests the importer to supplement and complete the dossier within twenty-five working days. If the dossier is still not supplemented within the above period, the importer must submit a written document to the inspection agency explaining the reasons and completion time. Subsequent inspection steps can only be carried out after the importer has completed the dossier fully.

In case the importer fails to complete the dossier within the prescribed period, within three working days from the expiration of the supplementary dossier period, the inspection agency issues a Notification on the result of the state inspection of imported goods' quality (in Form 3. TBKQKT - Appendix attached to this Circular), specifying "The consignment has not completed the dossier" in the Notification sent to the importer and the Customs authority, while taking the lead and coordinating with related inspection agencies to conduct a state inspection of the quality of imported goods at the importer's premises.

3. When inspecting the dossier and discovering that the imported goods require inspection according to the content stipulated in Clause 1, Clause 2 Article 9 of this Circular, within three working days from the date of accepting the quality inspection registration dossier, the inspection agency issues a Notification on the result of the state inspection of imported goods' quality (in Form 3. TBKQKT - Appendix attached to this Circular), specifying the contents requiring further inspection in the Notification sent to the importer, and simultaneously conducting inspection according to the content stipulated in Clause 1, Clause 2 Article 9 of this Circular. The results are handled as follows:

a) In case the assessment result of the conformity of the imported goods complies with the announced standards or corresponding technical regulations, it shall be handled according to the provision at point a Clause 2 of this Article;

b) In case the assessment result of the conformity of the imported goods does not comply with the announced standards or corresponding technical regulations, it shall be handled according to the provision at point b Clause 2 of this Article.

Article 9. Application of enhanced inspection measures

1. For imported goods circulating on the market that do not ensure quality, the inspection agency shall apply enhanced import inspection measures for such goods. In addition to being inspected according to the contents stipulated in Article 7 and following the inspection procedures set forth in Article 8 of this Circular, when requested by the inspection agency, the importer of such goods must conduct certification or testing for conformity with the imported consignment at a designated conformity assessment organization. The costs of certification or testing shall be borne by the importer.

2. For imported goods subject to complaints, accusations, or suspicion regarding the conformity assessment results, in addition to conducting inspections according to the contents stipulated in Article 7 and following the inspection procedures set forth in Article 8 of this Circular, the inspection agency shall take samples for testing according to the following provisions:

a) Based on standards for testing methods or technical regulations, published standards applicable to the goods, the inspection agency shall take samples of imported goods using random sampling methods with sufficient quantity to test the required indicators.

b) After taking the sample, it must be sealed (using Seal Form 5b. TNPM - Appendix accompanying this Circular) and a record of sample collection (Form 5a. BBLM - Appendix accompanying this Circular) must be established.

c) The sample must be sent to a designated testing organization for testing. The testing results from the designated testing organization serve as the legal basis for the inspection agency to proceed with further handling during the inspection process.

d) Within three days from the date of receiving the sample testing results, the inspection agency shall send the sample testing results to the importer so that they can be aware and fulfill their responsibilities and obligations as stipulated in point đ Clause 2 and Clause 3 of this Article.

đ) The costs of taking samples and testing are as follows:

The costs of taking samples and testing to inspect the quality of imported goods as stipulated in Clause 2 of this Article shall be borne by the inspection agency. These costs shall be allocated within the budget for the inspection agency's operational activities.

If the testing results show that the imported goods do not meet the applicable published standards or corresponding technical regulations, the importer must pay the costs of taking samples and testing to the inspection agency.

In cases of complaints or accusations, if the testing results show that the imported goods comply with the applicable published standards or corresponding technical regulations, the complainant or accuser must pay the costs of taking samples and testing to the inspection agency.

3. If the importer disagrees with the sample testing results as stipulated in point c Clause 2 of this Article, within two working days from the date of receipt of the sample testing results, the importer may request in writing to the inspection agency to retest the retained sample at another designated testing organization. This conformity assessment result serves as the basis for the inspection agency to handle and reach a final conclusion. The costs of conformity assessment shall be borne by the importer.

4. On an ad hoc or semi-annual basis, the inspection agency shall lead and coordinate with relevant agencies to conduct state inspections on the quality of goods at the storage facilities of importers. The procedures and contents of the inspection shall follow Circular No. 26/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology, concerning state inspections on the quality of goods circulating in the market.

Article 10. State inspection fees for product quality

State inspection fees for the quality of imported goods shall be implemented in accordance with Circular No. 231/2009/TT-BTC dated December 19, 2009, issued by the Minister of Finance, stipulating the collection, payment, management, and use of inspection fees in the field of standards, measurement, and quality.

Chapter III

IMPLEMENTATION

Article 11. Responsibilities of the National Standard Measurement Quality Administration

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

2. Direct and handle cases where imported goods do not meet quality requirements reported by the Product and Goods Quality Management Department. In cases exceeding authority, report to the Ministry of Science and Technology for consideration and decision.

Article 12. Responsibilities of the Product and Goods Quality Management Department under the National Standard Measurement Quality Administration

1. Organize the implementation of quality inspections on imported goods such as gasoline, diesel fuel, biofuel, and other types of goods as directed by the National Standard Measurement Quality Administration. Handle according to the authority prescribed by laws on product and goods quality.

2. Serve as the focal point for receiving, processing information, and reports from central inspection agencies, provinces, and cities to compile and report to the National Standard Measurement Quality Administration on the situation and results of quality inspections of imported goods (according to Model 6.B - Appendix attached to this Circular).

Article 13. Responsibilities of the Department of Science and Technology

1. Direct and handle according to authority cases where imported goods do not meet quality requirements reported by the Provincial Standard Measurement Quality Control Agency. In cases exceeding authority, report to the provincial People's Committee for consideration and decision.

2. Compile and report to the provincial People's Committee, the Ministry of Science and Technology (National Standard Measurement Quality Administration) on the situation and results of quality inspections of imported goods within the province on a six-monthly and annual basis. The deadline for submitting the report is before the 15th day of the last month of the reporting period.

Article 14. Responsibilities of the Provincial Standard Measurement Quality Control Agency

1. Organize the implementation of quality inspections on goods (except those specified in Clause 1 of Article 12) at border gates within its jurisdiction. Handle according to the authority prescribed by laws on product and goods quality.

2. Report to the Department of Science and Technology on the situation and results of quality inspections of imported goods within the province (according to Model 6.B - Appendix attached to this Circular).

Article 15. Responsibilities of Conformity Assessment Organizations Required

1. Provide conformity assessment results to inspection agencies and importers within the prescribed time frame.

2. Cooperate with inspection agencies when required in relation to the conformity assessment of imported goods.

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

Article 16. 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 inspections of imported goods belonging to Group 2 or upon request of inspection agencies; implement the requirements of inspection agencies when applying enhanced inspection measures.

b) Implement the requirements of authorized agencies deciding on re-export or destruction of goods that must be re-exported or destroyed.

For recycled consignments, importers bear responsibility for recycling and implementing state inspections on quality post-recycling.

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

2. The inspection agency shall be responsible for:

a) For imported goods that do not conform to published standards or corresponding technical regulations, if re-export or destruction of the consignment is required, the inspection agency transfers the inspection file containing quality violations to the customs office where the organization or individual opened the customs declaration for import procedures to handle according to their authority.

b) For imported goods that do not conform to published standards or corresponding technical regulations, if recycling is required, the importer proposes a recycling plan for the inspection agency to report to the higher management agency for decision-making. The inspection agency conducts state inspections on quality post-recycling.

ChươPart IV

IMPLEMENTING PROVISIONS

Article 17. Effective Date

1. This Circular takes effect from January 27, 2013, and replaces Circular No. 17/2009/TT-BKHCN dated June 18, 2009, issued by the Minister of Science and Technology guiding state inspections on the quality of imported goods under the management of the Ministry of Science and Technology, and Article 1 of Circular No. 13/2010/TT-BKHCN dated July 30, 2010, issued by the Minister of Science and Technology amending and supplementing certain provisions of Circular No. 17/2009/TT-BKHCN dated June 18, 2009, and Circular No. 01/2007/TT-BKHCN dated February 14, 2007.

2. During implementation, if related documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new amended, supplemented, or replaced documents.

Article 18. Responsibilities of Ministries managing industries and sectors

In accordance with the provisions of this Circular, Ministries managing industries and sectors shall issue guidelines for state inspection of the quality of imported goods within their assigned management scope.

Article 19. Responsibility for Implementation

1. Quality control agencies, importers, and related agencies are responsible for implementing this Circular. The National Standardization, Metrology and Quality Control Department shall provide guidance and monitor the implementation of this Circular.

2. During the implementation process, if there are difficulties or obstacles, the inspection agencies shall promptly report to the National Standardization, Metrology and Quality Control Department for consolidation and proposal to the Ministry of Science and Technology for guidance and amendment./.