Circular No. 34/2014/TT-BNNPTNT guiding the quality inspection of imported salt

CIRCULAR

Guidelines for inspecting the quality of imported salt

_______________

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

BASED ON THE LAW ON PRODUCT QUALITY 2007;

Pursuant to the Food Safety Law 2010;

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

Based on Decree No. 38/2012/NĐ-CP dated April 25, 2012, issued by the Government, detailing certain provisions of the Food Safety Law;

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing the List of Types of Machinery and Equipment Eligible for Support Policies to Reduce Losses in Agriculture issued together with Circular No. 08/2014/TT-BNNPTNT dated March 20, 2014 of the Ministry of Agriculture and Rural Development.

The Minister of Agriculture and Rural Development issues this Circular to guide the inspection of the quality of imported salt.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the contents and procedures for inspecting the quality of imported salt under the management responsibility of the Ministry of Agriculture and Rural Development.

Article 2. The importation of salt in the following cases is not within the scope of this Circular and shall be carried out in accordance with current management regulations:

a) Temporary import for re-export, transshipment, and transit.

b) Import for production of export goods or processing goods for foreign traders.

c) Personal luggage, samples, exhibition goods, analytical grade salt (P.A.) used as chemical reagents, gifts, and cosmetic salt.

Article 2. Applicability

This Circular applies to organizations and individuals, both domestic and foreign, importing salt (hereinafter referred to as the importer); and organizations and individuals related to the inspection of the quality of imported salt.

Article 3. Explanation of Terms

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

1. Salt (including table salt and modified salt): is a compound with the main component being sodium chloride (chemical formula: NaCl), produced from seawater; extracted from salt mines for consumption, drinking, and as raw material for various industrial, chemical, food, medical, and other sectors.

2. Food-grade salt (table salt) with HS code 2501.00.10: is salt with high sodium chloride content, heavy metal residues within permissible levels, used directly for consumption and food preparation.

3. Industrial salt: is crude salt produced on salt pans with HS code 2501.00.90 or extracted from salt mines with HS code 2501.00.20, processed to remove impurities, with high sodium chloride content, used in the chemical industry or as raw material for refining salt and other industries.

4. Refined salt with HS code 2501.00.90: is salt processed through grinding and washing, re-crystallization, or vacuum crystallization, used in the food, medical, water treatment, and other industries.

5. Imported salt consignment: is a set of a single type of salt determined by quantity, having the same name, function, brand, model, technical characteristics, produced by the same manufacturer and belonging to the same import dossier.

6. Laboratory meeting VILAS standard in the field of chemistry: is a laboratory that meets the conditions according to ISO/IEC 17025:2005 standard, evaluated and granted a VILAS Laboratory Certification in the field of chemistry by the Quality Recognition Office - Ministry of Science and Technology, with testing objects being sodium chloride salt (the list is published on the website www.boa.gov.vn for importers to choose testing services for product and commodity quality control requirements).

Article 4. Basis for inspection

1. For the import of food-grade salt (table salt): National Standard TCVN 3974-2007 and food-grade salt.

2. For the import of refined salt: National Standard TCVN 9639-2013 refined salt (sodium chloride).

3. For the import of industrial salt: National Standard TCVN 9640-2013 industrial salt (sodium chloride).

4. For the import of various types of salt specified in Clause 1, Clause 2, and Clause 3 of this Article: Heavy metal indicators in salt according to Technical Regulation QCVN 8-2:2011/BYT for maximum contaminant levels of heavy metals in food.

Article 5. Quality of imported salt

Types of salt imported under Group 2501 in the Export Tax Tariff and Import Tax Tariff issued by the Ministry of Finance must meet quality criteria consistent with the relevant standards and technical regulations for the quality of imported salt as stipulated in Article 4 and Appendix I attached to this Circular.

Article 6. Methods for inspecting the quality of imported salt and sampling for testing, sample retention

1. Method for inspecting the quality of imported salt:

Strict quality inspection methods shall be applied to imported salt. All batches of imported salt must be inspected and evaluated for quality upon importation.

2. Sampling for testing and sample retention:

a) When a batch of salt arrives at the customs checkpoint, the importer shall contact the customs authority at the point of entry to complete customs procedures, take samples of salt according to Clause 2, Point b, Article 6 of this Circular, and store the goods in a warehouse according to the regulations of the customs authority.

b) A representative sample of the batch of imported salt shall be taken randomly, with the presence of a representative from the customs authority at the point of entry. The sample shall be divided into three parts: one part for testing; one part retained by the inspection authority; and one part retained by the importer. Each sample shall have a minimum weight of 200 grams and a maximum weight of 500 grams, sufficient for testing all required indicators according to the regulations. The salt sample shall be stored in a sealed plastic container or bottle labeled with the sealing number of the customs authority. Representatives of the importer and the customs authority shall prepare a record of the salt sample collection according to the model form specified in Appendix IV issued together with this Circular.

c) Within a period not exceeding three working days, the importer must deliver the test sample to a VILAS-certified laboratory in the field of chemistry. Technical requirements for analyzing the test sample of the batch of imported salt are stipulated in Appendix V issued together with this Circular. The cost of sampling and testing the quality of the imported salt sample shall be borne by the importer.

d) The retention period for samples at the inspection authority and the importer shall be ninety days from the date the inspection authority issues the notification of the results of the salt quality inspection.

Chapter II

CONTENTS, PROCEDURES FOR INSPECTION AND HANDLING OF RESULTS

QUALITY INSPECTION OF IMPORTED SALT

Article 7. Content of Inspections

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

1. Inspection of the completeness of the application dossier for quality inspection of imported salt as prescribed in Article 8 of this Circular.

2. Inspection of the consistency between the sample, the test results of the batch of imported salt, and the content of the application dossier for quality inspection of imported salt, as well as the corresponding quality requirements for imported salt stipulated in Article 4 and Appendix I issued together with this Circular.

3. Re-evaluation of the quality of the batch of imported salt when there are complaints or reports about its quality.

Article 8. Application Dossier for Quality Inspection of Imported Salt

The importer shall submit one set of the application dossier for quality inspection of imported salt directly or through postal service to the inspection authority as prescribed in Article 11 of this Circular. The dossier includes:

1. The application for quality inspection of imported salt according to the model form specified in Appendix III issued together with this Circular.

2. Photocopies of the following documents:

a) Sales contract (in Vietnamese or English; if in another language, the importer must submit a Vietnamese translation and bear legal responsibility for the content of the translation).

b) Invoice;

c) List of goods;

d) Certificate of origin of goods;

đ) Bill of lading;

e) Customs declaration for imported goods;

g) Import license under tariff quota (if applicable);

3. Certified copy: Free Circulation Certificate (abbreviated as CFS) for edible salt issued by the competent authority of the exporting country according to Circular No. 63/2010/TT-BNNPTNT dated November 1, 2010, of the Minister of Agriculture and Rural Development guiding the issuance of Free Circulation Certificates for products and goods exported and imported under the management of the Ministry of Agriculture and Rural Development.

4. Originals of the following documents:

a) Record of sample collection according to the model form specified in Appendix IV issued together with this Circular and the imported salt sample according to Clause 2, Point a, Article 6 of this Circular;

b) Test results of the imported salt sample issued by a VILAS-certified laboratory in the field of chemistry according to the model form specified in Appendix VI issued together with this Circular.

Article 9. Procedure for Quality Inspection of Imported Salt

1. The inspection agency receives and checks the completeness of the application form for quality inspection of salt submitted by the importer. Within 01 (one) working day from the date of receipt of the application form, the inspection agency responds regarding the validity of the application form and confirms on the "Salt Import Quality Inspection Application Form" according to the model prescribed in Appendix III issued together with this Circular. In this regard, the inspection agency confirms that the application form is complete or identifies the missing parts of the application form, and the importer is responsible for supplementing the application form within 10 (ten) working days.

2. In case the importer fails to supplement the application form adequately, the inspection agency shall handle it in accordance with the provisions of Clause 2, Article 10 of this Circular.

3. In case the application form is complete: Within 02 (two) working days from the date of receiving the complete application form for quality inspection, the inspection agency conducts inspection in accordance with the contents stipulated in Clause 2, Article 7 of this Circular and issues the "Notification of Salt Import Quality Inspection Results" as follows:

a) In case the sample of the imported salt batch is consistent with the content of the application form and the test result of the imported salt sample meets the requirements of the imported salt quality as prescribed in Article 4 and Appendix I issued together with this Circular, the inspection agency issues the "Notification of Salt Import Quality Inspection Results" confirming that the batch meets the requirements of imported salt quality according to the model prescribed in Appendix II issued together with this Circular, and sends it to the importer and customs authority for clearance procedures for the batch.

b) In case the sample of the imported salt batch does not comply with the content of the application form or the test result of the imported salt sample does not meet the requirements of the imported salt quality as prescribed in Article 4 and Appendix I issued together with this Circular, the inspection agency issues the "Notification of Salt Import Quality Inspection Results" confirming that the batch does not meet the quality requirements according to the model prescribed in Appendix II issued together with this Circular, specifying the non-compliant contents, and sends it to the importer and customs authority.

4. Method of delivering results: At the request of the importer, the results may be delivered directly at the inspection agency specified in Article 11 or sent via postal service to the importer, with the postal fee borne by the importer.

5. Conditions for allowing the imported salt batch to enter production or circulation in the market:

a) The customs authority only completes the clearance procedure for the batch when the inspection agency specified in Article 11 of this Circular issues the "Notification of Salt Import Quality Inspection Results" confirming that the batch meets the requirements of imported salt quality according to the model prescribed in Appendix II issued together with this Circular.

b) The importer is responsible for storing the goods in accordance with the customs authority's regulations until the inspection agency issues the "Notification of Salt Import Quality Inspection Results" confirming that the batch meets the requirements of imported salt quality and the customs authority clears the import declaration, then the salt may be allowed to enter production or circulation in the market.

Article 10. Measures for handling imported salt shipments that do not meet quality requirements

1. In cases where the test results of imported salt samples do not comply with the content of the registration dossier or the corresponding quality requirements for imported salt stipulated in Article 4 and Appendix I issued together with this Circular, within two working days from the date of receiving the "Notification of Imported Salt Quality Inspection Results," the importer may submit a written request to a VILAS-standard accredited laboratory in the field of chemistry to retest the quality of the imported salt sample currently being stored by the importer. The result of this retest will serve as the basis for the inspection agency's final decision and conclusion. The testing costs shall be borne by the importer.

2. In cases where the importer fails to supplement the dossier within the time limit specified in Clause 1, Article 9 of this Circular and does not provide a clear explanation of the reasons to the inspection agency, the inspection agency will not conduct quality inspections on imported salt within three working days from the end of the dossier supplementation period.

3. In cases where complaints or reports arise during the process of inspecting the quality of imported salt, the inspection agency will take samples for retesting the quality of the imported salt shipment. The costs for sampling and retesting the quality of imported salt will be covered by the inspection agency and allocated within the budget for the inspection agency's operational expenses. The retested quality results provided by a VILAS-standard accredited laboratory in the field of chemistry will serve as the legal basis for the inspection agency's final decision and conclusion.

In cases where the retested quality results of imported salt shipments do not meet the corresponding quality requirements for imported salt stipulated in Article 4 and Appendix I issued together with this Circular, the importer must reimburse the inspection agency for the costs of sampling and retesting the quality of the imported salt sample.

4. Depending on the severity of violations of the provisions of this Circular, the importer will be subject to administrative penalties and must implement corrective measures such as re-exporting or recycling the imported salt shipment according to the provisions of Government Decree No. 80/2013/NĐ-CP dated July 19, 2013, regarding administrative penalties for violations in the fields of standards, measurement, and product and commodity quality.

Chapter III

RESPONSIBILITIES AND LIMITATIONS OF THE

ORGANIZATIONS AND INDIVIDUALS INVOLVED

Article 11. Inspection Authority

Provincial Departments of Agriculture and Rural Development shall direct and assign tasks to Rural Development Agencies to carry out inspections and supervision of imported salt products according to the provisions of this Circular.

1. Responsibilities:

a) Conduct quality inspections of imported salt within their jurisdiction, ensuring accuracy, honesty, and objectivity in inspections, and maintaining the confidentiality of importers' information in accordance with the law;

b) Accept registration dossiers for quality inspections of imported salt; organize quality inspections of imported salt in accordance with the provisions of this Circular; notify the results of quality inspections of imported salt; bear responsibility for the results of quality inspections of imported salt;

c) Promptly accept and handle complaints or reports during the process of inspecting the quality of imported salt in accordance with regulations;

d) Coordinate with Customs authorities to supervise importers in preserving the original condition of the shipment until the inspection agency issues a "Notification of Imported Salt Quality Inspection Results" confirming that the shipment meets the quality requirements for imported salt as stipulated in this Circular;

đ) Maintain complete inspection records; report quarterly, semi-annually, and annually to the Ministry of Agriculture and Rural Development (through the Processing and Marketing Department of Agriculture, Forestry, Aquaculture, and Salt Industry) the results of quality inspections of imported salt as prescribed in Appendix VII of this Circular.

2. Authorities:

a) Request importers to provide information and documents related to the imported salt shipment to support the quality inspection work;

b) Recommend the Provincial Department of Agriculture and Rural Development to handle violations by importers who fail to comply with the regulations on quality inspections of imported salt;

c) Require importers to implement measures to handle shipments that do not meet quality requirements as stipulated in Clause 4, Article 10 of this Circular; supervise the implementation and results of these measures.

Article 12. Organizations and individuals importing salt

1. Obligations:

a) Register and implement regulations on quality inspection of imported salt as prescribed in this Circular;

b) Maintain the consignment in its original condition as stipulated in point b, Clause 5, Article 9 of this Circular;

c) Comply with administrative violation handling decisions (if any) and be subject to supervision by competent authorities;

d) Pay for sampling and testing costs of imported salt quality according to current regulations and actual expenses incurred in handling consignments that fail to meet imported salt quality requirements.

2. Rights:

a) Be entitled to choose a laboratory meeting VILAS standards in the field of chemistry to test the quality of imported salt;

b) Request the inspection agency to review inspection results or request re-inspection;

c) Have the right to lodge complaints and reports against any wrongful actions of the inspection agency or laboratories in accordance with the law on complaints and reports.

Article 13. Laboratories meeting VILAS standards in the field of chemistry

1. Obligations:

a) Adhere strictly to the procedures for testing the quality of imported salt, ensuring human resources, testing equipment capabilities, and confidentiality of the importer's information as prescribed by law;

b) Provide testing results within the stipulated time to inspection agencies and importers. Ensure the accuracy and objectivity of testing results and be responsible for them;

c) Compensate material losses for importers resulting from errors in testing conducted by themselves according to current regulations;

d) Store records and documents related to testing activities in compliance with regulations and present them when requested by competent authorities;

d) Fulfill other obligations as prescribed by laws on product and commodity quality;

2. Rights:

a) Charge testing fees according to current regulations;

b) Refuse to provide information related to testing results to third parties unless required by state authorities with jurisdiction;

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Transitional Provisions

Continue to apply the provisions of Circular No. 60/2011/TT-BNNPTNT dated September 9, 2011, issued by the Minister of Agriculture and Rural Development guiding inspections on the quality of imported salt, and Circular No. 68/2011/TT-BNNPTNT dated October 20, 2011, issued by the Minister of Agriculture and Rural Development amending, supplementing, and replacing certain contents of Circular No. 60/2011/TT-BNNPTNT dated September 9, 2011, issued by the Minister of Agriculture and Rural Development guiding inspections on the quality of imported salt, for consignments of imported salt that have signed import contracts and meet one of the following conditions:

1. Have been loaded onto transport means, with loading date recorded on the transport document (for goods transported by sea, rail, or air) or arrived at the border gate (for goods transported by road) before the effective date of this Circular.

2. Have opened letters of credit (L/C) or have payment documents before this Circular takes effect;

Article 15. Effective Date

This Circular takes effect from January 1, 2015, replacing Circular No. 60/2011/TT-BNNPTNT dated September 9, 2011, issued by the Minister of Agriculture and Rural Development guiding inspections on the quality of imported salt, and Circular No. 68/2011/TT-BNNPTNT dated October 20, 2011, issued by the Minister of Agriculture and Rural Development amending, supplementing, and replacing certain contents of Circular No. 60/2011/TT-BNNPTNT dated September 9, 2011, issued by the Minister of Agriculture and Rural Development guiding inspections on the quality of imported salt.

Article 16. Implementation Organization

1. The Processing and Export Department of Forestry, Aquaculture, and Salt Industry:

a) Direct the quality inspection of imported salt; guide the work of inspecting the quality of imported salt; supervise the activities of local inspection agencies under the Ministry of Agriculture and Rural Development in inspecting the quality of imported salt within their jurisdiction;

b) Summarize and report to the Ministry of Agriculture and Rural Development the results of the quality inspection of imported salt;

2. Departments of Agriculture and Rural Development of provinces and centrally governed cities:

a) Direct and assign tasks to the Rural Development Sub-department to carry out inspections and supervision of imported salt goods of importers within their management area according to the provisions of this Circular;

b) Handle cases of imported salt not meeting quality requirements (if any) within their authority according to the law;

c) Advise provincial People's Committees and municipal People's Committees directly under the Central Government to allocate funds for implementing the quality inspection of imported salt within their management area according to the provisions of this Circular;

3. During implementation, if there are difficulties, organizations, institutions, and individuals are requested to promptly reflect them to the Ministry of Agriculture and Rural Development (through the Processing and Export Department of Forestry, Aquaculture, and Salt Industry) for consideration, amendment, and supplementation to ensure compliance./.