Joint Circular No. 37/2001/TTLT/BKHCNMT-TCHQ guiding customs procedures and quality inspection for imported and exported goods subject to state quality inspection.

JOINT CIRCULAR

Guidelines for customs procedures and quality inspection for imported and exported goods subject to state quality control

Pursuant to the Customs Law dated February 20, 1990;

Pursuant to the Quality Goods Ordinance dated December 24, 1999;

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

Pursuant to Decree No. 16/1999/NĐ-CP dated March 27, 1999 of the Government on customs procedures, customs supervision, and customs fees;

Pursuant to the guidance of the Prime Minister in Circular No. 5397/VPCP-KTTH dated December 11, 2000 of the Government Office;

To implement administrative reform, enhance the responsibility of state inspection agencies and the responsibility of consignors for the quality of imported and exported goods, and facilitate import and export business activities; pending the issuance of a government decree guiding the Goods Quality Law 1999, after coordinating with relevant ministries, the Ministry of Science and Technology, Environment and the General Customs Department temporarily guide customs procedures and state inspections for exported and imported goods that must undergo state quality control as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. This circular temporarily guides state quality inspections to clear imported and exported goods based on ensuring state quality control requirements for goods listed in the State Quality Control Goods Catalogue published by the competent state agency.

2. The state quality inspections stipulated in this circular shall be conducted through pre-registration and post-inspection methods:

- Pre-registration refers to the consignor's registration for inspection with the State Quality Inspection Agency (hereinafter referred to as the Inspection Agency) before customs procedures are completed for imports.

- Post-inspection refers to the Inspection Agency conducting quality inspections after the goods have been cleared.

3. For the following goods, the Inspection Agency will not issue a Quality Inspection Registration Certificate, and the goods can only be cleared by customs after the Inspection Agency issues a notification confirming compliance with quality requirements:

- The Inspection Agency has objective evidence indicating that the imported consignment seeking registration does not meet the prescribed quality requirements.

- The inspection agency discovers that previous consignments of the same type of goods imported by the same consignor do not meet the specified quality requirements.

4. Quality inspections for Vietnamese exports shall be carried out according to bilateral or multilateral agreements between Vietnam and related countries or international organizations.

5. Imported goods of consignors will be issued a Notification Exempting Inspection under the following circumstances:

- Imported goods bearing marks recognized and announced by the General Bureau of Standards, Metrology, and Quality as meeting the standards of the exporting country during specific periods;

- Consignments of the same type, from the same manufacturer, and from the same exporter (foreign supplier) that were previously inspected and found to comply with quality requirements within six months of the most recent importation;

- Goods satisfying conditions for exemption from inspection as specified by the relevant ministry.

6. For items that fall under both the State Quality Control Goods Catalogue and other inspection requirements (determining the remaining quality of used goods), all such inspection requirements shall be carried out by the State Quality Inspection Agency (for example, used motor vehicles only need to undergo state inspection at the Vietnam Vehicle Inspection Bureau, without requiring appraisal to confirm compliance with the quality of used equipment as stipulated in Decision No. 2019/1997/QĐ-BKHCNMT dated December 1, 1997).

7. Goods, luggage, and equipment of the following entities are exempt from state quality inspections:

- Personal luggage; diplomatic goods; samples, exhibition, fair goods, gifts;

- Goods exchanged by border residents;

- Materials, equipment, machinery of joint ventures for investment not directly circulating on the market, only serving production needs of the entity;

- Goods, materials, and equipment temporarily imported for re-export;

- Transit goods, transshipment goods;

- Goods stored in bonded warehouses.

- Goods processed by Vietnamese enterprises for foreign traders.

II. SPECIFIC PROVISIONS

1. Responsibilities of the consignor

The consignor shall be responsible under the law for importing goods that meet the prescribed quality requirements and must fulfill the following requirements when importing goods listed in the State Quality Control Goods Catalogue:

- Before the goods reach the port, the consignor must register for quality inspection with the Inspection Agency. The Quality Inspection Registration Form is defined by the Inspection Agency (Model Quality Inspection Registration Form - Appendix 1).

- Within one working day from the date of clearance, the consignor must present the goods in their original condition along with the complete customs declaration and other required documents for the Inspection Agency to conduct the quality inspection at the location registered with the Inspection Agency.

- The imported goods may only be put into use after receiving a Notification of Compliance with Import Quality Requirements from the Inspection Agency (Model Notification of State Quality Control Results for Imported and Exported Goods - Appendix 2).

- Must comply with the decision on handling issued by the specialized state management agency if there is a violation of the state quality control regulations for imported goods.

- In case the goods must be re-exported, the consignor must re-export them within the time limit specified in the Re-Export Decision of the specialized state management agency. When re-exporting, the consignor must present the goods, customs declaration, and the Re-Export Decision to the customs office for re-export procedures.

2. Responsibilities of the Inspection Agency

2. 1. Conduct inspections and issue Notifications of State Quality Control Results for Imported Goods or Notifications Exempting Inspection as stipulated in Point 5, Section I of this Circular;

2. 2. Within one working day from the date of receipt of the consignor's application, the Inspection Agency must confirm the Quality Inspection Registration Form for imported goods or issue a Notification Exempting Inspection for the consignor to submit to the customs authority when completing import procedures.

- For goods listed in Point 3, Section I of this Circular, the Inspection Authority shall not confirm the State Inspection Registration Form; in this case, the goods shall only be cleared for import upon receipt of the Notification of Meeting Import Quality Requirements.

- Monitor and request the consignor to present the goods along with the completed import customs declaration dossier for inspection. Before inspecting the quality of the goods, the Inspection Authority must compare and examine; if the goods remain in their original condition and fully comply with the customs declaration regarding the name and type of goods, the Inspection Authority shall conduct the inspection according to regulations; if the goods are not in their original condition and do not match the customs declaration, the Inspection Authority shall prepare a record, report to the specialized state management agency for handling according to regulations.

- The Inspection Authority must notify the inspection results no later than five days from the date the consignor presents the goods and provides all relevant documents for inspection as required. For special types of goods, the time for notifying the inspection results shall be specified by the specialized ministry.

- In cases where imported goods fail to meet quality requirements and must be re-exported, the Inspection Authority shall seal the entire quantity of goods to be re-exported, report to the specialized state management agency for handling, and issue a Decision on Compulsory Re-export, notifying the customs authority at the place of import procedures for the consignment. The Decision on Compulsory Re-export issued by the specialized state management agency shall be sent to the customs authority at the place of import procedures for the consignment to process the re-export procedures. The deadline for re-exporting out of Vietnam shall be stipulated in the Decision on Compulsory Re-export.

3. Responsibilities of the Customs Authority

3.1. For exported goods: Customs does not require submission or presentation of a Quality Certificate.

3.2. For imported goods: in addition to the customs declaration dossier as prescribed, when processing import procedures for goods, the consignor must submit one State Inspection Registration Form for Imported Goods Quality Inspection confirmed by the Inspection Authority or a Notification of Exemption from Inspection. Based on the valid dossier and goods, the customs authority shall process clearance for the consignment according to regulations. The customs authority shall not be responsible for the quality of imported goods after clearance.

- Specifically, for motor vehicles within the List of Goods Subject to State Inspection for Quality, after the Inspection Authority (Vietnam Vehicle Inspection Agency under the Ministry of Transport) issues a Certificate of Imported Motor Vehicle Quality, the customs authority shall base on the content of the certificate; if it complies with current regulations, the customs authority shall confirm the Import Origin Declaration for Imported Motor Vehicles, if not compliant, the customs authority shall prepare a record and handle according to the law.

Upon receiving the Decision of the specialized state management agency compelling re-exportation of imported goods that do not meet quality requirements, the customs authority at the place of import procedures for the consignment shall be responsible for comparing the retained dossier of the previously cleared consignment with the actual goods presented by the consignor and the Decision on Compulsory Re-export; if they match, the customs authority shall process the re-export procedures. If the consignment subject to compulsory re-export does not match the retained customs declaration dossier, the customs authority shall return it to the specialized state management agency for further handling according to the law.

4. Organizations Implementing State Inspection for Quality

- Inspection Authorities for export and import goods under specialized ministries;

- Businesses engaged in appraisal services, meeting conditions recognized and designated by the Ministry of Science and Technology and Environment to inspect specific items after agreement with specialized ministries.

The names of goods subject to inspection and the inspection authorities are specified in the List of Goods Subject to State Inspection.

III. IMPLEMENTATION PROVISIONS.

- This Circular takes effect from the date of signature.

- The Ministry of Science and Technology and Environment, specialized ministries, and the General Department of Customs shall be responsible for organizing the implementation and publicizing this Circular at the State Inspection Authorities for Quality and places of customs procedures so that consignors are aware and comply.