Circular No. 37/2015/TT-BCT stipulates the limit levels and the inspection of formaldehyde and aromatic amine content derived from azo dyes in textile products.

CIRCULAR

Regulations on the limit levels and testing for formaldehyde and aromatic amine contents derived from azo dyes in textile products

transferred from azo dyes in textile products

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Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;

Pursuant to Decree No. 80/2013/NĐ-CP dated September 17, 2013 of the Government on administrative penalties for violations in the fields of standards, measurement, and product quality;

Pursuant to the proposal of the Director of the Science and Technology Department,

The Minister of Industry and Trade issues this Circular regulating the limit levels and testing for formaldehyde and aromatic amine contents derived from azo dyes in textile products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the limit levels and testing for formaldehyde and aromatic amine contents derived from azo dyes in textile products sold on the Vietnamese market. The list of textile products is specified in Appendix 1 attached hereto.

2. Textile products not subject to the provisions of this Circular include:

a) Raw yarns and fabrics that have not undergone finishing treatment;

b) Diplomatic exemption items, consular baggage, personal effects, gifts within the import tax-free quota as prescribed in Decision No. 31/2015/QĐ-TTg dated August 4, 2015 of the Prime Minister.

Article 2. Applicability

This Circular applies to:

1. Organizations and individuals producing and importing textile products for sale on the Vietnamese market;

2. Organizations designated and authorized by the Ministry of Industry and Trade to participate in state inspection activities concerning formaldehyde and aromatic amine contents derived from azo dyes in textile products;

MECHANISMS AND POLICIES REGARDING THE PRICE OF AUCTION SERVICES FOR ASSETS THAT MUST BE SOLD THROUGH AUCTIONS AS PRESCRIBED BY LAW

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. A consignment: is a set of goods with a defined quantity, belonging to the same dossier and registered for inspection in the same session. A consignment may consist of one or more textile products.

2. A production consignment: is a set of products produced on the same production line with the same technical specifications and produced in the same batch, determined by quantity, and bearing the same labeling information.

3. Textile product item: includes textile products with the same name, brand, design style, and technical characteristics.

4. Textile product: is a product primarily made from natural or synthetic fibers, processed through spinning, weaving, knitting, non-woven fabric, coated fabric, synthetic leather, or other products derived from these materials depending on their intended use.

5. Textile product for children under 36 months old: is a textile product designed for children from newborn to under 36 months old.

6. Direct skin-contact textile product: is a product that, when used, has a surface area in direct contact with human skin.

7. Non-direct skin-contact textile product: is a product that, when used, does not have a surface area in direct contact with human skin.

8. Model includes two types:

a) Representative sample: is a sample randomly taken from an item to represent that item in a consignment of products or goods.

b) Probability sample: is a sample taken arbitrarily from a product in a consignment of products/goods.

9. Routine inspection: is the form of inspection for the conformity of the dossier with the consignment, sampling for testing, evaluating the test results, and issuing a notification of the state inspection results.

10. Reduced inspection: is the form of inspection for the conformity of the dossier with the consignment, sampling for testing according to reduced sampling methods, evaluating the test results, and issuing a notification of the state inspection results.

11. File inspection: is the form of inspection for the conformity of the dossier with the consignment, and issuing a notification of the state inspection results.

12. Probability inspection: is the form of inspection conducted annually according to plan or at random for products subject to file inspection. The inspection results are reported to the competent state management authority.

Chapter II

ORGANIZATIONS PARTICIPATING IN STATE INSPECTION OF FORMALDEHYDE

AND AROMATIC AMINE CONTENTS DERIVED FROM AZO DYES IN TEXTILE PRODUCTS

Article 4. Requirements for organizations participating in state inspection

1. The Ministry of Industry and Trade designates organizations to carry out testing/ appraisal/ certification activities when such organizations meet the corresponding provisions stipulated in Articles 11, 12, and 14 of Circular No. 48/2011/TT-BCT dated December 30, 2011 of the Ministry of Industry and Trade on quality management of products and goods under Group 2 within the scope of management of the Ministry of Industry and Trade (hereinafter referred to as Circular No. 48/2011/TT-BCT).

2. The Ministry of Industry and Trade authorizes organizations to conduct state inspections when such appraisal/certification organizations have been designated according to the provisions of Clause 1 of this Article and satisfy the following requirements:

a) Having a laboratory designated according to Clause 1 of this Article;

b) Or signing a subcontracting contract with a testing organization that has been designated according to the provisions of Clause 1 of this Article;

c) Or signing a subcontracting contract with a foreign testing organization not operating in Vietnam recognized by the Ministry of Industry and Trade according to the provisions of Article 6 of this Circular.

Article 5. Procedures and formalities for designating organizations to participate in state inspection activities

Organizations wishing to participate in state inspection activities for formaldehyde and aromatic amine content derived from azo dyes in imported textile products shall prepare one set of registration dossier and submit it directly or via postal service to the Department of Science and Technology, Ministry of Industry and Trade.

1. Registration file

a) A registration form for participation in state inspection activities according to Model 1 of Appendix 5 issued together with this Circular;

b) A list of testers/appraisers/experts of the unit established according to Model 2 of Appendix 5 issued together with this Circular;

c) A list of technical documents, standards, and testing/appraisal/certification procedures for formaldehyde and aromatic amine content derived from azo dyes in textile products established according to Model 3 of Appendix 5 issued together with this Circular;

d) Certified copies (in case of submission via postal service) or copies accompanied by original documents for verification (in case of direct submission): Certificates of recognition meeting the requirements stipulated in accordance with the field of testing/appraisal/certification activities (accompanied by the Decision and annexes if any) issued by a legally recognized accreditation organization in Vietnam or a legally recognized foreign accreditation organization that is a member of the International Laboratory Accreditation Cooperation (ILAC), or the Asia Pacific Laboratory Accreditation Cooperation (APLAC) (for testing or appraisal)/the International Accreditation Forum (IAF), or the Pacific Accreditation Cooperation (PAC) (if applicable);

đ) Documentation on quality management systems corresponding to testing/appraisal/certification organizations;

e) Calibration documentation for measuring instruments (for testing organizations) in accordance with the law.

2. Receiving and processing registration dossiers

a) Within no more than three working days from the date of receipt of the dossier, the Ministry of Industry and Trade will examine the registration dossier and issue a written notification if the dossier is incomplete or invalid;

b) Within no more than five working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade will establish an Evaluation Board to assess the actual capacity of the registering organization;

c) Within no more than sixty working days from the date of establishment of the Evaluation Board, the Ministry of Industry and Trade will organize the assessment of the capacity of the registering organization;

d) Within no more than five working days after the assessment and based on the Minutes of the actual capacity evaluation meeting the requirements, the Ministry of Industry and Trade will issue a Decision designating and authorizing the organization to participate in state inspection activities and simultaneously publish the information on the Ministry of Industry and Trade's electronic portal. In case of refusal to designate, the Ministry of Industry and Trade will issue a written notification and specify the reasons;

The validity period of the designation and authorization Decision shall not exceed three years from the date of issuance.

3. Extending the time to participate in state inspection activities Three months before the expiration of the designation Decision, organizations that have been designated and authorized by the Ministry of Industry and Trade and wish to extend their participation time in state inspection activities shall prepare one set of registration dossier and submit it directly or via postal service to the Department of Science and Technology, Ministry of Industry and Trade. Specifically, as follows:

a) In cases where only extension without changes or additions to the scope and fields of activities is required, the organization shall submit a registration document for participation in state inspection activities according to Model 1 of Appendix 5 issued together with this Circular (clearly stating the request for extension) along with a report on activities over the last three years submitted to the Ministry of Industry and Trade;

Within ten working days from the date of receipt of the request document, the Ministry of Industry and Trade will review the dossier and issue an Extension Decision. In case of rejection, the Ministry of Industry and Trade will issue a written notification and specify the reasons;

The validity period of the Extension Decision shall not exceed three years.

b) In cases where there is a need to change or add to the scope and fields of activities

The organization shall prepare one set of dossier requesting changes or additions to the scope and fields of activities corresponding to each testing/appraisal/certification activity and submit it directly or via postal service to the Department of Science and Technology, Ministry of Industry and Trade. The dossier includes:

- A letter requesting changes or additions to the scope and fields of state inspection activities for formaldehyde and aromatic amine content derived from azo dyes in textile products corresponding to each testing/appraisal/certification activity (content similar to the registration letter for participation in state inspection activities according to Model 1 of Appendix 5 issued together with this Circular);

- Supporting documents or dossiers attached to evidence the content of the request for changes or additions to the scope and fields of activities;

The procedures for inspection, evaluation, and issuance of the designation Decision will be carried out as stipulated in Clause 2 of this Article.

Article 6. Procedures and formalities for recognizing testing results of foreign testing organizations not operating in Vietnam

1. The designation of foreign testing organizations not operating in Vietnam to participate in testing activities for formaldehyde content and aromatic amine derivatives from azo dyes in textile products shall be carried out in accordance with the provisions of Circular No. 26/2013/TT-BKHCN dated November 15, 2013 of the Ministry of Science and Technology on requirements, procedures, and formalities for designating foreign conformity assessment bodies to conduct conformity assessments of products and goods according to national technical regulations (hereinafter referred to as Circular No. 26).

2. Foreign testing organizations not operating in Vietnam shall establish one set of registration dossier in accordance with Clause 2, Article 8 of Circular No. 26 and submit it to the Department of Science and Technology, Ministry of Industry and Trade.

3. The procedures and formalities for receiving applications and designating foreign testing organizations not operating in Vietnam by the Ministry of Industry and Trade shall be implemented in accordance with Article 9 of Circular No. 26. The validity period of the designation decision shall not exceed three years.

Chapter III

LIMITS, TESTING METHODS, PROCEDURES AND FORMALITIES FOR STATE INSPECTION

FOR THE CONTENT OF FORMALDEHYDE AND AROMATIC AMINES DERIVED FROM

AZO DYES IN TEXTILE PRODUCTS

Article 7. Limit values for formaldehyde content and aromatic amine derivatives from azo dyes in textile products

1. The formaldehyde content in textile products shall not exceed the limit specified in Appendix 2 issued together with this Circular.

2. The content of each aromatic amine derivative from azo dyes in textile products shall not exceed thirty milligrams per kilogram. The list of aromatic amines is specified in Appendix 3 issued together with this Circular.

Article 8. Testing methods

1. The formaldehyde content in textile products shall be determined according to one of the following testing standards:

a) TCVN 7421-1:2013, Textiles - Determination of formaldehyde - Part 1: Free and hydrolyzed formaldehyde (aqueous extraction method), or;

b) ISO 14184-1:2011, Textiles - Determination of formaldehyde - Part 1: Free and hydrolyzed formaldehyde (water extraction method).

2. The content of aromatic amine derivatives from azo dyes in textile materials in textile products shall be determined according to the following testing standards:

a) ISO 24362-1:2014, Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 1: Detection of the use of certain azo colorants accessible with and without extracting the fibers (Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 1: Detection of the use of certain azo colorants accessible with and without extracting the fibers) and ISO 24362-3:2014, Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 3: Detection of the use of certain azo colorants that may release 4-aminoazobenzene (Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 3: Detection of the use of certain azo colorants that may release 4-aminoazobenzene), or;

b) EN 14362-1:2012, Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 1: Detection of the use of certain azo colorants accessible with and without extracting the fibers (Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 1: Detection of the use of certain azo colorants accessible with and without extracting the fibers) and EN 14362-3:2012, Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 3: Detection of the use of certain azo colorants that may release 4-aminoazobenzene (Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 3: Detection of the use of certain azo colorants that may release 4-aminoazobenzene).

Article 9. Sampling

1. Sampling Specifications

The samples taken for testing the formaldehyde and aromatic amine content converted from azo dyes in textile products must be clean (free from dirt, oil, grease, etc.) and shall be carried out as follows:

a) For fabric: The length of the sample is 0.5 (zero point five) meters, and the width is the full width of the fabric, with at least one edge of the fabric being equal to the circumference of the roll.

b) For yarns, threads, and other raw materials that have undergone chemical processing: The weight of the sample must be at least 50 (fifty) grams. The sample should be taken from the inner layer after removing the outermost layer for cone, bale, or spindle-shaped samples, or from the inside of the thread for spool-shaped samples.

c) For sewn products, accessories, decorative details made of synthetic leather on sewn products, and special products with woven material surfaces such as carpets, curtains, bed cushions, sofa cushions, chairs: Samples are taken from the batch, or;

Material samples, accessory samples, and decorative detail samples provided by the manufacturer along with a confirmation document (original with the seal and signature of the manufacturer's representative or seller) confirming that the samples are the materials used to produce the above products.

2. Sample Preservation

After sampling, the samples must be packaged in high-strength polyethylene bags or films to prevent contamination. The samples shall be sealed according to legal regulations.

3. Number of Samples

a) Regular Inspection Method

- For fabric: One sample is taken per color/type.

- For yarns, threads, and other raw materials that have undergone chemical processing: One sample is taken per color/style/type.

- For sewn products, accessories, and decorative details made of synthetic leather on sewn products, and special products with woven material surfaces such as carpets, curtains, bed cushions, sofa cushions, chairs:One product or one material sample is taken per color/type.

- For batches of inventory or clearance items (with various types of fabrics, different sizes of rolls, bags, and cases): The ratio and number of samples taken are as follows:

+ In the case where the number of rolls/bags/cases in the batch is less than or equal to 500 (five hundred), randomly select 3 (three) percent of the total number of rolls/bags/cases in the batch, and take one representative sample from each selected roll/bag/case;

+ In the case where the number of rolls/bags/cases in the batch exceeds 500 (five hundred), randomly select 15 (fifteen) out of 500 (five hundred) rolls/bags/cases and 2 (two) percent of the remaining rolls/bags/cases (after selecting 500 (five hundred) rolls/bags/cases) in the batch, and take one representative sample from each selected roll/bag/case.

- For batches consisting of multiple textile product codes, with each code not exceeding 5 (five) products and the total batch not exceeding 200 (two hundred) products: Take one random representative sample for each item in the batch.

b) Reduced Sampling Method (reducing the number of samples)

- For fabric: One sample is taken per color.

- For yarns, threads, and other raw materials that have undergone chemical processing: One sample is taken per color.

- For sewn products, accessories, decorative details made of synthetic leather on sewn products, and special products with woven material surfaces such as carpets, curtains, bed cushions, sofa cushions, chairs: One product or one material sample is taken per color.

- For other products: fabric, yarns, threads, and other raw materials used for sewn products, inventory, clearance items, etc., the number of samples taken ranges from 30 (thirty) percent to no more than 50 (fifty) percent compared to the regular sampling method.

Article 10. Procedures and Formalities for State Inspection of Domestic Textile and Garment Products

1. The inspection of formaldehyde and aromatic amine content derived from azo dyes in domestic textile and garment products shall be carried out in accordance with the Law on Product Quality and Goods; Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality and Goods; and Circular No. 48/2011/TT-BCT.

2. The procedures and formalities for inspecting formaldehyde and aromatic amine content derived from azo dyes in domestic textile and garment products shall be implemented according to the provisions of Article 20 of Circular No. 48/2011/TT-BCT.

Article 11. Forms and Documents for Registration of State Inspection of Imported Textile and Garment Products

1. The inspection of formaldehyde and aromatic amine content derived from azo dyes in imported textile and garment products shall be conducted through the following forms: regular inspection, reduced inspection, documentary inspection, and sampling inspection.

a) Regular Inspection

The following cases shall apply the regular inspection form:

- Imported textile and garment products, or;

- During the quality assessment process of imported batches under reduced inspection or documentary inspection, if a batch does not meet quality requirements, then the regular inspection form shall be applied.

b) Reduced Inspection

For imported textile and garment products of the same item code provided by the same manufacturer, after three consecutive inspections at an authorized organization and all batches meet the quality requirements stipulated in this Circular, the reduced inspection form shall be applied, except in the cases specified in point a of this clause.

c) Documentary Inspection

The following cases shall apply the documentary inspection form:

- Imported textile and garment products for scientific research or sample making; goods participating in exhibitions or trade fairs; imported fabrics for processing or producing export goods and imported fabrics as raw materials for export-oriented enterprises after the completion of contracts and transfer to domestic consumption: not exceeding 30 meters/samples or 05 items/sample;

- Imported textile and garment products for special purposes related to national security, defense, health, humanitarian aid, transportation, industrial production, cultural events, or foreign affairs;

- Imported textile and garment products that have certificates and are labeled with the Eco-label of the exporting country according to the list specified in Appendix 4 attached to this Circular;

- Batches consisting of complete textile and garment products with no more than 03 types of goods and 02 items per type (small batches), with import frequency not exceeding 02 times/month;

- Batches consisting of imported products that have test results from overseas testing organizations (not operating in Vietnam) recognized by the Ministry of Industry and Trade as meeting the requirements stipulated in this Circular;

- Semi-finished fabrics and imported raw materials from 10 batches or more within a maximum period of six consecutive months, which have been inspected at the same authorized organization and met the requirements stipulated in this Circular;

- Brands/companies producing textile and garment products with restricted chemical management systems and quality assurance processes related to global supply chain control, in addition to the documents prescribed in Clause 2 of this Article, shall provide the following additional documents:

+ Documents related to the restricted chemical management system;

+ Quality assurance processes related to supply chain control through various stages: raw material control, semi-finished product control, finished product control, subcontractors, and global distribution systems;

+ Certificates recognizing the quality assurance systems of the parent company and subcontractors in the supply chain issued by recognized accreditation organizations at regional and international levels (e.g., ILAC/APLAC...);

+ Some typical conformity assessment results as evidence illustrating the quality control process of specific products.

d) Sampling Inspection

Sampling inspection shall be carried out for batches during the application of the documentary inspection form with a minimum frequency of once every six months for the following cases:

- According to the annual state inspection plan approved by the Ministry of Industry and Trade;

- Based on market feedback, the competent authority will issue a document requesting the authorized organization to conduct state inspection of the products of the importing entity or individual for the corresponding item;

- The cost of sampling inspection shall be borne by the importing entity or individual applying the sampling inspection form in accordance with regulations.

a) Certified copy of the graduation certificate in the relevant field and Training Certificate suitable to the field of practice (if any) or submit a certified copy with the original for verification."

a) Application Form for Formaldehyde and Aromatic Amine Content Inspection in Imported Textile and Garment Products as specified in Model 1 of Appendix 5 attached to this Circular;

b) Certified copies stamped as true copies or confirmed by the importing entity or individual of the following documents: Invoice; Detailed Packing List; Import Declaration Form (the importing entity or individual shall provide the supplementary Declaration Form to the authorized organization designated and authorized by the Ministry of Industry and Trade after completing the import declaration procedure and before receiving the notification of the state inspection results);

c) Documentation or evidence proving that the batch falls within the scope eligible for documentary inspection or reduced inspection (if applicable).

Article 12. Procedure and process for inspection

1. Submission of registration dossier for inspection and sample collection

a) Organizations and individuals importing textile products shall directly submit or send via post one (1) set of the registration dossier for inspection to the authorized inspection organization.

b) When requested to collect samples, organizations and individuals importing shall cooperate with the Customs authority and the authorized state inspection organization to carry out sample collection in accordance with Article 9 of this Circular. The sample collection record specified in Form 3 of Appendix 6 issued together with this Circular.

2. Inspection procedure

a) For regular inspection and reduced inspection

Within no more than one (1) working day from the date of receiving a complete and valid dossier, the authorized inspection agency shall notify the sampling plan to the importing organizations and individuals.

Within no more than five (5) working days from the date of receiving the samples, the authorized state inspection agency must issue a written notification of the results of the state inspection.

In the case of reduced inspection, importing organizations and individuals belonging to enterprises prioritized according to Articles 8 and 23 of Circular No. 38/2015/TT-BTC dated March 25, 2015 on customs procedures; inspection and supervision; export tax, import tax, and tax management for exported and imported goods (hereinafter referred to as Circular No. 38/2015/TT-BTC) shall return the goods to storage. Upon receipt of the state inspection results, formal clearance procedures will be carried out.

b) For document-based inspection

Within no more than one (1) working day from the date of receiving a complete and valid dossier, the authorized state inspection agency must notify the inspection plan confirming the conformity of the consignment with the dossier to the importing organizations and individuals.

Within no more than one (1) working day from the date of inspecting the conformity of the registration dossier with the consignment, the authorized state inspection agency must issue a written notification of the results of the state inspection.

Article 13. Results of State Inspection

1. If the test result of the representative sample for a product meets the requirements stipulated in this Circular, that product is considered to meet the requirements.

2. If the test results of all items in the consignment meet the requirements stipulated in this Circular, the consignment is considered to meet the requirements.

3. If the test result of the representative sample for a color/product in the consignment does not meet the requirements stipulated in this Circular, the corresponding color/product is considered not to meet the requirements. Non-conforming colors/products shall be handled in accordance with Article 15 of this Circular.

4. If the test result of the representative sample for inventory stock or end-of-line goods (with various types of fabrics, different sizes of fabric rolls, bags, and packages) does not meet the requirements stipulated in this Circular, the entire consignment is considered not to meet the requirements and shall be handled in accordance with Article 15 of this Circular.

5. The probability inspection result serves as the basis for continuing or canceling the application of the document-based inspection method.

6. Notification of results: The results of the state inspection shall be notified through postal service or directly to the importing organizations and individuals, or provided directly to the Electronic Data Processing System of Customs in accordance with point d, Clause 3, Article 6 of Circular No. 38/2015/TT-BTC.

Article 14. Forms of Handling Violations

1. For acts violating provisions on the quality of domestically produced products and goods

Acts violating provisions on the quality of domestically produced textile and garment products shall be handled in accordance with the provisions of Article 6 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain articles of the Law on Product and Goods Quality.

2. For acts violating provisions on the quality of imported products and goods a) For textile and garment products, apply regular inspection methods

Handle violations according to the provisions of Article 19 of Decree No. 80/2013/NĐ-CP dated July 19, 2013 of the Government on administrative penalties for violations in the field of standards, measurement, and product and goods quality.

b) For products subject to reduced inspection methods or file inspections that do not meet requirements as stipulated in this Circular, handling of violations shall be carried out in the following forms:

- Conduct regular inspections;

- Handle violations according to the provisions at point a of this Clause.

3. Violations by organizations authorized to conduct state inspections and organizations designated to perform testing activities shall be handled in accordance with Article 20 of the Law on Product and Goods Quality; Article 21 of Decree No. 80/2013/NĐ-CP. Depending on the nature and degree of violation, warnings, temporary suspension, or revocation of designation decisions will be imposed.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Responsibilities of State Management Agencies

1. The Department of Science and Technology, the State management agency for product quality under the Ministry of Industry and Trade, shall be responsible for:

a) Taking the lead and coordinating with relevant agencies in managing the quality of textile and garment products;

b) Leading the evaluation, designation, authorization, and management of state inspection organizations authorized;

c) Leading the evaluation and recognition of test results conducted by foreign laboratories not operating in Vietnam;

d) Receiving, compiling, and processing information from state inspection activity reports and market information;

đ) Being responsible for urging, guiding, and inspecting the implementation of this Circular throughout the country;

e) Developing annual and ad hoc inspection plans for designated organizations, state inspection organizations authorized, and organizations and individuals importing products subject to file inspections;

g) Announcing the list of state inspection organizations and foreign testing organizations recognized by the Ministry of Industry and Trade on the Ministry's electronic portal (MOIT), address: www.moit.gov.vn.

2. The Market Management Agency shall be responsible for:

Developing plans, organizing, and directing provincial and centrally-administered city market management bureaus to inspect, control, and handle violations concerning formaldehyde and aromatic amine levels derived from azo dyes in textile and garment products as prescribed by law.

3. Provincial Departments of Industry and Trade shall be responsible for:

a) Taking the lead and coordinating with relevant agencies to organize publicity, dissemination, and provide guidance on laws and information regarding formaldehyde and aromatic amine levels derived from azo dyes in textile and garment products to production and business organizations, individuals, and consumers within their jurisdiction;

b) Inspecting, supervising, and handling administrative violations in their assigned fields within their jurisdiction in accordance with the law.

Article 16. Rights and Obligations of Organizations Designated and Authorized by the Ministry of Industry and Trade to Conduct State Inspection

1. Organizations designated and authorized by the Ministry of Industry and Trade to conduct state inspection shall operate in Vietnam.

a) Implement the rights and obligations as prescribed in Articles 19 and 20 of the Law on Product Quality.

b) Within the validity period of the designation decision (three years), they must participate at least once in a proficiency testing program and inter-laboratory comparison for textile product quality indicators specified in this Circular and report the results to the Department of Science and Technology, Ministry of Industry and Trade.

c) Report to the Ministry of Industry and Trade about any changes affecting their capacity to conduct state inspections for formaldehyde and aromatic amine levels derived from azo dyes in registered textile products within fifteen days from the date of change.

d) Immediately report the results of state inspections for non-compliant imported consignments to the Department of Science and Technology, Ministry of Industry and Trade.

đ) Regularly every six months or upon request, report activities according to Model 1 of Appendix 6 issued together with this Circular and send it to the Department of Science and Technology, Ministry of Industry and Trade.

2. Foreign testing organizations recognized but not operating in Vietnam

- Fulfill responsibilities as stipulated in Article 15 of Circular No. 26.

- Submit notifications and reports on activities as required to the Ministry of Industry and Trade (through the Department of Science and Technology).

Article 17. Rights and Obligations of Importers and Domestic Producers

1. Ensure that textile products have formaldehyde and aromatic amine levels derived from azo dyes within the limits set out in this Circular.

2. Select organizations authorized by the Ministry of Industry and Trade to appraise or certify the quality of goods they import.

3. Recall and handle goods that do not meet quality standards.

4. Comply with product and goods quality inspections conducted by competent state management agencies.

Article 18. Transitional Provisions

1. Organizations already designated to test formaldehyde and aromatic amines that can be released from azo dyes under conditions specified in Circular No. 32/2009/TT-BCT dated November 5, 2009, of the Ministry of Industry and Trade on temporary limits for formaldehyde and aromatic amines that can be released from azo dyes under conditions specified on textile products (hereinafter referred to as Circular 32) shall continue to participate in appraisal activities for formaldehyde and aromatic amines derived from azo dyes in textile products until the expiration date of the designation decision but not later than June 30, 2016.

2. As of July 1, 2016, customs authorities will only clear imports when importers present a notification of the results of state inspections for formaldehyde and aromatic amines derived from azo dyes in imported consignments meeting the requirements set out in this Circular along with the import documentation for the consignment.

Article 19. Effective Date

1. This Circular takes effect from December 15, 2015.

2. In cases where laws, regulations, standards, and testing methods cited in this Circular are amended, supplemented, or replaced, the new provisions shall apply.

3. This Circular replaces Circular No. 32/2009/TT-BCT dated November 5, 2009, of the Ministry of Industry and Trade on temporary limits for formaldehyde and aromatic amines that can be released from azo dyes under conditions specified on textile products.

4. During implementation, any issues encountered should be promptly reported to the Ministry of Industry and Trade (Department of Science and Technology) for consideration and resolution./.