Circular No. 41/2015/TT-BCT stipulates the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Industry and Trade.

CIRCULAR

Regulations on the List of Products and Goods with Potential to Cause Safety Hazards

falls under the management responsibility of the Ministry of Industry and Trade.g

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

The Minister of Industry and Trade shall issue a Circular to specify the List of products and goods that have the potential to cause safety hazards under the management responsibility of the Ministry of Industry and Trade.

Article 1. Scope of Regulation

1. This Circular specifies the List of products and goods that have the potential to cause safety hazards under the management responsibility of the Ministry of Industry and Trade (hereinafter referred to as the List of products and goods group 2).

The detailed List of products and goods group 2 is specified in the Appendix attached hereto.

2. This Circular does not apply to the following products and goods:

a) Diplomatic exemptions, consular bags, movable assets, gifts within the tax-free import quotas as stipulated in Decision No. 31/2015/QĐ-TTg dated August 4, 2015 of the Prime Minister on the quota for luggage, movable assets, gifts, samples exempted from taxes, tax exemption consideration, and non-taxation;

b) Products and goods temporarily imported for re-export, transshipment, or transit;

c) Specialized products and goods serving national defense and security.

Article 2. Applicability

This Circular applies to:

1. Organizations and individuals producing and trading in products and goods listed in the List of products and goods group 2;

2. Accredited conformity assessment bodies designated to inspect, test, examine, and certify the quality of products and goods listed in the List of products and goods group 2.

3. Other relevant agencies and organizations.

Article 3. Quality Management

1. The management of product and good quality listed in the List of products and goods group 2 as specified in the Appendix of this Circular shall be carried out in accordance with Circular No. 48/2011/TT-BCT dated December 30, 2011 of the Minister of Industry and Trade on the management of quality of products and goods group 2 under the jurisdiction of the Ministry of Industry and Trade and corresponding national technical regulations.

2. For products and goods group 2 without National Technical Regulations, the quality management shall be conducted according to National Standards or corresponding technical indicators listed in Column 3 of the Appendix attached hereto.

3. The specialized management shall be carried out in accordance with the regulatory documents specified in Column

5 of the Appendix of this Circular.

Article 4. Effective date

1. This Circular takes effect from January 1, 2016.

2. This Circular replaces Circular No. 08/2012/TT-BCT dated April 9, 2012 of the Minister of Industry and Trade on the issuance of the List of products and goods that have the potential to cause safety hazards under the management responsibility of the Ministry of Industry and Trade.

Article 5. Responsibilities for Implementation

1. The Department of Science and Technology, Ministry of Industry and Trade shall be responsible for guiding and supervising the implementation of this Circular; taking the lead and coordinating with relevant agencies to submit to the Minister of Industry and Trade for amendments and supplements to the List as required by management.

2. During the implementation process, in case of difficulties or obstacles, agencies, organizations, and individuals are requested to report to the Ministry of Industry and Trade for research and resolution.

3. In case the normative legal documents, standards, and technical regulations cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents./.