Circular No. 41/2018/TT-BGTVT stipulates the List of products and goods that may cause safety hazards under the responsibility of the Ministry of Transport for state management.

CIRCULAR

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

under the Management Responsibility of the Ministry of Transport

___________________

Pursuant to the Law Road Traffic year 2008;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007; lThe product list, goods in 2007;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality;No. Article 8 of the Law on Product Qualityshalla and Government Decree No. 74/201August 8/NĐ-CP 15 the 5 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;1August 8 of the Government amending and supplementing certain Articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government;

 Based on Decree No. 12/2017/NĐ-CP dated 1October 0February 2017 of the GovernmentuRegulations on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

 At the proposal of the DepartmentưởDepartment of Science and Technology and the Director of the Vietnam Vehicle Inspection Agency;

  Minister of the Ministry of Transporti promulgates this Circular regulating the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of TransportshallGoods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Transport.

Article 1. Scope of Regulation

This Circular stipulates on:

1. The List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Transport.

2. Goods code (HS) for the Product List, Goods.

Article 2. Applicability

This Circular applies to:

1. Organizations and individuals, both domestic and foreign, engaged in production, business, design, construction, and assembly of products and goods that have the potential to cause safety hazards under the management responsibility of the Ministry of Transport.

2. Organizations and individuals related to the management and quality assessment of products and goods with potential to cause safety hazards under the Management Responsibility of the Ministry of Transport.

Article 3. Principles for Managing the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Transport

1. The Product and Goods List attached as Appendix I in this Circular shall apply the following principles:

a. For imported products and goods, they must be certified as compliant with the corresponding national technical standards and regulations before clearance;

b. For domestically produced and assembled products and goods, they must be certified or announced as compliant with the corresponding national technical standards and regulations before being put on the market.

2. The Product and Goods List attached as Appendix II in this Circular shall apply the following principles:

a. For imported products and goods, they must be certified or announced as compliant with the corresponding national technical standards and regulations. The inspection and certification shall be carried out after clearance and before being put on the market;

b. For domestically produced products and goods, they must be certified or announced as compliant with the corresponding national technical standards and regulations before being put on the market.

Article 4. Principles of Application

1. In cases where the HS code only shows four digits, all eight-digit codes within the four-digit group will be applied if they match the name stated in the Quality Certificate.

2. In cases where the HS code only shows six digits, all eight-digit codes within the six-digit group will be applied if they match the name stated in the Quality Certificate.

Article 5. Effective Date

1. This Circular takes effect from September 15, 2018, and replaces Circular No. 39/2016/TT-BGTVT dated December 6, 2016, issued by the Minister of Transport regarding the Product and Goods List that have the potential to cause safety hazards under the management responsibility of the Ministry of Transport.

2. The application of HS codes and management principles according to this Circular shall be determined from September 15, 2018: for imported goods, it is the date of customs declaration opening or the arrival date at the port or the date of arrival at a Vietnamese border gate; for domestically produced and assembled products and goods, it is the date of factory release.

3. In cases where laws, regulations, standards, and technical regulations referred to in this Circular are amended, supplemented, or replaced, the new versions shall be implemented.

Article 6. Responsibility for Implementation

1. Departments and agencies under the Ministry of Transport shall be responsible for:

a) Implementing this Circular;

b) Review the product and goods list in their respective areas of management and submit to the Ministry of Transport for consideration of amendments and supplements to the list.

2. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly report to the Ministry of Transport for consideration and resolution.

Article 7. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Highway Administration, the Director of the Vietnam Inland Waterway Administration, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Railway Administration, the Director of the Civil Aviation Administration of Vietnam, the Heads of relevant agencies and units, and related individuals are responsible for implementing this Circular./.