Circular No. 41/2023/TT-BCT on the List of Products and Goods Capable of Causing Safety Hazards under the Management Responsibility of the Ministry of Industry and Trade

CIRCULAR

Issuing the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Industry and Trade

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions for implementation of the Law on Product Quality;

Pursuant to Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain regulations on investment and business conditions in the field of management by the Ministry of Science and Technology and certain inspection regulations;

On the basis of Pursuant to Decree No. 13/2022/NĐ-CP dated January 21, 2022 amending and supplementing certain articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality, Decree No. 74/2018/NĐ-CP dated May 15, 2018, and Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding implementation of certain provisions of the Law on Metrology;

Based on the proposal of the Director of the Department of Science and Technology;

The Minister of Industry and Trade issues this Circular on the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Industry and Trade.

Article 1. Scope of Regulation

This Circular stipulates the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Industry and Trade (hereinafter referred to as Group 2 products and goods).

Detailed List of Group 2 products and goods, HS codes, and corresponding national technical standards are specified in the Appendix attached hereto.

Article 2. Applicability

This Circular applies to:

1. Organizations and individuals producing and trading in products and goods listed in the List of Group 2 products and goods stipulated in this Circular.

2. Accredited organizations conducting activities to serve state management requirements regarding quality of products and goods listed in the List of Group 2 products and goods stipulated in this Circular.

3. Other relevant agencies and organizations.

Article 3. Quality Management

Quality management of products and goods listed in the List of Group 2 products and goods specified in the Appendix of this Circular shall be carried out in accordance with Circular No. 36/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade on quality management of products and goods under the Management Responsibility of the Ministry of Industry and Trade and corresponding national technical standards.

Article 4. Implementation provisions

1. This Circular takes effect from February 15, 2024.

2. The following Circulars cease to be effective from the date this Circular takes effect:

a) Circular No. 41/2015/TT-BCT dated November 24, 2015 of the Minister of Industry and Trade on the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Industry and Trade.

b) Circular No. 29/2016/TT-BCT dated December 13, 2016 amending and supplementing certain articles of Circular No. 41/2015/TT-BCT dated November 24, 2015 of the Minister of Industry and Trade on the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Industry and Trade.

c) Circular No. 33/2017/TT-BCT dated December 28, 2017 of the Minister of Industry and Trade amending and supplementing HS codes in the List issued together with Circular No. 29/2016/TT-BCT dated December 13, 2016 of the Minister of Industry and Trade on the List of Products and Goods with Potential to Cause Safety Hazards under the Management Responsibility of the Ministry of Industry and Trade.

Article 5. Reference Provisions

In case laws, regulations, and national technical standards referenced and applied in the List issued together with this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.

Article 6. Implementation Organization

1. The Director of the Department of Science and Technology, the Directors of the Chemicals Administration, the Industrial Safety and Environment Administration, and the Heads of other relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Department of Science and Technology is responsible for leading and coordinating with the Industrial Safety and Environment Administration, the Chemicals Administration, and other relevant agencies and organizations to submit to the Minister of Industry and Trade for amendment and supplementation of the List of Group 2 products and goods in accordance with state management requirements at each period.

3. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly report to the Ministry of Industry and Trade for consideration and resolution./.