Circular No. 60/2011/TT-BNNPTNT guiding the inspection of the quality of imported salt

CIRCULAR

Guidelines for Quality Inspection of Imported Salt

________________
 

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP;

Pursuant to the Law on Food Safety No. 55/2010/QH12 dated June 17, 2010;

Pursuant to the Law on Product Quality No. 05/2007/QH12 dated November 21, 2007 and 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;

The Ministry of Agriculture and Rural Development hereby guides the procedures for quality inspection of imported salt as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. These Circulars specify the procedures and contents of quality inspection of imported salt under the management responsibility of the Ministry of Agriculture and Rural Development.

2. The importation of salt in the following cases does not fall within the scope of these Circulars:

a) Temporary import for re-export, transshipment, and transit.

b) Importing for production and processing goods for export to foreign traders.

c) Personal luggage, samples, exhibition items, gifts.

Article 2. Applicability

These Circulars apply to organizations and individuals importing salt (hereinafter referred to collectively as importers); and organizations and individuals related to the inspection of imported salt quality.

Article 3. Basis for Inspection

1. Salt imported within tariff quotas:

Technical requirements for the quality of imported salt are specified in Appendix I attached hereto.

2. Salt imported outside tariff quotas:

a) For the importation of food salt, comply with the declaration of conformity registration in accordance with National Standard TCVN 3974-2007 on food salt; National Technical Regulation QCVN 8-2:2011/BYT on heavy metal contamination limits in food issued by Circular No. 02/2011/TT-BYT dated January 13, 2011 of the Ministry of Health;

b) For the importation of refined salt, comply with the declaration of conformity registration in accordance with technical requirements for the quality of imported salt with HS code 2501.00.41.20 or HS 2501.00.49.20 specified in Appendix I attached hereto;

c) For the importation of industrial salt and other unprocessed salts, comply with the declaration of conformity registration in accordance with technical requirements for the quality of imported salt with HS code 2501.00.90.90 specified in Appendix I attached hereto.

Article 4. Definitions

In this Circular, the following terms are understood as follows:

1. Salt (including table salt and salt that has been altered) is a compound, primarily composed of Sodium Chloride (chemical formula: NaCl), produced from seawater; extracted from salt mines for consumption, drinking, and as raw material for various industrial, chemical, food, medical, and other sectors.

2. Industrial salt is crude salt produced on salt pans or extracted from salt mines, processed to remove impurities, with high Sodium Chloride content, used in industry, chemicals, and as raw material for producing table salt and refined salt, with HS code 2501.00.90.90.

3. Refined salt is salt processed from crude salt through grinding and washing, or re-crystallization, or vacuum crystallization, used in food industry, healthcare, water treatment, and direct consumption, with HS code 2501.00.41.20 or HS 2501.00.49.20.

4. A consignment of imported salt is a collection of a type of salt determined in quantity, having the same name, function, brand, type, technical characteristics, from the same production facility and belonging to the same import dossier.

Article 5. Quality of imported salt

1. Salt imported within tariff quotas:

Types of imported salt with HS codes: 2501.00.90.90; 2501.00.41.20; 2501.00.49.20 according to the Export Tariff, Import Tariff issued by the Ministry of Finance must meet the technical requirements for salt quality as prescribed in Appendix I attached hereto.

2. Salt imported outside tariff quotas:

Types of imported salt belonging to group 2501 according to the Export Tariff, Import Tariff issued by the Ministry of Finance, before importation, importers must declare standards applicable in accordance with technical standards or technical requirements for imported salt quality as specified in Appendix I attached hereto.

Article 6. Methods for inspecting the quality of imported salt

1. The importer, after taking samples to analyze and test the quality of imported salt in accordance with Clause 2, Article 7 of this Circular, shall be permitted by the Customs authority to move the goods to storage warehouses.

2. The importer is responsible for storing the goods until the inspection results meet the required quality standards before being allowed to use the salt for production or circulation on the market.

3. The Customs authority will only complete the clearance procedures for the consignment when the Inspection Authority specified in Article 11 of this Circular issues a "Notification of Inspection Results on the Quality of Imported Salt" confirming that the consignment meets the required quality standards for imported salt as stipulated in Appendix II attached to this Circular.

Chapter II

CONTENTS, PROCEDURES FOR INSPECTION AND HANDLING OF INSPECTION RESULTS

Article 7. Procedures for registering to inspect the quality of imported salt

1. Declaration of conformity prior to signing import contracts for salt:

The procedure for declaring standards applicable (declaration of conformity) shall be carried out in accordance with Decision No. 24/2007/QD-BKHCN dated September 28, 2007 of the Ministry of Science and Technology on the issuance of "Regulations on Conformity Certification, Compliance Certification, and Declaration of Conformity, Declaration of Compliance".

2. Taking samples for analysis and testing the quality of imported salt:

a) When the consignment arrives at the port, the importer shall contact the Port Customs Authority to handle the necessary procedures and take representative samples of the imported salt consignment using random sampling methods, with the presence of a representative from the Port Customs Authority. The representative sample of the consignment shall be divided into three parts: one sample for testing; one sample retained by the Inspection Authority; and one sample retained by the sampling location. Each sample must have a minimum quantity of 200 grams and a maximum of 500 grams sufficient for testing all required indicators. All parts of the sample shall be sealed with a number from the Customs Authority and a record of the salt import sample collection shall be established according to the model form specified in Appendix IV attached to this Circular.

b) Within a period not exceeding three working days, the testing sample must be handed over to the designated testing organization. Technical requirements to be analyzed for the testing sample of the imported salt consignment are specified in Appendix V attached to this Circular. Costs for sampling and testing the quality of imported salt shall be borne by the importer.

c) A list of designated testing, appraisal, and certification organizations for salt quality by the Ministry of Agriculture and Rural Development is set forth in Appendix VI attached to this Circular and updated on the Ministry's website when changes occur.

3. The importer shall prepare one set of registration documents for inspecting the quality of imported salt and submit the documents to the Inspection Authority specified in Article 11 of this Circular. The registration documents for inspecting the quality of imported salt include:

a) A declaration form for inspecting the quality of imported salt according to the model form specified in Appendix III attached to this Circular.

b) Copies of the following documents:

- Bill of lading;

- Invoice;

- List of goods;

- Certificate of origin of goods;

- Goods declaration form (importer's declaration);

- Import license under tariff quota (if any);

- Sales contract (in Vietnamese or English; if in another language, the importer must submit a Vietnamese translation and bear legal responsibility for the content of the translation).

c) Certified copies of the following documents:

- Registered declaration of conformity;

- Notification of receipt of declaration of conformity;

- Testing results of the imported salt sample according to the model form specified in Appendix VII attached to this Circular;

- Free Circulation Certificate (FCC) for edible salt issued by the competent authority of the exporting country in accordance with Circular No. 63/2010/TT-BNNPTNT dated November 1, 2010 guiding the issuance of Free Circulation Certificates for products and goods exported and imported under the management responsibility of the Ministry of Agriculture and Rural Development.

d) Sample collection record according to the model form specified in Appendix IV attached to this Circular and the representative sample of the imported salt consignment contained in a sealed plastic box with a Customs Authority seal number.

4. Method of submitting documents: Submit directly or by mail to the Inspection Authority specified in Article 11 of this Circular.

Article 8. Content of Inspection

The inspection agency shall conduct inspections according to the following contents:

1. Inspect the completeness of the registration dossier for quality inspection of imported salt.

2. Verify the consistency between the test results of the sample of the imported salt shipment with the registration dossier, announced standards, technical quality requirements for imported salt as stipulated in Appendix I issued together with this Circular, and current regulations.

3. Re-inspect the quality of the imported salt shipment when necessary.

4. Announce the results of the quality inspection of imported salt.

Article 9. Procedure for Quality Inspection of Imported Salt

1. The inspection agency receives and inspects the completeness of the registration dossier for quality inspection of imported salt submitted by the importer. Within 01 (one) working day, the inspection agency confirms receipt of the dossier on the "Registration Form for Quality Inspection of Imported Salt" according to the model prescribed in Appendix III issued together with this Circular.

2. In case the dossier is complete: Within 03 (three) working days from the date of receiving the complete registration dossier for quality inspection, the inspection agency conducts inspection in accordance with the contents prescribed in Clause 2 of Article 8 of this Circular as follows:

a) For cases where the imported salt shipment has test results that comply with the registration dossier, announced standards, and technical quality requirements for imported salt, the inspection agency issues a Notification of the Results of Quality Inspection of Imported Salt confirming that the shipment meets the quality requirements for imported salt according to the model prescribed in Appendix II issued together with this Circular, and sends it to the importer and customs authority to process clearance for the shipment.

b) For cases where the imported salt shipment has test results that do not comply with the registration dossier, announced standards, or technical quality requirements for imported salt, the inspection agency issues a "Notification of the Results of Quality Inspection of Imported Salt" confirming that the shipment does not meet the quality requirements according to the model prescribed in Appendix II issued together with this Circular, specifying the non-compliant items, and sends it to the customs authority and the importer.

3. In case the dossier is incomplete: The inspection agency confirms the missing components of the dossier and requests the importer to supplement the dossier within 10 (ten) working days. If the importer fails to supplement the dossier, the inspection agency handles the matter according to the provisions of Clause 2 of Article 10 of this Circular.

4. Method of delivering results: At the request of the importer, deliver the results directly at the inspection agency as prescribed in Article 11 or send them through postal service to the importer.

5. Inspection fees: As prescribed by the Ministry of Finance.

Article 10. Measures for handling imported salt shipments that do not meet quality requirements

1. In case the test results of the imported salt sample do not comply with the registration dossier, announced standards, or technical quality requirements for salt as stipulated in Appendix I issued together with this Circular, within 02 (two) working days from the date of receiving the "Notification of the Results of Quality Inspection of Imported Salt," the importer may submit a written request to the designated conformity assessment organization to conduct a conformity assessment of the imported salt shipment. The result of this conformity assessment serves as the basis for the inspection agency's final decision. The cost of the conformity assessment is borne by the importer.

2. In case the importer fails to supplement the dossier within the time limit prescribed in Clause 3 of Article 9 of this Circular and does not provide a clear explanation to the inspection agency, within 03 (three) working days from the expiry date of the dossier supplementation period, the inspection agency notifies the importer to re-export the imported salt shipment.

3. In case there is a complaint, accusation, or disagreement regarding the conformity assessment result, the inspection agency takes samples again to retest the quality of the imported salt shipment. The costs of sampling and retesting the quality of imported salt are borne by the inspection agency and allocated in the budget for its operational activities. The retesting results of the testing organization designated serve as the legal basis for the inspection agency's handling during the inspection process.

In case the retesting results of the quality of the imported salt shipment do not comply with the announced standards or technical quality requirements for salt as stipulated in Appendix I issued together with this Circular, the importer must pay the costs of sampling and retesting the quality of the salt sample.

4. Depending on the degree of violation concerning quality, the inspection agency notifies the importer to re-export the imported salt shipment and coordinates with relevant authorities to handle and supervise the violation resolution process according to current regulations.

Chapter III

RESPONSIBILITIES AND LIMITATIONS OF ORGANIZATIONS AND INDIVIDUALS INVOLVED

Article 11. Inspection Authority

The Processing, Trade Department of Agriculture, Forestry, Aquaculture, and Salt Industry is the agency assigned to carry out the task of inspecting the quality of imported salt under the management responsibility of the Ministry of Agriculture and Rural Development.

1. Responsibilities:

a) Carry out inspections strictly in accordance with the assigned scope, ensuring accuracy, honesty, and objectivity during inspections;

b) Receive registration dossiers for inspection, organize inspections and sampling (if necessary) in accordance with the provisions of this Circular; be responsible for the inspection results; and the content of notifications regarding shipments that do not meet quality requirements;

c) Promptly and properly handle complaints from importers regarding inspections in accordance with regulations;

d) Fully archive inspection dossiers; report periodically every six months and annually to the Ministry of Agriculture and Rural Development on the results of quality inspections of imported salt.

2. Authorities:

a) Require importers to provide information and documents related to the imported salt shipment to facilitate inspection work;

b) Require importers to implement measures to address shipments that do not meet quality requirements as prescribed, monitor the handling process and results;

c) Recommend relevant agencies to handle importers who fail to comply with inspection regulations.

Article 12. Organizations and individuals importing salt

1. Register and comply with the regulations on quality inspection of imported salt as prescribed in this Circular; maintain the original condition of the imported salt shipment for quality inspection.

2. Comply with the requirements of the competent authority in cases where there is a decision to compel re-export of imported salt consignments.

3. Fulfill other obligations under the laws on product quality; pay for sampling and testing costs of imported salt as prescribed.

4. Be entitled to choose a salt quality testing laboratory from the list of salt quality testing organizations designated by the Ministry of Agriculture and Rural Development; lodge complaints and denunciations against any wrongful acts of the Inspection Authority and testing laboratories in accordance with the law.

Article 13. Provincial Departments of Agriculture and Rural Development

Coordinate with the Inspection Authority and relevant local agencies to handle cases of imported salt that do not meet the required quality standards as stipulated by law.

Article 14. Designated Testing Laboratories

1. Adhere strictly to testing procedures, ensure the capability of testing equipment, protect the information of the consignor in accordance with the law; ensure accurate and impartial test results; provide results within the specified timeframe to the Inspection Authority and importer; be responsible for the test results; retain records and documents related to testing activities in compliance with regulations and produce them when requested by the competent authority; compensate the consignor for material losses resulting from errors in testing conducted by themselves according to current regulations; fulfill other obligations under the laws on product quality.

2. Refuse to test samples and criteria outside the scope defined; be provided with information and participate in training courses to enhance testing capabilities; collect testing fees and charges in accordance with current regulations.

Article 15. Conformity Assessment Organizations

1. Conformity assessment organizations, upon request, are responsible for providing conformity assessment results to the Inspection Authority and importer within the specified time period.

2. Fulfill other obligations under the laws on product quality.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. Consignments of imported salt not regulated by this Circular and Circular No. 44/2011/TT-BNNPTNT dated June 20, 2011 of the Ministry of Agriculture and Rural Development supplementing the List of products and goods that may cause safety risks in cases where import contracts have been signed and satisfy one of the following conditions:

a) Have been loaded onto means of transport, with loading dates recorded on the transport documents (for sea, rail, or air transport) or have arrived at the border gate (for road transport) before the effective date of this Circular.

b) Have opened a letter of credit (L/C) or have payment documents issued prior to the effective date of this Circular.

Article 17. Responsibility for Implementation

The Processing, Marketing Department of Agriculture, Forestry, Aquatic Products and Salt Industry, relevant agencies, units, and importers are responsible for implementing this Circular.

During implementation, if any difficulties arise, please promptly report to the Ministry of Agriculture and Rural Development (through the Processing, Marketing Department of Agriculture, Forestry, Aquatic Products and Salt Industry) for review, amendment, and supplementation as necessary./.