Thông tư 06/2020/TT-BKHCN hướng dẫn và biện pháp thi hành Nghị định 132/2008/NĐ-CP

CIRCULAR

ELABORATING TO DECREE NO. 132/2008/ND-CP DATED DECEMBER 31, 2008, DECREE NO. 74/2018/ND-CP DATED MAY 15, 2018, DECREE NO. 154/2018/ND-CP DATED NOVEMBER 9, 2018 AND DECREE NO. 119/2017/ND-CP DATED NOVEMBER 1, 2017 OF THE GOVERNMENT

Pursuant to Law on Standards and Technical regulations dated June 29, 2006;

Pursuant to Law on Products and Goods Quality dated November 21, 2007;

Pursuant to Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government on elaborating to Law on Technical Standards and Regulations and Decree No. 78/2018/ND-CP dated May 16, 2018 on amendments to Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government on elaborating to Law on Technical Standards and Regulations;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of Government on elaborating to Law on Products and Goods Quality and Decree No. 74/2018/ND-CP dated May 15, 2018 of Government on amendments to Decree No. 132/2008/ND-CP dated December 31, 2008 of Government on elaborating to Law on Products and Goods Quality;

Pursuant to Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government on amendments to regulations on investment and business conditions under State management of Ministry of Science and Technology;

Pursuant to Decree No. 119/2017/ND-CP dated November 1, 2017 of the Government on imposing penalties for administrative violations in product and goods standard, measurement and quality;

Pursuant to Decree No. 95/2017/ND-CP dated August 16, 2017 of Government on functions, tasks, powers and organizational structure of Ministry of Science and Technology;

At request of Director General of Directorate for Standards, Metrology and Quality and Director of Department of Legal Affairs;

Minister of Science and Technology promulgates Circular elaborating to Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018, Decree No. 154/2018/ND-CP dated November 9, 2018 and Decree No. 119/2017/ND-CP dated November 1, 2017 of the Government.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates to:

1. Declaration of conformity and quality control of potentially unsafe commodities (hereinafter referred to as “group 2 commodities”) in manufacturing and import specified under Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government on elaborating to Law on Products and Goods Quality (hereinafter referred to as “Decree No. 132/2008/ND-CP”) amended under Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government on amendments to Decree No. 132/2008/ND-CP (hereinafter referred to as “Decree No. 74/2018/ND-CP”) and Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government on amendments to regulations on investment and business conditions under state management of Ministry of Science and Technology and regulations on specialized inspection (hereinafter referred to as “Decree No. 154/2018/ND-CP”); 

2. Remedial measures in implementation of decisions on imposing penalties for administrative violations in case of commodity import.

Article 2. Regulated entities

This Circular applies to regulatory agencies, organizations, individuals related to declaration of conformity and inspection of group 2 commodities in import, export and organizations, individuals adopting remedial measures upon receiving penalties for administrative violations in case of commodity import.

Article 3. Term interpretation

In this Circular, terms below are construed as follows:

1. “certification body certifying conformity to standards” refers to an organization that has registered to conduct certification (hereinafter referred to as “registered certification body”) specified under Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government on eligibility for providing conformity assessment service (hereinafter referred to as “Decree No. 107/2016/ND-CP”) and Decree No. 154/2018/ND-CP;

2. “certification, assessment and testing bodies conducting certification, assessment and test for group 2 commodities” refers to certification bodies, assessment bodies and testing bodies that have registered or are accredited as per the law or certification bodies, assessment bodies and testing bodies designated according to Decree No. 132/2008/ND-CP, amended under Decree No. 74/2018/ND-CP and Decree No. 154/2018/ND-CP; 

3. “regulatory inspecting authorities for commodity quality” refer to authorities assigned or decentralized to perform state inspection regarding quality of commodities under management responsibility of supervisory ministries and agencies advising, assisting supervisory People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “inspecting authorities”);    

4. “competent agencies affiliated to supervisory ministries” refers to agencies assigned or decentralized to perform state management regarding quality of commodities under management responsibility of supervisory ministries (hereinafter referred to as “competent agencies”);

5. Regulatory inspecting authorities regarding commodity quality for commodities under management responsibility of Ministry of Science and Technology shall include:

a) Authority for commodity quality control affiliated to Directorate for Standards; Metrology and Quality;

b) Agencies and entities performing tasks and functions regarding standards, metrology and quality affiliated to agencies advising and assisting People’s Committees of provinces and central-affiliated cities in performing management in science and technology which have border checkpoints or inspection areas for import commodities in provinces and central-affiliated cities (hereinafter referred to as “standards, metrology and quality inspecting authorities”);

6. ”importers” are organizations and individuals importing commodities (goods owners) or organizations, individuals, agencies entrusted to import by goods owners (entrusted party);

7. “certificate of quality” refers to any of following documents:

a) Self-conformity assessment results of organizations and individuals (hereinafter referred to as “self assessment results”);

b) Certification and assessment results provided by registered or accredited certification bodies and assessment bodies as per the law;

c) Certification and assessment results provided by designated certification bodies and assessment bodies as per the law

8. “reports on self assessment results” consist of following information:

a) Name of organizations and individuals; address; phone and fax number;

b) Name of commodities and manufacturers;

c) Number of national technical regulations;

dd) Test results conforming to national technical regulations of group 2 commodity testing bodies according to respective national technical regulations;

dd) Conclusion regarding conformity to national technical regulations of commodities;

e) Commitment regarding conformity to national technical regulations and standards declared for application of commodities and total responsibilities to the law for quality of commodities and self assessment results.

Article 4. Adoption of management measures for group 2 commodities in manufacturing and import

1. Management measures for commodities in manufacturing and import specified under Clause 2 Article 4 of Decree No. 132/2008/ND-CP amended under Clause 2 Article 1 of Decree No. 74/2018/ND-CP and Clause 2 Article 7 of Decree No. 132/2008/ND-CP amended under Clause 3 Article 1 of Decree No. 74/2018/ND-CP.

2. Management measures for group 2 commodities in manufacturing and import consist of 3 levels:

a) Level 1: declare conformity based on self-assessment results;

b) Level 2: declare conformity based on certification and assessment results of registered or accredited certification and assessment bodies as per the law for import commodities; methods of declaring conformity shall be based on certification results of registered or accredited certification bodies as per the law for manufacturing products;

c) Level 3: declare conformity based on certification and assessment results of designated certification and assessment bodies as per the law for import commodities; declare conformity based on certification results of designated certification bodies as per the law for manufacturing products.

Article 5. Adoption of management measures for group 2 commodities that fail to satisfy regulations

1. For group 2 commodities in manufacturing and import that are imposed with level 1 or level 2 management measures, in case commodities of organizations and individuals have unguaranteed quality or cause unsafe for humans, animals, plants, assets, environment, or in case of according to conclusion of competent agencies regarding complaints and accusations of manufacturing and import or in case of failure to submit reports on self assessment results (for level 1) or certificates of quality specified under Point b Clause 7 Article 3 of this Circular (for level 2) to inspecting authorities within 15 working days from the date on which import commodities are granted customs clearance without reasons, inspecting authorities shall consider imposing level 3 management measures on subsequent shipments of the organizations and individuals.  

2. In case conformity assessment results of 3 consecutive product batches of testing bodies (for level 1) and certification bodies (for level 2) confirm conformity to national technical regulations, improbability of causing unsafe for humans, animals, plants, assets, environment and receive no complaints or accusations regarding manufacturing operation from the date on which level 3 management measures are imposed, inspecting authorities shall consider and decide to revert to imposing level 1 or level 2 management measures on commodities of manufacturing organizations and individuals.

3. If importers manage to prove conformity to national technical regulations of import goods and improbability of causing unsafe to humans, animals, plants, assets, environment and if inspecting agencies do not receive complaints or accusations regarding import activities from the date on which level 3 management measures are imposed after 3 consecutive import shipments, inspecting authorities shall consider and revert to imposing level 1 or level 2 management measures on subsequent shipments of the importers.

Article 6. Following up import documents that fail to be completed

1. Imported group 2 commodities imposed with level 1 management measures

a) If importers fail to submit reports on self assessment results (including information specified under Clause 8 Article 3 of this Circular) within 15 working days from the date on which commodities are granted customs clearance:

a1) Importers shall inform inspecting authorities about reasons and date of completion in writing. Inspecting authorities shall rely on written explanation of importers (if any) and probability of causing unsafe of commodities to decide to extend the deadline for submitting self assessment results;

a2) If importers fail to inform inspecting authorities about reasons and date of completion in writing, inspecting authorities shall conduct physical inspection at facilities of importers and on the market according to Circular No. 26/2012/TT-BKHCN dated December 12, 2012 of Minister of Science and Technology on state inspection for quality of goods on the market (hereinafter referred to as “Circular No. 26/2012/TT-BKHCN”), Circular No. 12/2017/TT-BKHCN dated September 28, 2017 of Minister of Science and Technology on amendments to Circular No. 26/2012/TT-BKHCN (hereinafter referred to as “Circular No. 12/2017/TT-BKHCN”). Meanwhile, inspecting authorities shall consider and decide to impose level 3 management measures for imported commodities of the organizations and individuals.

b) If importers fail to submit self assessment results within the extended deadline, inspecting authorities shall immediately conduct inspection on the market according to Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN. Meanwhile, inspecting authorities shall consider and decide to impose level 3 management measures for imported commodities of the organizations and individuals.

2. Imported group 2 commodities imposed with level 2 management measures

a) If importers fail to submit copies of original copies (bearing signatures and seals of importers) of certificates of quality specified under Point b Clause 7 Article 3 of this Circular within 15 working days from the date on which commodities are granted customs clearance:

a1) Importers shall inform inspecting authorities about reasons and date of completion in writing. Inspecting authorities shall rely on written explanation of importers (if any) and probability of causing unsafe of commodities to decide to extend the deadline for submitting certificates of quality;

a2) If importers fail to inform inspecting authorities about reasons and date of completion in writing, inspecting authorities shall conduct inspection at facilities of importers and on the market according to Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN Meanwhile, inspecting authorities shall consider and decide to impose level 3 management measures for imported commodities of the organizations and individuals.

b) If importers fail to submit certificates of quality within the extended deadline, inspecting authorities shall immediately conduct inspection on the market according to Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN and at facilities of the importers. Meanwhile, inspecting authorities shall consider and decide to impose level 3 management measures for imported commodities of the organizations and individuals.

c) In case certification bodies or assessment bodies issue written confirmation stating that imported commodities are not regulated by respective national technical regulations, within 5 working days, importers shall submit written confirmation of certification bodies or assessment bodies to inspecting authorities to store import documents, certificates of quality are not required to be submitted together with the written confirmation.

3. Imported group 2 commodities imposed with level 3 management measures

a) In case importers fail to submit adequate import documents, inspecting authorities shall specify missing items under document receipt notes and request importers to revise within 15 working days; if importers fail to adequately revise import documents before deadline, importers shall inform inspecting authorities about reasons and date of completion in writing. inspecting authorities shall rely on documents of importers to decide on extending deadline for revising documents and inform customs authorities. Subsequent inspection steps shall only be implemented once importers complete import documents.

b) If importers fail revise import documents, inspecting authorities shall announce state inspection results regarding import commodity quality using Form No. 3 under Annex attached to Decree No. 74/2018/ND-CP within 1 working day from the date on which deadline for revising import documents expires. The announcement must specify: “Lô hàng không hoàn thiện đầy đủ hồ sơ” (Shipment with inadequate documents) and send to importers and customs authorities. Meanwhile, inspecting authorities shall take charge and cooperate with relevant agencies in conducting irregular inspections regarding commodity quality at facilities of importers and on the market according to Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN.

Article 7. Adoption of inspection exemption for imported group 2 commodities

1.  During the period of benefiting from state inspection exemption regarding quality of imported commodities, on a quarterly basis (before the 25^th of the last month in a reporting period), importers shall submit reports on import facts together with assessment results regarding conformity to national technical regulations and standards declared for application to inspecting authorities to enable inspecting authorities to monitor and perform post-control operation.   Reports on import facts together with conformity assessment results consist of:

a) Name of importers, address; phone number and fax number;

b) Date of import, border checkpoint of import (name and address);

c) Other information on imported commodities:

c1) Name of commodities, brand names, models, technical properties;

c2) Origin and manufacturers;

c3) Imported amount and weight; unit of measurement;

c4) Conformity assessment results (assessment date, results, assessing bodies/entities, national technical regulation number, standard number declared for application);

d) Commitment regarding conformity to national technical regulations and standards declared for application of commodities and total responsibilities to the law for quality of imported commodities and self assessment results.

2. During inspection exemption period or during the inspection exemption period specified under Point c Clause 8 Article 7 of Decree No. 132/2008/ND-CP amended under Clause 3 Article 1 of Decree No. 74/2018/ND-CP, if importers fail to submit reports on import facts together with assessment results regarding conformity to national technical regulations and standards declared for application to inspecting authorities to enable inspecting authorities to monitor and adopt post-control operations on a quarterly basis, inspecting authorities shall declare suspension of inspection exemption in writing.

Article 8. Quality control of imported group 2 commodities in small quantity

1. Based on management demands and requirements for each commodity type, supervisory ministries shall regulates specific management measures under respective national technical regulations in case of imported group 2 commodities in small quantity which are insufficient for collecting samples as per the law or in case test expenses determined via 3 instances of expenditure estimates of testing bodies are greater than value of imported shipments. 

2. In case respective national technical regulations have not prescribed such matter, enterprises shall comply with guidelines of supervisory ministries.

3. In case imported commodities benefit from inspection examination, if violations against respective national technical regulations or standards declared for application or in case of complaints or accusations regarding commodity quality during circulation on the market, inspecting authorities shall conduct irregular inspections at facilities of importers.

Article 9. Disposing imported commodities unsatisfactory to technical regulations and standards declared for application (if technical regulations are not available)

1. Inspecting authorities shall comply with Decree No. 74/2018/ND-CP and transfer documents to customs authorities as per customs laws for commodities imposed with level 3 management measures and unsatisfactory to national technical regulations or standards declared for application (in case technical regulations are not available) that have not been granted customs clearance. Inspecting authorities shall cooperate with customs authorities in the process.

Documents consist of application for quality control of imported commodities, conformity assessment results, state inspection results regarding quality of imported commodities, official dispatches of inspecting authorities to customs authorities where enterprises adopt import procedures to take actions as per customs laws.

2. For imported commodities imposed with level 1 and level 2 management measures, based on conformity assessment results with conclusion that the commodities fail to conform to technical regulations or standards declared for application (in case technical regulations are not available), inspecting authorities shall:

a) inform state inspection results regarding failure to satisfy quality requirements of imported commodities according to Form No. 3 under Decree No. 74/2018/ND-CP, request importers to suspend circulation, recall the commodities, submit reports to inspecting authorities regarding amount of commodities that are in store and sold, commodity preservation and propose recycling, repurposing or disposal measures;

b) conduct inspections at storage of importers to determine amount of violated commodities in store and sold:

b1) produce decision on inspection using Form No. 1.QDKT under Annex attached to this Circular.

b2) produce records of inspection using Form No. 2.QDKT under Annex attached to this Circular.

b3) seal violated commodities. Records of seal/unseal conforming to Form No. 3a-BBNP and Form No. 3b-BBMNP; Seal markers conforming to Form No. 4.TNP under Annex attached to this Circular.

b4) produce records of administrative violations using Form No. 5.BBVPHC under Annex attached to this Circular;

c) consider proposed remedial measures of importers:

c1) In case importers propose recycling measures (domestically or recycling for re-export and return to customers – sellers and to importers) or repurposing measures of commodities, inspecting authorities shall consider, produce reports and request competent authorities to approve or reject the measures. If approve measures of importers, adopt remedial measures as proposed under decisions on imposing penalties for administrative violations. If reject measures of importers, produce written response and change measures accordingly;

c2) In case importers propose disposal measures, disposal measures must be approved y environment authorities;

d) issue decisions on imposing penalties for administrative violations within their competence or transfer to competent authorities to issue decisions on imposing penalties for administrative violations as per the law;

dd) monitor and expedite implementation of decisions on imposing penalties for administrative violations. Conduct post-recycling inspection (for domestic recycling process) before introduce to the market and declare shipments eligible for circulation if conformity assessment results satisfy quality requirements according to Form No. 6.TBLHDLT under Annex of this Circular.

During processing period, complaints or accusations regarding conformity assessment results or discrepancies between different conformity assessment results for the same import shipments, inspecting authorities shall request importers to perform conformity assessment at conformity assessment bodies selected by inspecting authorities. Test results of conformity assessment bodies selected by inspecting authorities shall serve as the basis for further actions.

3. Importers shall

a) comply with decisions on imposing penalties for administrative violations.

b) adopt remedial measures according to approved measures and report to inspecting authorities:

b1) In case of adoption of domestic recycling measures, importers shall organize recycling according to approved measures; report to inspecting authorities regarding recycling results and conformity assessment results of recycled shipments satisfactory to quality requirements.

b2) In case of adoption of recycling measures for re-export to return to customers – sellers and to importers approved by manufacturing facilities in exporting countries, importers shall follow customs procedures and customs supervision for commodities imported for re-export according to Article 48 of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government on elaborating to Law on Customs on customs procedures, inspection, supervision and control amended under Clause 21 Article 1 of Decree No. 59/2018/ND-CP dated April 20, 2018 of the Government on amendments to Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government on elaborating to Law on Customs on customs procedures, inspection, supervision and control and prepare documents according to customs laws to re-export commodities and report the results to inspecting authorities.   

b3) In case of adoption of disposal measures, commodity disposal must conform to regulations and law on environmental protection.

4. Documents on imposing penalties against administrative violations consist of: application for state inspection for imported commodity quality; conformity assessment results with conclusion that shipments do not satisfy quality requirements; respective documents specified under Points a, b, c, and d Clause 2 of this Article.

Chapter II

QUALITY CONTROL OF GROUP 2 COMMODITIES UNDER MANAGEMENT RESPONSIBILITY OF MINISTRY OF SCIENCE AND TECHNOLOGY

Section 1. QUALITY INSPECTION OF IMPORTED GROUP 2 COMMODITIES

Article 10. Inspected entities

1. Group 2 commodities imported to Vietnam subject to respective national technical regulations issued by Ministry of Science and Technology and other potentially unsafe commodities under management responsibility of Ministry of Science and Technology. Use, management and organization of experiments serving quality control of imported group 2 commodities under management responsibility of Ministry of Science and Technology are specified under respective national technical regulations.  

2. For imported commodities that are radioactive substances or products containing radiation, comply with Law on Atomic Energy and guiding documents. 

Article 11. Basis of inspection

The basis of inspection shall be national technical regulations, standards declared for application for commodities, regulations on commodity labeling and relevant law provisions.

Article 12. Quality inspection of imported commodities

1. For imported commodities that are steel (other than steel for reinforced concrete), adopt level 1 management measures.

2. For imported commodities that are helmets for motorcyclists, cyclists, child’s toys, steel for reinforced concrete, electric and electronic devices (electromagnetic compatibility and safety), lubricants for internal combustion engines and lighting products using LED technology, adopt level 2 management measures.

3. Imported commodities that are gasoline, diesel fuel, biofuel, liquefied petroleum gas (LPG), compressed natural gas (CNG) and liquefied natural gas (LNG), adopt level 3 management measures.

4. For other imported commodities, based on management demands or probability of causing unsafe situations of commodities, quality inspection of imported commodities is specified under respective national technical regulations which elaborate management measures for cases specified under Clause 2 Article 4 of this Circular.

5. In case imported commodities have unguaranteed quality, potentially cause unsafe situations to humans, animals, plants, assets, environment or are subject to complaints or accusations according to conclusion of competent agencies regarding import operations, inspecting authorities shall decide to adopt a stricter management measure according to Article 5 of this Circular. 

6. Procedures for inspecting imported commodities shall comply with Decree No. 74/2018/ND-CP and Decree No. 154/2018/ND-CP.

Section 2. DECLARATION OF CONFORMITY FOR GROUP 2 COMMODITIES IN MANUFACTURING

Article 13. Declaration of conformity for group 2 commodities in manufacturing under management responsibility of Ministry of Science and Technology

1. For manufacturing commodities that are steel (other than steel for reinforced concrete), adopt level 1 management measures.

2. For manufacturing  that are helmets for motorcyclists, cyclists, child’s toys, steel for reinforced concrete, electric and electronic devices (electromagnetic compatibility and safety), lubricants for internal combustion engines and lighting products using LED technology, adopt level 2 management measures.

3. For manufacturing, processing or mixing commodities that are gasoline, diesel fuel, biofuel, liquefied petroleum gas (LPG), compressed natural gas (CNG) and liquefied natural gas (LNG), adopt level 3 management measures.

4. For other manufacturing commodities, based on management demands or probability of causing unsafe situations of commodities, conformity declaration is specified under respective national technical regulations which elaborate management measures for cases specified under Clause 2 Article 4 of this Circular.

5. Inspecting authorities shall consider and decide to adopt a stricter management measure or revert to a previous management measure for manufacturing commodities under management responsibility of Ministry of Science and Technology according to Article 5 of this Circular. Use, management and organization of experiments serving quality control of manufacturing group 2 commodities under management responsibility of Ministry of Science and Technology are specified under respective national technical regulations.  

Chapter III

IMPLEMENTATION

Article 14. Responsibilities of Ministry of Science and Technology

1. Guiding professions and inspecting operations of conformity assessment bodies, accrediting institutions for conformity assessment bodies and inspecting authorities regarding quality control of commodities under management responsibility of Ministry of Science and Technology.

For group 2 commodities specified under Article 12 and Article 13 of this Circular, based on state management demands and capacity from time to time, Ministry of Science and Technology shall consider changing management measures specified under Article 4 of this Circular to meet management facts. Management measures for group 2 commodities are specified under respective national technical regulations issued by Ministry of Science and Technology.

2. Directing and taking actions for cases in which imported commodities under management responsibility of Ministry of Science and Technology that fail to meet quality requirements reported by inspecting authorities.

3. Directorate for Standards; Metrology and Quality is responsible for organizing implementation of Clause 1 and Clause 2 of this Article. For cases that extend beyond their competence, report to Ministry of Science and Technology for consideration.

4. Authority for Commodity Quality control affiliated to Directorate for Standards; Metrology and Quality is responsible for:

a) organizing quality inspection for imported commodities that are gasoline, diesel fuel, biofuel, LPG, CNG, LNG, lubricants for internal combustion engines and other commodities according to Directorate for Standards; Metrology and Quality; taking actions as per the law regarding state management responsibility for commodity quality;

b) complying with direction of General Director of Directorate for Standards; Metrology and Quality, considering and deciding adoption of management measures specified under Article 5 of this Circular for group 2 commodities specified under Point a of this Clause; informing customs authorities about the decisions for cooperation in implementation and publicizing on website of inspecting authorities, National single-window portal and reporting to Directorate for Standards; Metrology and Quality.

Article 15. Responsibilities of supervisory ministries

1. Directing inspecting authorities affiliated to supervisory ministries to organize quality inspection for imported group 2 commodities under management responsibility of supervisory ministries and taking actions as per the law regarding state management responsibility for commodity quality.

2. Directing inspecting authorities affiliated to supervisory ministries to consider and adopt management measures specified under Article 5 of this Circular for group 2 commodities under management responsibility of supervisory ministries; informing customs authorities about the decisions for cooperation in implementation and publicizing on websites of inspecting authorities and National single-window portal.

3. Directing competent agencies affiliated to supervisory ministries to:

a) guide profession and inspect operations of registered and designated conformity assessment bodies in supervisory ministries and inspecting authorities in quality inspection of commodities under management responsibility of supervisory ministries

b) deal with cases in which imported commodities under management responsibility of supervisory ministries that fail to meet quality requirements reported by inspecting authorities.

Article 16. Responsibilities of People’s Committees of provinces and central-affiliated cities

1. People’s Committees of provinces or central-affiliated cities shall:

a) Agencies advising and assisting People’s Committees of provinces and central-affiliated cities in local administrative divisions in dealing with imported commodities unsatisfactory to quality requirements reported by inspecting authorities.

For commodities under management responsibility of Ministry of Science and Technology, inspecting authorities regarding metrology standards shall report to agencies advising and assisting People’s Committees of provinces and central-affiliated cities in managing science and technology affairs in local administrative divisions. For cases that extend beyond their competence, report to People’s Committees of provinces and central-affiliated cities for consideration and decision;

b) Agencies advising and assisting People’s Committees of provinces and central-affiliated cities in managing science and technology affairs in local administrative divisions shall consolidate and submit commodity quality inspection results to People’s Committees of provinces and central-affiliated cities and Ministry of Science and Technology according to regulations and law on periodic reporting regime within state management scope of Ministry of Science and Technology.

2. Agencies advising and assisting People’s Committees of provinces and central-affiliated cities in managing science and technology affairs within their competence shall:

a) direct metrology, quality and standard inspecting authorities to conduct quality inspection for imported commodities (except for commodities specified under Point a Clause 4 Article 14 of this Circular) in border checkpoints or inspection areas for imported commodities within their administrative divisions. Take actions within their competence against violations to regulations and law on commodity quality;

b) direct metrology, quality and standard inspecting authorities to consider and decide on adoption of management measures specified under Article 5 of this Circular for group 2 commodities specified under Point a of this Clause, inform customs authorities and other inspecting authorities about the decisions for cooperation in implementation, publicize on website of inspecting authorities, National single-window portal and report to Directorate for Standards; Metrology and Quality, agencies advising and assisting People’s Committees of provinces and central-affiliated cities in managing science and technology affairs.

c) consolidate and submit reports on commodity quality inspection results for commodities specified under Point b Clause 1 of this Article.

Article 17. Responsibilities of conformity assessment bodies

1. Providing conformity assessment results to inspecting authorities and importers within 7 days from the date on which samples are collected in case of imported commodities imposed with level 3 management measures.

a) In case of imported commodities imposed with level 1 or level 2 management measures, conformity assessment bodies shall provide conformity assessment results to importers as soon as the results are available to enable the importers to submit said results to inspecting authorities within 15 days after being granted customs clearance.

b) In case conformity assessment period must be extended due to technical issues or objective reasons, conformity assessment bodies must immediately inform importers about reasons and deadline for returning conformity assessment results to enable importers to report to inspecting authorities. 

c) In case imported commodities are not regulated by national technical regulations, within 5 working days, importers shall submit written confirmation of certification bodies or assessment bodies to inspecting authorities to store import documents, certificates of quality are not required to be submitted together with the written confirmation.

2. Cooperating with inspecting authorities upon receiving request related to conformity assessment of commodities for manufacturing and import.

3. Complying with other obligations according to regulations and law on commodity quality.

4. Promptly reporting to inspecting authorities upon detecting violations of manufacturers or importers.

Article 18. Responsibilities of relevant parties in disposing imported commodities unsatisfactory to quality requirements

1. Importers are responsible for:

a) registering and complying with regulations and law on quality inspection of imported commodities for imported group 2 commodities;

b) following up with request of competent agencies capable of deciding commodity repurposing, re-export, disposal or recycle as per the law.

For domestically recycled shipments, importers are responsible for recycling and performing state inspection regarding post-recycle quality.  For shipments recycled for re-export and return to customers - sellers for importers, importers shall re-export commodities as per customs laws and report results to inspecting authorities;

c) proving import of 3 consecutive shipments specified under Clause 3 Article 5 of this Circular to inspecting authorities via import documents to enable inspecting authorities to consider and revert to previous management measures of level 1 or level 2 for commodities of importers.

d) complying with other obligations according to regulations and law on commodity quality.

2. inspecting authorities are responsible for:

a) organizing implementation of regulations and law on quality inspection of commodities;

b) transferring inspection documents involving quality violations to customs authorities where the organizations and individuals perform customs declaration for import in case quality of imported commodities is unsatisfactory to standard declared for application or respective national technical regulations and re-export, disposal or recycle for return to customers – sellers for importers is required;

c) reporting recycling measures proposed by importers to superior agencies for imported commodities with quality unsatisfactory to standard declared for application or respective national technical regulations in case domestic recycle is required. Inspecting authorities shall perform state inspection for post-recycle quality for commodities imposed with domestic recycling measure.

Chapter IV

IMPLEMENTATION

Article 19. Entry into force

1. This Circular comes into force from January 15, 2021.

2. Following documents shall expire from the effective date hereof:

a) Circular No. 27/2012/TT-BKHCN dated December 12, 2012 of Minister of Science and Technology on state inspection for quality of imported commodities under management responsibility of Minister of Science and Technology;

b) Circular No. 07/2017/TT-BKHCN dated June 16, 2017 of Minister of Science and Technology on amendments to Circular No. 27/2012/TT-BKHCN dated December 12, 2012 of Minister of Science and Technology on state inspection for quality of imported commodities under management responsibility of Minister of Science and Technology.

3. Annul Clauses 3, 5, and 6 Article 3; Clauses 2, 3, and 4 Article 12; Point b Clause 1, Point b Clause 2, Point b Clause 3 Article 13; Point dd Clause 1 Article 17 of Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of Minister of Science and Technology and amendments thereto under Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of Minister of Science and Technology on amendments to Circular No. 28/2012/TT-BKHCN.

4. Replace regulations on reports on self assessment results specified under Point b Clause 1 Article 14 of Circular No. 28/2012/TT-BKHCN and amendments thereto under Circular No. 02/2017/TT-BKHCN, comply with Clause 8 Article 3 of this Circular from the effective date of this Circular.

5. Should legislative documents referred to in this Circular be amended or replaced, new documents shall prevail.

Article 20. Transition clauses

From the effective date of this Circular, valid notice for receipt of declaration of conformity for manufacturing commodities shall last for the entire effective duration specified on the notice.

Article 21. Responsibilities for implementation

1. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Science and Technology (via Directorate for Standards; Metrology and Quality) for consideration.

2. Director General of Directorate for Standards, Metrology and Quality is responsible for guiding and organizing implementation of this Circular.

3. Ministers, ministerial agencies and heads of Governmental agencies. Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations, individuals are responsible for implementation of this Circular./.