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.
Tìm kiếm
Thông tư 06/2020/TT-BKHCN (Bản Word)
Thông tư 06/2020/TT-BKHCN (Bản Pdf)