Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular deals with the content, order, procedures, and organization of the state inspection of quality of goods in circulation.
2. This Circular is applicable to the product quality inspection agencies and the goods belonging to the Ministries, local authorities, relevant organizations and individuals.
Article 2. Subjects of inspection
1. The goods circulating on the Vietnam’s market.
2. The specialized goods serving National defense and security are not the inspection subjects of this Circular.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Goods in circulation include the goods in transit, goods being displayed, promoted goods, and goods in storage during the trading of goods, except for the transit of goods of the organizations and individuals that import goods from the border checkpoint to warehouses.
2. Other terms in this Circular shall be construed in accordance with the interpretation in Article 3 of the Law on Product and goods quality.
Article 4. The basis for inspection
The basis for inspecting the goods quality is the applicable technical standards, the regulations on goods labels, and other regulations of law.
Article 5. The methods of goods quality inspection
The methods of inspecting the quality of goods in circulation include:
1. Inspection according to annual plans approved by competent State agencies. The planned inspection shall be carried out without giving prior notice to the traders.
a) The basis for formulating the annual plan for inspecting the quality of goods in circulation include:
- The targets and plans requested by specialized managing agencies;
- The results of the inspections of quality of goods in circulation include:
- The information on the mass media about the suspicious quality of goods;
- The domestic, foreign, regional, and international warnings about goods quality.
b) The inspection plan must provide the following information:
- The subjects of inspection
- The area of inspection;
- The time of inspection (month);
- The cost of inspection;
- The organization.
2. The irregular inspection of goods quality.
The basis for deciding a irregular inspection of quality of goods in circulation:
a) At the requests of by specialized managing agencies;
b) The complaints and denunciations against goods quality;
c) The information and warnings from domestic and foreign organizations and individuals about suspicious quality of goods that threaten the safety of human beings, animals, plants, property, and the environment;
d) The inspections of quality of goods in circulation find goods of suspicious quality
Article 6. Samples of goods for testing serving the goods quality inspection
1. The goods samples shall be purchased randomly from the market and tested at laboratories to serve the survey and supervision of the goods quality on the market. The purchase of samples for quality inspection does not have to be kept.
2. If the quality of goods is suspicious, the chief inspector shall decide to take samples. The samples taken and tested at laboratories:
a) The samples shall be taken in accordance with the sampling methods in the corresponding technical regulations and standards. In the absence of the regulations on the sampling method, the samples shall be taken randomly and adequately for testing. The samples is divided into two units. One unit shall be tested, one unit shall be kept at the inspecting agency. The Inspectorate shall specify the period of keeping samples at the inspecting agency depending on the goods and their expiration date. This period must not exceed 90 days. If there is not complaints after the period of keeping samples expires, the inspecting agency shall handle the kept samples as prescribed by current regulations.
b) The samples taken must be sealed (according to the form of seal 4b. TNPL – in the annex enclosed with this Circular), bear the signatures of the sample taker, the representative of the premises where the samples are taken, and enclosed with the sampling record ( according to the form 4a. BBLM in the Annex enclosed with this Circular). If the representative of the premises refuses to sign the sampling record, the seal, or the samples, the Inspectorate shall specify that “the representative of the premises does not sign the sampling record and the seal”. The sampling record and the sample seal that bear the signatures of the sample taker and the chief inspector are still valid.
c) The samples shall be sent to an appointed laboratory for testing.
The test result given by the appointed laboratory is the legal basis for the inspecting agency to proceed the inspection.
3. The costs of goods sampling and testing are prescribed in Article 41 of the Law on Product and goods quality and the Joint Circular No. 28/2010/TTLT-BTC-BKHCN dated March 03rd 2010 of the Ministry of Finance and the Ministry of Science and Technology, guiding the management and use of budget for the state inspection of goods quality.
Tìm kiếm
Thông tư 26/2012/TT-BKHCN (Bản Word)