Chapter 2.
THE CONTENT, ORDER, PROCEDURES, AND HANDLING OF VIOLATIONS
Article 7. The content of goods quality inspection
1. Goods labels:
a) Inspect goods label shall in accordance with the laws on goods labels;
b) Inspect the display of the applicable standards and the conformity mark.
2. The quality:
a) Inspect the condition for goods preservation in accordance with the regulations or the content on the goods labels;
b) Inspect the content and display of warnings about the potential danger of goods;
c) Inspect the conformity of goods with the applicable technical standards, and enclosed documents.
If samples must be taken, the Inspectorate shall take samples in accordance with Clause 2 Article 6 of this Circular.
Article 8. The order and procedure for inspection
1. The Inspectorate shall carry out the inspection in the following order:
a) Present the inspection decision (made according to the form 2a. QĐKT in the Annex enclosed with this Circular) before the inspection:
b) Carry out the inspection in accordance with Article 7 of this Circular;
c) Make an inspection record (made according to the form 3a. BBKT in the Annex enclosed with this Circular). The inspection record must bear the signatures of the representatives of the inspected premises and the Inspectorate. If the representative of the inspected premises refuses to sign the inspection record, the Inspectorate shall write “the representative of the premises does not sign the record” on the record; The inspection record that bears the signatures of the chief inspector and the members of the Inspectorate is still valid.
d) Report the inspection result to the inspecting agency and request the notification of the result of the test on the samples of goods of suspicious quality to the organizations and individuals having the inspected goods within 05 working days from the date on which the test result is received (according to the form 5. TBKQTNKD in the Annex enclosed with this Circular);
dd) Handle the inspection result in accordance with Article 9 of this Circular.
2. The quality controller shall carry out the independent inspection in the following order:
a) Present the quality controller’s card before the inspection;
b) Carry out the inspection in accordance with Article 7 of this Circular;
c) Make an inspection record (made according to the form 3b. BBKT - KSVCL in the Annex enclosed with this Circular).The inspection record must bear the signatures of the representatives of the inspected premises and the quality controller. If the representative of the inspected premises refuses to sign the record, the quality controller shall write “the representative of the premises does not sign the record” on the record; The record that bears the signatures of the quality controller and the witnesses is still valid.
d) Handle the inspection result in accordance with Article 9 of this Circular.
Article 9. Handling violations
1. If the goods fails to satisfy the requirements of goods labels, announcement of applicable standards, certification of conformity, declaration of conformity, the measures for quality control according to the corresponding technical standards applicable to the goods, and the conditions related to the production, then:
a) The Inspectorate and quality controller shall request the seller to temporarily stop selling such goods, and request him or her to contact the producer or importer to take remedial measure within the period specified in the record.
Within 24 hours, the Inspectorate and quality controller must send reports to the inspecting agency for the inspecting agency to issue a notification of the suspension of goods circulation (according to the form 7. TBTDLT in the Annex enclosed with this Circular) and handle the situation intra vires; the period of suspending goods circulation in the announcement starts from the date on which the inspection record is signed;
b) The inspecting agency only issues the notification of the permission to circulate the goods (according to the form 9. TBTTLT in the Annex enclosed with this Circular) when the seller has satisfied the requirements and sent written reports attached with evidences to the inspecting agency;
c) If the seller keeps committing the violations or refuses to comply with the requirements from the inspecting agency, within 07 working days from the date on which the conclusion about the continuation of the violations of the seller is made, the inspecting agency shall announce the name of the seller, the address of the shops, the names of goods, and the inconformity of goods on the local or central mass media depending on the seriousness and influence (according to the form 10. TBKĐCL in the Annex enclosed with this Circular). Concurrently, the inspecting agency shall send the documents to the competent persons or competent State agencies and request them to handle the situation in accordance with law.
2. If the samples test result is not conformable with the applicable standards, conformity certification, or corresponding technical regulations, the Inspectorate and quality controller shall:
a) Send reports to the inspecting agency on the sample test result of for the inspecting agency to send the seller the notification of the unsatisfactory sample test result (according to the form 5. TBKQTNKĐ in the Annex enclosed with this Circular) within 05 working days from the date on which the inspecting agency receives the test result sheet. The inspecting agency shall send the documents to the competent persons or competent State agencies and request them to handle the situation in accordance with law;
b) Make a sealing record and seal the goods in stock at the inspected premises (made according to the form 8a. BBNP - ĐKT in the Annex enclosed with this Circular).If the representative of the inspected premises refuses to sign the record, the Inspectorate and quality controller shall write “the representative of the premises does not sign the record” on the record. The record that bears the signatures of the chief inspector and the quality controller is still valid. Within 24 hours, the Inspectorate and quality controller shall send reports to the inspecting agency for the inspecting agency to issue an notification of the suspension of the goods circulation;
c) Request the seller to provide information about the goods of the same kind such as the amount of goods in stock and sold, and contact the producer or importer to carry out rectifications and fulfill the obligations as prescribed by law.
Send reports to the inspecting agency shall for the inspecting agency to send documents to competent persons or competent agencies and request them to handle the act of selling goods of which the quality is not in conformity with applicable standards or corresponding technical regulations if the goods are sold;
d) If the seller does not concur with the sample test result, he or she shall request, in writing, the inspecting agency to appoint another laboratory to test the samples within 02 working days from the date on which the notification of unsatisfactory sample test result is received. This test result is the basis for the inspecting agency to give the final conclusion. The cost of this sample test shall be incurred by the seller;
dd) The inspecting agency only issue the notification of the permission to circulate the goods (according to the form 9. TBTTLT in the Annex enclosed with this Circular) when the seller has satisfied the requirements and sent written reports attached with evidences to the inspecting agency.
3. If the regulations on labels are seriously violated (the labels are fake, the goods are expired; the information and warnings on the label is incorrect and cause danger), or there are concrete evidences that the goods are dangerous, or the sample test result does not satisfy the applicable standards, conformity certification, and corresponding technical regulations in a way that threaten the safety of humans, animals, plants, property, and the environment, or the seller fails to comply with the requirements in the notification of the suspension of goods circulation, then the inspecting agency shall send documents to the competent persons or competent State agencies and request them the handle the situation as prescribed by law, and announce the name of the seller, the addresses of the shops, the names of goods, and the inconformity of goods on the mass media.
4. If administrative violations are discovered during the inspection:
a) If the members of the Inspectorate do not include specialized inspectors or market controllers, the chief inspector shall make a record on the administrative violations (according to the form 11. BBVPHC in the Annex enclosed with this Circular) and request the inspecting agency to send documents to the competent persons or competent State agencies and request them to handle the situation as prescribed by law;1
b) If the members of the Inspectorate include specialized inspectors or market controllers, the specialized inspectors or market controllers shall make the record on the administrative violations and handle the situation as prescribed by law.
5. After finding that the goods in circulation do not satisfy the applicable standards and corresponding technical regulations, the inspecting agency shall notify and request the inspecting agency where the goods are produced or import carry out the product quality inspection at that production or import establishment in accordance with Article 5, Article 6 and Article 8 of the Government's Decree No. 132/2008/NĐ-CP dated December 31st 2008, detailing the implementation of a number of articles of the Law on Product and goods quality;
6. The documents being sent to the competent persons or the competent State agency for handing the violations include: the inspection decision, the inspection record, the notification of sample test result or the evidences that the products are not satisfactory, the administrative violation record, the sealing record, the notification of the suspension of goods circulation, the written request from the inspecting agency that the competent agency carries out the handling procedure as prescribed by law.
The persons and State agencies competent to handle violations shall consider and handle the violations in accordance with law, then notify the result to the inspecting agency for monitoring and summarizing.
Tìm kiếm
Thông tư 26/2012/TT-BKHCN (Bản Word)