Chương IV Thông tư 28/2013/TT-BCT: Trách nhiệm và quyền hạn

Chapter IV

DUTIES AND POWERS

Article 16. Duties of inspection agencies

1. To save foodstuff samples in accordance with regulations for each kind of foodstuff for re-test as required. Pass the above time limit, the inspection agencies will notify the goods owner to receive back samples or make record of sample liquidation in accordance with regulations.

2. To strictly observe regulations on process and principles in inspection and testing.

3. To receive and settle complaints of the goods owners in respect to inspection and confirmation of goods lots satisfying the import requirements which are conducted by them within five (05) working days after receiving complaints in writing of the goods owners. To bear responsibility for errors during the course of inspection and confirmation, if cause damage to the goods owners, the inspection agencies must pay compensation in accordance with current regulations.

4. To keep dossiers of inspection within three (03) years from the day of issuing notification of inspection result and to produce the archived dossier at the request of competent agencies.

5. To send report to the Ministry of Industry and Trade and propose list of foodstuffs which need to be considered to conduct inspection under the simplified method, only inspection on dossier.

6. To report to the Ministry of Industry and Trade in cases:

a) Changing, supplementing head office;

b) Temporarily stopping or terminating operation.

7. To notify customs agencies at border gates about result of inspection, in case where the goods owners have registered for inspection but failed to produce the goods lot for inspection or result of inspection failed to satisfy the import requirements.

8. To issue the confirmation of inspection registration with content “The goods lot pending the inspection result” and notify customs agencies at border gates to only conduct the customs clearance after having had inspection result in the following cases:

a) There are objective evidences that the import goods lot applying for inspection registration fail to satisfy requirements prescribed on foodstuff safety;

b) Detecting that the goods lot of the same kind and already imported before that of the same goods owner fails to satisfy requirements prescribed on foodstuff safety;

c) Goods under method of strict inspection defined in Clause 1 Article 5 of this Circular.

9. To supervise the handling of goods lot which fail to satisfy import requirements and/or suggest the local competent health agencies to coordinate in supervision over handling of goods lot which fail to satisfy import requirements in their localities.

Article 17. Powers of inspection agencies

1. To request the goods owners for providing relevant documents as prescribed in Article 9 of this Circular.

2. To be entitled to go out and in places of goods preservation and storage or allow enterprises to present whole product batch at the inspection agencies so as to conduct inspection and collection of samples.

3. To inspect foodstuff according to methods and procedures prescribed in this Circular; to take initiative in 05 (five) times of inspection to apply only (02) twice of method of normal inspection.

Article 18. Responsibilities of import goods owners

1. Before doing the customs procedures, the goods owners must submit dossier of registering for state inspection about foodstuff safety with inspection agencies as prescribed in Article 10 of this Circular, pay the inspection charges and fees in accordance with regulations.

2. As soon as the goods lot is allowed to gather in warehouse eligible for preservation, the goods owners must take initiative in producing all dossiers of registering for inspection as prescribed for inspection agencies to conduct state inspection about foodstuff safety.

3. To be allowed putting the import foodstuff into use and circulation only after the state inspection agencies of foodstuff safety issued the notification of foodstuff of satisfaction of import requirements or notification of foodstuff of only inspection on dossier in accordance with regulations.

4. To take responsibility for preservation of goods inspected during time of waiting for inspection conclusion of the inspection agencies or decision of competent agencies for case of goods lot which has conclusion of failing to satisfy import requirements in accordance with regulations.

5. To take responsibility for paying all rational cost to agencies supervising the handling of goods lots failing to satisfy the import requirements, including costs for staff of the supervision agencies. 

6. To be handled as prescribed by law for violations of regulations in this Circular. 

Article 19. Powers of import goods owners

1. To provide evidences in writing and suggest the agencies inspecting the import goods lot to re-consider result of inspection or re-inspect within ten (10) days, after receiving notification of foodstuff failing to satisfy the import requirements. After being accepted by the inspection agencies:

a) If the result of re-inspection is contrary to the initial inspection result, the goods owner must not pay costs for re-inspection;

b) If the result of re-inspection is suitable with the initial inspection result, the goods owner must bear the costs for re-inspection;

2. To prove with the inspection agencies and the Ministry of Industry and Trade about results of analyzing samples already certified, tested at laboratory satisfying the standards and regulations of international organizations or export countries where allow circulation about limitation of polluted substances allowed using in foodstuff.

3. To suggest the Ministry of Industry and Trade about one of measures to handle goods lots failing to satisfy the import requirements as prescribed in Clause 8 of this Article.  The handling measures put out must be detailed and conformable with regulations of law.

4. To make complaints and denunciation as prescribed by law on complaints, denunciation.

5. To suggest the Ministry of Industry and Trade to allow goods lots to be applied methods of simplified inspection after consecutive twice (2) of being issued notification of foodstuff satisfying the import requirements in case where the goods lot is eligible as prescribed in Article 7 or be applied method of only inspection on dossier in case where the goods lot is eligible as prescribed in Article 8 of this Circular.

6. To suggest the Ministry of Industry and Trade to allow conducting state inspection of foodstuff safety at an inspection agency of which head office is located near place of regularly gathering the goods lots.

7. To suggest the re-inspection or prove that the goods lot has satisfied requirements of foodstuff safety in case there are analysis results of at least two (02) other inspection agencies already appointed or recognized by the Ministry of Industry and Trade which are conformable with basis to compare the inspection result as prescribed in Article 13 of this Circular.

8. To propose with the Ministry of Industry and Trade about one of measures of handling as follows:

a) Reprocess of products: The goods owners must report measures to reprocess, address of reprocess to the inspection agencies and only conduct reprocess of products after having the consent in writing of state inspection agencies.  After reprocessing, the goods owners may suggest the inspection agencies to inspect the reprocessed goods lot, so as to decide on handling in the following cases:

- If the foodstuff lot satisfies the import requirements and/or must repair content of labeling, if product quality is not proper as announced on the label, the inspection agencies must report to the Ministry of Industry and Trade for consideration and decision on issuing notification of foodstuff satisfying the import requirements;

- In case where the goods lot still fails to satisfy the import requirements, the inspection agencies will notify the goods owner and suggest the Ministry of Industry and Trade to appoint an agency to supervise the destruction of the goods lot of the goods owners or change not using as foodstuff in accordance with regulations.

b) Change not use as foodstuff after modifying content of label;

c) Re-export: the goods owner must file re-export documents to inspection agencies for completing dossier;

d) Destruction: the goods owners must contract with agencies with mission of handling by destruction and have record to certify that foodstuff has been destroyed made by agencies of environmental management where supervise destruction about time, location, method and content of such destruction.

Article 20. Organization of implementation

1. The Department of Science and Technology (under the Ministry of Industry and Trade) shall:

a) To inspect, sum up reports on situation of implementation of this Circular nationwide;

b) To decide on the handling measures for import goods lots failing to satisfy requirements on foodstuff safety;

c) To decide on inspection methods for the import goods lots: Simplified inspection, only inspection on dossier on the basis of proposals of the inspection agencies or suggestions of the goods owners;

d) To appoint and announce on website of the Ministry of Industry and Trade about the inspection agencies conducting the state inspection on foodstuff safety for the import foodstuff under the management responsibility of the Ministry of Industry and Trade;

d) Periodically, conduct inspection on specialized capability of the inspection agencies; decide on temporary suspension, expansion or limitation of conducting mission of state inspection on foodstuff safety for the import foodstuff under the management responsibility of the Ministry of Industry and Trade, of the  inspection agencies already appointed by the Ministry of Industry and Trade;

e) To receive and propose the Ministry of Industry and Trade for plan to settle comments of goods owners, inspection agencies as prescribed by law.

2. The inspection agencies as appointed by the Ministry of Industry and Trade shall organize implementation of state inspection on foodstuff safety for the import foodstuff under the management responsibility of the Ministry of Industry and Trade as prescribed in this Circular.