Circular No. 22/2010/TT-BKHCN dated December 29, 2010 of the Ministry of Science and Technology providing for the grant and examination of certificate of free sale for imported, exported goods, products under management responsibility of the ministry of science and technology

CIRCULAR

PROVIDING FOR THE GRANT AND EXAMINATION OF CERTIFICATE OF FREE SALE FOR IMPORTED, EXPORTED GOODS, PRODUCTS UNDER MANAGEMENT RESPONSIBILITY OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

Pursuant to the Law on Standards and Technical Norms of June 29, 2006;

Pursuant to the Law on Product Quality of November 21, 2007;

Pursuant to the Decree No.28/2008/ND-CP of March 14, 2008 of the Government providing for functions, duties, powers and organizational structure of the Ministry of Science and Technology;
Pursuant to the Decision No.10/2010/QD-TTg of February 10, 2010 of the Prime Minister providing for certificate of free sale over imported, exported goods, products;

The Minister of Science and Technology provides for issuing and examining certificate of free sale over imported, exported goods, products to be of responsibility of ministry of science and technologyas follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular provides for conditions, orders, procedures of issuance, re-issuance, withdrawal of certificate of free sale (Certificate of Free Sale, hereinafter called as CFS) over domestic produced goods, products for export; examining CFS for selling in Vietnam to under managerial responsibility of Ministry of Science and Technology.

2. This Circular does not apply to equipment of nuclear radiation safety.

Article 2. Subjects of application

This Circular applies to the following subjects:

1. Persons requesting for issuing CFS include: exporting traders, producers, representatives with lawful letters of power of export traders or producers who produce goods, products under managerial responsibility of Ministry of Science and Technology.

2. The state management agency and organizations, individuals relating to quality of goods, products.

Chapter 2.

CONDITIONS, ORDERS, PROCEDURES OF GRANTING, RE-GRANTING, WITHDRAWAL OF CFS OVER EXPORT GOODS, PRODUCTS

Article 3. Conditions for granting of CFS

Domestic produced goods, products for export under managerial responsibility of Ministry of Science and Technology provided in Annex I issuing together with this Circular shall be issued CFS when meeting the following conditions:

1. Having request of person requesting for issuance of CFS.

2. Having standard applicable declaration and evidence for such goods, products in compliance with declared standards.

Article 4. Orders, procedures for granting of CFS

1. Registration of trader’s dossier

Person requesting for granting of CFS must conduct registration of trader dossier at the Directorate for Standards, Metrology and Quality when requesting for so at the first time and shall be considered for issuance of CFS only when conducted registration of trader dossier.

The registration of trader dossier is implemented according to provisions in Article 9 Decision No.10/2010/QD-TTg dated February 10, 2010 of the Prime Minister providing for CFS over import, export goods, products (hereinafter called as Decision No.10/2010/QD-TTg).

2. Application for CFS granting

Person requesting for CFS granting with demand to be granted CFS for exporting goods, products shall compiles 01 set of requesting dossier and sends to the Directorate for Standards, Metrology and Quality. Dossier of registration comprises:

a) Written request for CFS granting according to form provided in Annex II issuing together with this Circular;

b) Standards of applicable declaration (origin) enclosed with evidence of such goods, products in compliance with declared standards.

3. Dossier appraisal and CFS granting

a) In case of full and regular dossier

Within time-limit not exceed 05 working days since the date of receipt of full and regular dossier, the Directorate for Standards, Metrology and Quality organizes for dossier appraisal and issues CFS to goods, products according to form provided in Annex III issuing together with this Circular. CFS is valid for 02 years since the date of issuance.

b) In case of insufficient dossier

The Directorate for Standards, Metrology and Quality returns dossier and instructs person requesting for issuance of CFS for supplementation, dossier completion.

c) When appraising dossier, realizing that it is not basis enough for issuance of CFS or finding out signals of law violation toward CFSs issued before, the Directorate for Standards, Metrology and Quality may conduct the real examination at production place or appoints organization of valuing sufficient capable suitableness to implement the valuation of quality of goods, products according to the standards of applicable declaration. Cost for examination, valuation shall be born by applicant. After having result of valuation, real examination, the Directorate for Standards, Metrology and Quality conducts:

- To issues CFS according to provision in point a of this clause if dossier requesting for issuance of CFS supplemented fully and regularly;

- To issue written notification to applicant for refusing to issue CFS if goods, products fail to satisfy conditions of issuance of CFS as provided in Article 3 of this Circular or dossier with controversies on contents or dossier with faked documents.

Article 5. Re-granting of CFS

1. In case CFS is still valid

Within valid time-limit of CFS, if a person requesting for CFS granting has demand for re-granting of certified true copy of original CFS because of the origin was lost or missed or damaged, applicant applies written request for re-issuance of so according to form provided in Annex IV issuing together with this Circular.

Within time-limit not exceed 05 working days, the Directorate for Standards, Metrology and Quality issues certified true copy of original CFS according to form provided in Annex V issuing together with this Circular if information in dossier requesting for CFS re-issuance is exact and regular compared to information in dossier of issuing original CFS archived at the Directorate for Standards, Metrology and Quality. Such copy contains issuance date and valid time of the original CFS.

If information in dossier requesting for CFS re-issuance with contradiction contents compared to information in dossier of issuing original CFS, the Directorate for Standards, Metrology and Quality issues written notification for refusing the re-issuance of certified true copy of original CFS.

2. In case granted CFS is invalid

When granted CFS is invalid, if having demand for CFS re-granting, applicant conducts procedures according to provision in clause 2 Article 4 if this Circular.

Article 6. Withdrawal of granted CFS

Withdrawal of granted CFS is implemented according to provision in Article 14 Decision No. 10/2010/QD-TTg.

Chapter 3.

EXAMINATION OF CFS OF IMPORTED GOODS, PRODUCTS

Article 7. Requirement over must-have-CFS import goods

Requirement over must-have-CFS imported goods shall be provided by Ministry of Science and Technology in other legal documents at managerial requirement for use as a basic for defining imported goods quality dossier or issuing other certificate.

Article 8. Examination of CFS of imported goods

1. CFS examination agencies

Department of Goods, Products Quality Management and Branch of Standards, Metrology and Quality of cities, provinces are competent to examine CFS over imported goods according to assigned responsibility provided in legal documents on imported goods examination.

2. CFS examination

CFS examination agencies stated in clause 1 of this Article conduct the CFS examination when considering, appraising imported goods quality dossier or issue other certificate according to current law.

In case imported goods requiring CFS but there is not CFS in import dossier, CFS examination agencies refuse to certify imported goods quality dossier or issue other certificate in writing and require the importer to supplement, complete dossier.

In case of having doubt about the accuracy of CFS or goods which are not suitable to issued CFS, CFS examination agencies implement according to provision in clause 2 Article 20 of Decision No.10/2010/QD-TTg.

In case of having evidence for imported goods accepted CFS but failing to satisfy standards declared when selling in the market, CFS examination agencies notify to the importer and consider the refusal of CFS to the next imported goods lots. The examination agencies continue to accept CFS only the importer supplies evidence enough for imported goods quality in compliance with declared standards to imported goods lots.

In case CFS examination agencies of exporting countries certify that CFS of imported goods is inexactly, CFS examination agencies are entitled to refuse the acceptance of CFS of imported goods.

Chapter 4.

IMPLEMENTATION ORGANIZATION

Article 9. Responsibility of the Directorate for Standards, Metrology and Quality

1. To organize the implementation of propagating, guiding, managing the operation of issuing CFS to imported goods, products according to provisions in this Circular and other relative provisions of law.

2. To receive, appraise dossiers and issue, re-issue CFS to imported goods, products according to provisions in this Circular.

3. To withdraw CFS issued in Article 14 of Decision No. 10/2010/QD-TTg.

4. Guiding professional skill and knowledge of examining CFS to the competent state management agency relating to the examination of CFS according to provisions in this Circular.

5. Yearly and irregularly at requirement, sending report to Ministry of Science and Technology on situations of issuance, re-issuance and examination CFS of goods, products.

Article 10. Responsibility of agency of examination of CFS

1. To examine CFS of imported goods according to provision of this Circular.

2. Yearly and irregularly at requirement, send report to the Directorate for Standards, Metrology and Quality on situation of examination of CFS of imported goods.

Article 11. Responsibility of producers, import, export traders of goods, products

1. To implement according to requirement of agency of issuing CFS, agency of inspecting CFS for the contents provided in this Circular.

2. To take responsibility before current law for the accuracy, precision for the declarations relating to the request for issuance, re- issuance CFS and CFS of imported goods.

3. To submit to the supervision, examination, inspection on the contents provided in this Circular and other relative provisions of law.

Article 12. Implementation provisions

1. This Circular takes effect after 45 days sine the signing date.

2. In case for any change, replace to the legal documents provided in this Circular, the changed, replaced new documents shall apply.

3. During the course of implementation, if there is any difficulties, agencies, organizations, individuals need to send written reflection timely to Ministry of Science and Technology for consideration, settlement./.

ANNEX I

LIST OF DOMESTIC GOODS, PRODUCTS FOR EXPORT UNDER MANAGEMENT RESPONSIBILITY OF THE MINISTRY OF SCIENCE AND TECHNOLOGY
(Issuing together with the Circular No. 22/2010/TT-BKHCN dated December 29, 2010 of the Minister of Science and Technology)

ANNEX II

FORM OF APPLICATION FOR ISSUANCE OF CERTIFICATE OF FREE SALE
(Issuing together withthe Circular No. 22/2010/TT-BKHCN dated December 29, 2010 of the Minister of Science and Technology)