Decision No. 08/2006/QD-BLDTBXH dated November 20, 2006 of the Ministry of Labor, War Invalids and Social Affairs promulgating the Provisional Regulation on quality inspection of imported products and goods under the Prime Minister’s Decision No. 50/2006/QD-TTg dated March 7, 2006, promulgating the list of products and goods subject to quality inspection

DECISION

PROMULGATING THE PROVISIONAL REGULATION ON QUALITY INSPECTION OF IMPORTED PRODUCTS AND GOODS UNDER THE PRIME MINISTER'S DECISION NO. 50/2006/QD-TTG OF MARCH 7, 2006, PROMULGATING THE LIST OF PRODUCTS AND GOODS SUBJECT TO QUALITY INSPECTION

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002, defining the functions, tasks, powers and organizational structure of the ministries and ministerial-level agencies;

Pursuant to the Government's Decree No. 29/2003/ND-CP of March 31, 2003, defining the functions, tasks, powers and organizational structure of the Labor, War Invalids and Social Affairs Ministry;

Pursuant to the Government's Decree No. 179/2004/ND-CP of October 21, 2004, stipulating the state management of quality of products and goods;

Pursuant to the Prime Minister's Decision No. 50/2006/QD-TTg of March 7, 2006, promulgating the list of products and goods subject to quality inspection;

At the proposal of the Director of the Labor Safety Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Provisional Regulation on quality inspection of imported products and goods under the Prime Minister's Decision No. 50/2006/QD-TTg of March 7, 2006, promulgating the list of products and goods subject to quality inspection.

Article 2.- The Labor Safety Department shall coordinate with concerned units in guiding the implementation of this Decision.

Article 3.- Organizations and individuals that import products and goods on the list of products and goods subject to quality inspection and technical organizations designated to inspect the quality of products and goods shall implement this Decision.

Article 4.- This Decision takes effect 15 days after its publication in "CONG BAO."

PROVISIONAL

REGULATION ON QUALITY INSPECTION OF IMPORTED PRODUCTS AND GOODS UNDER THE PRIME MINISTER'S DECISION No. 50/2006/QD-TTg OF MARCH 7, 2006, PROMULGATING THE LIST OF PRODUCTS AND GOODS SUBJECT TO QUALITY INSPECTION
(Promulgated together with the Labor, War Invalids and Social Affairs Minister's Decision No. 08/2006/QD-BLDTBXH of November 20, 2006)

Chapter I

GENERAL PROVISIONS

Article 1.- Purposes

1. To provide for contents and modes of and procedures for quality inspection of imported products and goods, specified in Section 7 of the list of products and goods subject to quality inspection, which was promulgated together with the Prime Minister's Decision No. 50/2006/QD-TTg of March 7, 2006.

2. To define powers and responsibilities of parties involved in the quality inspection of products and goods.

Article 2.- Subjects and scope of application

1. This Regulation applies to imported products and goods specified in Appendix 4.

2. This Regulation does not apply to imports being personal belongings, diplomatic luggage, sample goods, goods for display at exhibitions or trade fairs, goods exchanged by border residents and other goods not for trading purposes.

3. Importing organizations, enterprises and individuals (hereinafter referred to as enterprises) that have products and goods subject to inspection by agencies or organizations designated to inspect quality of products and goods (hereinafter referred to as inspecting organizations) specified in Appendix 4 to this Regulation.

4. When being used, products and goods specified at Items 7 thru 12 of Appendix 4 to this Regulation and having gone through quality inspection are still required to be registered and expertised according to the provisions of the Labor, War Invalids and Social Affairs Ministry's Circular No. 23/2003/TT-BLDTBXH of November 3, 2003, guiding the registration and expertise of machines, equipment, materials and substances subject to stringent labor safety and sanitation requirements.

Chapter II

QUALITY INSPECTION OF IMPORTED PRODUCTS AND GOODS

Article 3.- Grounds for inspection

Grounds for inspection are legal provisions on requirements on assurance of quality, safety, hygiene, human health, protection of the environment and other objects specified by law, and in Vietnam standards relevant to each type of product or goods (see Appendix 4).

Article 4.- Inspection modes

1. Inspection at ports of arrival (places of importation), which is conducted in either of the following two forms:

- Inspection of samples of imports: to be applied before the arrival of the goods lot at the border gate if the importing enterprise sends the import samples for inspection in advance.

- Inspection of import lots: to be applied upon the arrival of the goods lot at the border gate.

2. Inspection at ports of departure (places of exportation): This mode is applied on the principle of multilateral or mutual recognition between the Vietnamese Government and governments of countries of exportation (or at the request of enterprises).

Article 5.- Inspection methods

1. Customs clearance first, quality inspection later.

2. For products and goods specified at Items 01 thru 06 of the list in Appendix 4, their typical samples shall be tested.

3. For products and goods specified at Items 7 thru 12 of Appendix 4 (to this Regulation), the expertise of all products and goods shall be conducted. For parts and assemblies of components imported in knocked down form for assembly in Vietnam, their typical samples shall be tested.

Article 6.- Contents of and procedures for inspection of goods samples at ports of arrival

1. Before a goods lot arrives at a border-gate, the importing enterprise shall compile a dossier of registration for inspection, then send it together with goods samples to the inspecting organization (a written record shall be made according to a set form.

A dossier of registration for inspection comprises:

- A written registration for quality inspection of imports, made according to a set form;

- The import contract;

- Technical documents related to the goods quality.

To satisfy the requirements of inspection and sample keeping, the importing enterprise shall send to the inspecting organization goods samples (in the same product lot) in the following numbers:

- Six samples, if the goods lot has 3,000 products of the same type or less.

- Twelve samples, if the goods lot has more than 3,000 products of the same type.

2. The inspecting organization shall receive the dossier and goods samples, conduct the inspection according to the quality criteria provided in Vietnam Standards relevant to each type of product or goods, and notify the importing enterprise of inspection results for handling. Satisfactory results of inspection of goods samples serve as a basis for comparison with subsequent import lots of that enterprise.

3. When goods arrive at the border gate, if results of inspection of goods samples satisfy requirements, the importing enterprise shall notify the inspecting organization of the arrival and concurrently additionally send the following documents:

- The manifest (if any);

- Invoices, bills of lading (copies bearing the enterprise owner's seal and signature);

- Quality certificates of the goods lot granted by authorities of the port of departure (if any).

After receiving those additional documents, the inspecting organization shall inspect packages, labels and other outer signs of imports actually arriving at the border gate. If these goods are consistent with goods samples inspected in advance, the inspecting organization shall, within two working days, issue a notice on results of inspection of imports, certifying that the goods lot is compliant with the import regulations (made according to a set form) to the enterprise for use as a basis for completion of customs clearance procedures.

4. If the imports are not consistent with samples inspected in advance in terms of packages, labels and other outer signs, the inspection of that goods lot shall be conducted according to the order and procedures for inspection of import goods lots specified in Article 7 of this provisional Regulation.

Article 7.- Contents of and procedures for inspection of import goods lots at ports of arrival

1. When the goods arrive at the border gate, the importing enterprise that fails to send goods samples for advance inspection shall compile a dossier of registration for inspection and send it to the inspecting organization. A registration dossier comprises:

- A written registration for quality inspection of imports, made according to a set form;

- The import contract and manifest (if any); invoices and bills of lading (copies bearing the enterprise owner's seal and signature);

- Quality certificates of the goods lot (copies bearing the enterprise owner's seal and signature); introductions and catalogues or the seller's relevant technical documents on goods.

2. Within one working day after receiving a valid registration dossier, the inspecting organization shall issue a notice on completion of procedures required for imports (according to a set form) so that the enterprise can carry out customs clearance procedures in advance.

The inspecting organization shall take goods samples (from the goods lot) for inspection of conformity of those goods samples to relevant inspection grounds mentioned in Article 3 of this provisional Regulation. The time limit for quality inspection of a goods lot is 10 working days after samples for inspection are taken or the inspection is organized.

- If inspection results satisfy the requirements stated in the inspection grounds, the inspecting organization shall, within one working day, issue a notice on results of quality inspection of imports certifying that the goods lot is compliant with import regulations to the enterprise (according to a set form) for use as a basis for completion of customs clearance procedures.

- If inspection results fail to satisfy the requirements stated in the inspection grounds, the inspecting organization shall, within one working day, issue a notice on results of quality inspection of imports, notifying that the goods lot is not compliant with import regulations, to the enterprise (according to a set form) and concurrently report to the Labor Safety Department of the Labor, War Invalids and Social Affairs Ministry.

3. Goods inspection results shall be kept by inspecting organizations to serve as a basis for considering and deciding on application of a stringent inspection regime or alleviation of inspection for subsequent lots of goods of the same type of the enterprise (with the same appellation, signs, main technical features and directly manufactured by the same organization).

Article 8.- Contents of quality inspection of imports at ports of departure

1. For imports that have gone through quality inspection by accredited foreign testing or certifying organizations, the management shall be conducted as follows:

The Labor, War Invalids and Social Affairs Ministry shall coordinate with the Science and Technology Ministry in promulgating the list of inspecting or certifying organizations (including such relevant information as names, locations of head offices, operation domains, logos of organizations, model certificates or slips of product or goods quality inspection results) and notify it to customs offices for coordinated management.

2. Enterprises that have imports already inspected at accredited foreign inspecting or certifying organizations shall produce to customs offices certificates or slips of results of goods quality inspection granted by these organizations for customs clearance.

3. Imports falling within the governing scope of treaties or agreements on mutual or multilateral recognition between Vietnam and countries of exportation shall be subject to quality management according to specific provisions of those treaties or agreements.

4. Quality inspection of products or goods at ports of departure at the request of enterprises are agreed upon by the two involved parties.

Article 9.- Regime of alleviated inspection and regime of stringent inspection of imports

1. Regime of alleviated quality inspection applied to imports which have a stable quality as recorded through the monitoring process and satisfy requirements of quality standards stated in inspection grounds (according to the sum-up table of statistics on inspection results) is specified as follows:

- Reduced inspection frequency (smaller number of continuous lots from which samples are taken for inspection);

- Smaller number of samples to be taken for inspection;

- Lesser inspection criteria.

2. Regime of stringent inspection (with increased inspection frequency and larger number of samples taken for inspection) applies to imported products and goods, for which previous inspection results have been unsatisfactory, results of inspection of goods of the same type on the market are unsatisfactory, or against which there are consumers' complaints.

3. The application of the regime of alleviated inspection or the regime of stringent inspection of imported products and goods are considered and decided by the Labor Safety Department at the request of inspecting organizations.

Article 10.- Charges for product or goods quality inspection and test

Enterprises that have products or goods subject to quality inspection shall pay charges and fees for inspection and testing of quality of their products or goods. The regime of collection, remittance, management and use of those charges and fees shall comply with the Finance Ministry's regulations.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 11.- Obligations and rights of enterprises importing products and goods

1. Obligations:

- To import goods in accordance with the provisions of law;

- To submit to the quality inspection of imported products and goods by product and goods quality-inspecting organizations.

2. Rights:

- To lodge complaints or denunciations with competent state agencies about violations of law on product and goods quality committed by organizations or individuals performing the task of product or goods quality inspection.

Article 12.- Powers and responsibilities of inspecting organizations

1. Powers:

- To request importing enterprises to supply necessary documents in service of inspection;

- To enter and leave places where goods are stored, preserved and transported for inspection and sample taking;

- To conduct the goods inspection according to regulations;

- To issue notices on inspection results to importing enterprises;

- To collect the inspection charge and test charge according to regulations of the Finance Ministry;

- To propose the Labor Safety Department and the General Department of Standardization, Metrology and Quality Control to handle according to law enterprises that fail to strictly conduct the quality inspection of products and goods according to regulations. To request enterprises to take measures to handle products or goods that fail to satisfy quality requirements, monitor the handling and record handling results.

2. Responsibilities:

- To conduct the quality inspection of products and goods within the designated scope;

- To ensure the accuracy, truthfulness and objectiveness of product and goods inspection. To strictly comply with the inspection procedures promulgated by the Science and Technology Ministry and the Labor, War Invalids and Social Affairs Ministry;

- To submit to the professional direction and instruction of the Labor Safety Department;

- To take part in the formulation of processes of quality inspection of imported products and goods to be applicable to each specific type of product or goods according to assignment or designation;

- To receive and settle importing enterprises' complaints about the quality inspection conducted by inspecting organizations. If damage is caused to importing enterprises by inspecting organizations due to their fault, they shall refund the whole test or inspection charge amount, pay damages to importing enterprises according to law;

- To keep inspection dossiers and produce them when so requested by competent agencies;

- Quarterly, to make sum-up inspection reports (stating the number of inspected goods lots, inspection modes; number of lots not up to quality standards and handling measures; number of lots exempt from inspection; number of lots subject to alleviated inspection; number of lots subject to stringent inspection; coordination among concerned agencies; enterprises' complaints and settlement of complaints and requests), then send them to the Labor Safety Department of the Labor, War Invalids and Social Affairs Ministry and the General Department of Standardization, Metrology and Quality Control of the Science and Technology Ministry;

- To report in writing to the Labor Safety Department of the Labor, War Invalids and Social Affairs Ministry when:

+ The inspection scope changes;

+ Their working offices are relocated or added;

+ Their operation temporarily ceases or terminates.

Article 13.- Management responsibilities

The Labor Safety Department has the following responsibilities:

1. To guide the quality inspection of products and goods; to manage activities of inspecting of product and goods quality; to designate or terminate operation of inspecting organizations for handling by competent agencies according to law.

2. To coordinate with the General Department of Standardization, Metrology and Quality Control of the Science and Technology Ministry in performing the state management of quality of products and goods according to regulations.

Article 14.- Examination, inspection, and handling of violations

1. Competent state agencies shall examine, inspect, and handle violations in quality inspection of products and goods according to regulations.

2. Organizations and individuals that violate regulations on quality inspection of products and goods shall, depending on the nature and severity of their violations, be handled according to law.

Article 15.- Complaints and settlement thereof

Importing enterprises may lodge complaints about conclusions made by inspecting organizations on their products and goods, lodge complaints about or initiate administrative lawsuits against violation-handling decisions of competent agencies. The lodging and settlement of complaints, initiation and handling of lawsuits shall comply with the provisions of law.

APPENDIX 4

PRODUCTS AND GOODS SUBJECT TO QUALITY INSPECTION BY THE LABOR, WAR INVALIDS AND SOCIAL AFFAIRS MINISTRY UNDER THE PRIME MINISTER’S DECISION NO. 50/2006/QD-TTG OF MARCH 7, 2006, PROMULGATING THE LIST OF PRODUCTS AND GOODS SUBJECT TO QUALITY INSPECTION