Joint Circular No. 44/2013/TTLT-BCT-BKHCN dated December 31, 2013 of the Ministry of Industry and Trade and the Ministry of Science and Technology providing the management of the domestically produced and imported steel quality

Joint Circular

Prescribing quality management of domestically manufactured and imported steel[1]

Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 20/2013/ND-CP of February 26, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

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

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

Pursuant to the Government’s Decree No. 127/2007/ND-CP of August 01, 2007, detailing a number of articles of the Law on Standards and Technical Regulations;

Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;

The Minister of Industry and Trade and the Minister of Science and Technology promulgate the Joint Circular prescribing quality management of domestically manufactured and imported steel as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular prescribes quality management of domestically manufactured and imported steel for domestic use according to the HS codes stated in Appendix I to this Circular.

Export steel and steel temporarily imported for re-export, in transit or border-gate transfer are not regulated by this Circular.

2. This Circular applies to:

a/ Steel manufacturers, importers and users;

b/ State management agencies in charge of steel quality;

c/ Appointed conformity evaluation organizations;

d/ Other related agencies, organizations and individuals.

Article 2. Interpretation of terms

1. Conformity evaluation means the determination of whether steel is conformable with technical characteristics and management requirements specified in corresponding standards or technical regulations.

2. Certificate of conformity with standards (certificate of standard conformity) means the certification that steel is conformable with corresponding standards.

3. Certificate of conformity with technical regulations (certificate of technical-regulation conformity) means the certification that steel is conformable with corresponding technical regulations.

4. Announcement of conformity with standard (announcement of standard conformity) means the self-announcement by organizations and individuals that steel is conformable with corresponding standards.

5. Announcement of conformity with technical regulations (announcement of technical-regulation conformity) means the self-announcement by organizations and individuals that steel is conformable with corresponding technical regulations.

6. Recognition means the certification of a laboratory, calibration office, conformity certification organization or assessment organization that has capability conformable with corresponding standards.

7. Acceptance of conformity evaluation results means the acceptance by a competent state agency, or an organization or individual operating in Vietnam of results of conformity evaluation which is made by a conformity evaluation organization of another country or territory. 

8. Test organization means a technical organization that conducts determination of steel characteristics according to a given process.

9. Conformity evaluation organization means an organization conducting test, assessment, verification and certification of steel conformity with standards announced for application or corresponding technical regulations.

10. Assessment means the consideration of the conformity of steel with the contract or standards announced for application or corresponding technical regulations by means of observation and evaluation of measurement and test results.

11. Batch of goods means a collection of steel which is determined in quantity, has the same name, trademark, label, kind and technical characteristics, is manufactured by the same manufacturer and belongs to the same set of import dossier.

Chapter II

PROVISIONS ON STEEL QUALITY ASSURANCE

Article 3. Conditions for ensuring quality of domestically manufactured steel

1. Domestic steel manufacturers shall announce their products conformable with corresponding national technical regulations in accordance with the Minister of Science and Technology’s Circular No. 28/2012/TT-BKHCN of December 12, 2012, on announcement of standard conformity and announcement of technical-regulation conformity and methods of evaluating conformity with standards and technical regulations. 

2. In case national technical regulations (QCVN) are not available, domestic steel manufacturers shall announce the applied standards (manufacturer standards, national standards of Vietnam (TCVN), standards of other countries, international standards, and regional standards) for products and goods.

3. Goods labeling must comply with the Government’s Decree No. 89/2006/ND-CP of August 30, 2006, on goods labels, and the Minister of Science and Technology’s Circular No. 09/2007/TT-BKHCN of April 6, 2007, guiding the implementation of a number of articles of the Government’s Decree No. 89/2006/ND-CP, and Circular No. 14/2007/TT-BKHCN of July 25, 2007, on supplements to Circular No. 09/2007/TT-BKHCN.  

4. Based on typical characteristics of each kind of steel, the Ministry of Industry and Trade shall promulgate the national technical regulation on the manufacturing process. Domestic steel manufacturers shall apply this national technical regulation. Appointed certification organizations shall certify conformity with this national technical regulation.

Article 4. Conditions for ensuring quality of imported steel

1. Steel importers shall announce applicable standards (manufacturer standards, national standards of Vietnam (TCVN), standards of other countries, international standards, and regional standards) for goods in import contracts.

2. Imported steel must be evaluated in terms of conformity by conformity evaluation organizations which are appointed in accordance with Article 5 of this Circular.   

Article 5. Appointment of conformity evaluation organizations

1. The test, assessment and certification of quality conformity for domestically manufactured or imported steel prescribed in Appendix I to this Circular must be conducted by appointed test organizations, assessment organizations or certification organizations.

2. The Ministry of Industry and Trade shall appoint steel-quality test organizations, specifically:

a/ For domestic test organizations: The order of and procedures for appointment must comply with the Minister of Science and Technology’s Circular No. 09/2009/TT-BKHCN of April 8, 2009, guiding the requirements and procedures for appointment of conformity evaluation organizations, and Circular No. 11/2011/TT-BKHCN of June 30, 2011, amending and supplementing a number of provisions of Circular No. 09/2009/TT-BKHCN;

b/ For foreign test organizations: The evaluation of actual testing capability of foreign test organizations must comply with the order and procedures specified in the Minister of Science and Technology’s Circular No. 26/2013/TT-BKHCN of November 15, 2013 (Circular No. 26/2013/TT-BKHCN), or the test results of foreign test organizations shall be accepted on the basis of treaties or agreements on mutual recognition of conformity evaluation results.

3. The Ministry of Science and Technology shall appoint steel quality assessment organizations and certification organizations. The requirements, order of and procedures for appointment of assessment organizations and certification organizations must comply with the Minister of Science and Technology’s Circular No. 09/2009/TT-BKHCN of April 8, 2009, and Circular No. 11/2011/TT-BKHCN of June 30, 2011, amending and supplementing a number of provisions of Circular No.09/2009/TT-BKHCN.

4. Requirements on appointed test organizations

a/ For domestic test organizations:

- Having registered the test operation in accordance with the Minister of Science and Technology’s Circular No. 08/2009/TT-BKHCN of April 8, 2009, guiding requirements and the order of and procedures for registration of conformity evaluation operation, and Circular No. 10/2011/TT-BKHCN of June 30, 2011, amending and supplementing a number of provisions of Circular No.08/2009/TT-BKHCN;

- Having created, applied and maintained the effect of the quality management system for laboratories according to national standard TCVN ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005.

b/ For foreign test organizations: They must satisfy the requirements specified in Article 6 of Circular No. 26/2013/TT-BKHCN.

Chapter III

STEEL QUALITY CONFORMITY INSPECTION AND
EVALUATION

Article 6. Order of, procedures for and content of steel quality conformity inspection and evaluation

1. The quality conformity inspection and evaluation of domestically manufactured steel must comply with the law on product and goods quality and contents of Article 3 of this Circular.

2. The quality conformity inspection and evaluation of imported steel shall be conducted in the form of inspection at source or conformity evaluation based on batch of goods.

3. Methods and content of quality inspection of imported steel at source

a/ The Ministry of Industry and Trade shall assume the prime responsibility for the quality inspection of imported steel at source (the country of exportation). The Ministry of Industry and Trade shall form an inspection team with members being representatives of the Ministry of Industry and Trade (2 persons), of the Ministry of Science and Technology (1 person), and of the conformity evaluation organization (1 person). After inspection, the inspection team shall report on the result of quality inspection to the Department of Science and Technology (the Ministry of Industry and Trade) for use as a basis for consideration and decision on exemption from or reduction of inspection within 3 years. In the validity duration of the decision on inspection exemption or reduction, probability inspection shall be conducted based on batch of goods.

The cost of inspection at source shall be paid by steel importers at the levels prescribed in the Ministry of Finance’s Circular No. 102/2012/TT-BTC of June 21, 2012;

b/ Customs offices shall base on the Ministry of Industry and Trade’s decisions on exemption from or reduction of steel quality inspection to carry out customs clearance procedures. For steel stated in Appendix II to this Circular, steel importers shall supplement the following papers:

- Written registration of manufacturing target and capability, with the certification of the Ministry of Industry and Trade (unless steel importers are also steel users). The order of and procedures for certification of steel use capability and target are provided in Appendix II to this Circular;

- Purchase and sale contract or letter of import authorization with the user (in case steel importers are not steel users).

4. Methods and content of quality conformity evaluation for imported steel based on batch of goods

a/ A dossier of conformity evaluation for imported steel comprises:

- One written registration for quality conformity evaluation of imported steel, made according to the form provided in Appendix III to this Circular;

- One goods import contract bearing a certified true copy mark of the organization or individual;

- One invoice bearing a certified true copy mark of the organization or individual;

- One bill of lading bearing a certified true copy mark of the organization or individual;

- One packing list bearing a certified true copy mark of the organization or individual;

- One declaration of import goods bearing a certified true copy mark of the organization or individual;

- One C/O - Certificate of Origin (if any) bearing a certified true copy mark of the organization or individual;

- One photo or description of goods; specimen label stuck with a technical-regulation conformity mark (if any) and subsidiary label (if the main label does not have sufficient content as prescribed) bearing a certified true-copy mark of the organization or individual;

- Test result slip of a foreign test organization which is recognized or appointed (if any).

b/ If goods have had a test result confirming their conformity with the standard announced for application, provided by a foreign test organization which is recognized or appointed by the Ministry of Industry and Trade, the appointed assessment organization or certification organization shall check the registration dossier of the steel importer and grant a certificate of assessment or a certificate for the batch of goods;

c/ If goods have not yet had a test result provided by a foreign test organization which is recognized or appointed by the Ministry of Industry and Trade, the appointed assessment organization or certification organization shall check the registration dossier of the steel importer, take samples from the batch of goods for test against the standard announced for application at a test organization which is appointed by the Ministry of Industry and Trade. For several kinds of steel such as steel coil, thick steel plate, shaped steel, etc., steel importers  shall clearly state in the purchase and sale contracts signed with steel manufacturers that there is surplus steel sufficient for taking samples for test:

- If the test result confirms conformity, the assessment organization shall grant a certificate of assessment for the batch of goods, or the certification organization shall grant a certificate for the batch of goods.

- If the test result shows non-conformity, the assessment organization or the certification organization shall grant a notification that the batch of goods is not conformable with the standard announced for application according to the form provided in Appendix IV to this Circular;

d/ Customs offices shall base themselves on the certificate of assessment or certificate of the batch of goods to carry out customs clearance procedures. For steel stated in Appendix II to this Circular, steel importers shall supplement the following papers:

- Written registration of the manufacturing target and capability, with the certification of the Ministry of Industry and Trade (unless steel importers are also steel users).

- Purchase and sale contract or letter of import authorization with the user (in case steel importers are not steel users).

Article 7. Exemption from or reduction of steel quality inspection

1. For steel products which are manufactured by the same manufacturer with the volume of subsequent importation not exceeding the average of 3 previous importations, after 3 consecutive quality inspections, which show their satisfaction of requirements, such products will enjoy inspection exemption or reduction and be only subject to probability inspection. If the batch of goods fails to satisfy quality requirements, it shall be inspected according to the prescribed order and procedures. A dossier of request for quality inspection exemption or reduction for imported steel must be sent to the Department of Science and Technology (the Ministry of Industry and Trade), comprising:

a/ A request for quality inspection exemption or reduction;

b/ One business registration certificate bearing a certified true-copy mark of the organization or individual;

c/ One goods import contract bearing a certified true-copy mark of the organization or individual;

d/ Three bills of lading (for the three previous importations) bearing a certified true-copy mark of the organization or individual;

dd/ One quality certificate bearing a certified true-copy mark of the organization or individual.

2. Within 10 (ten) working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall consider and reply on quality inspection exemption or reduction for imported steel.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 8. Responsibilities of the Ministry of Industry and Trade

1. To appoint, inspect and supervise the operation of steel quality test organizations.

2. To make annual plans on quality inspection of domestically manufactured steel (including steel used for concrete reinforcing) and imported steel.

3. To assume the prime responsibility for, and coordinate with relevant agencies in, forming teams for quality inspection of imported steel at source.

4. To assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, inspecting and supervising activities of appointed test organizations.

5. To revise the List of standards and technical regulations in Appendix I and the List of steel kinds subject to registration of manufacturing capability, demand and use purposes in Appendix II to this Circular.

6. To guide the compilation of dossiers of request for quality inspection exemption and reduction for imported steel.

Article 9. Responsibilities of the Ministry of Science and Technology 

1. To appoint, inspect and supervise the operation of steel quality certification organizations and assessment organizations.

2. To coordinate with the Ministry of Industry and Trade in inspecting the quality of domestically manufactured steel and imported steel.

3. To assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, inspecting and supervising the operation of certification organizations and assessment organizations which are appointed by the Ministry of Science and Technology.

Article 10. Responsibilities of customs offices

1. Customs offices shall permit customs clearance only when the importers provide complete dossiers as prescribed at Point b, Clause 3, and Point d, Clause 4, Article 6 of this Circular.

2. The General Department of Customs shall supervise and make statistics on the import of steel in the List provided in Appendix II to this Circular and quarterly send such reports to the Ministry of Industry and Trade. 

Article 11. Responsibilities of provincial-level Departments of Industry and Trade

1. To receive written registrations of technical-regulation conformity announcement for steel (excluding steel used for concrete reinforcing).

2. To assume the prime responsibility for, and coordinate with provincial-level Departments of Science and Technology in, managing steel quality in provinces.

Article 12. Responsibilities of provincial-level Departments of Science and Technology

1. To receive written registrations of technical-regulation conformity announcement for steel used for concrete reinforcing.

2. To assume the prime responsibility for, and coordinate with provincial-level Departments of Industry and Trade in, managing steel quality in provinces.

Article 13. Responsibilities of steel manufacturers, importers and users

1. Domestic steel manufacturers and steel importers shall declare and register dossiers of steel manufacture or import according to this Circular.

2. Users of steel kinds specified in Appendix II to this Circular (this Appendix may be amended and supplemented according to management requirements) shall annually register for certification their manufacturing capability, demand and use of steel as raw material for manufacturing with the Ministry of Industry and Trade (the Department of Heavy Industry) according to the form provided in Appendix II to this Circular.

3. Users of imported steel kinds specified in Appendix II to this Circular may only import or authorize the import of steel with a quantity not exceeding 150% of their use demand within one year as certified by the Ministry of Industry and Trade. Annually, before January 20 of the following year, or upon request, users of imported steel shall report on the use of imported steel to the Ministry of Industry and Trade.

Article 14. Responsibilities of appointed conformity evaluation organizations

1. To exercise the rights and perform the obligations prescribed in the Law on Product and Goods Quality and relevant laws.

Appointed test organizations, in the validity duration of their appointment decisions, shall once participate in a program on proficiency test and inter-laboratory comparison.

2. To notify agencies issuing the appointment decisions of all changes that affect their registered test, assessment or certification capability within fifteen days (15) days after having such changes. 

3. To summarize and report on results of conformity evaluation quarterly, biannually (before July 15), annually (before January 15 of the following year) or irregularly upon request. Reports must be sent to the Department of Science and Technology (the Ministry of Industry and Trade) and the Directorate for Standards, Metrology and Quality (the Ministry of Science and Technology). 

Chapter V

IMPLEMENTATION PROVISIONS

Article 15. Effect

This Circular takes effect on June 1, 2014.

Article 16. Implementation responsibilities

1. Steel manufacturers, importers and users; steel quality management agencies; appointed certification organizations, test organizations and assessment organizations and related organizations and individuals shall implement this Circular.

2. If standards or legal documents that are referred to in this Circular are amended, supplemented or replaced, new documents shall be applied.

3. Any difficulties and problems arising in the course of implementation should be promptly reported to the Ministry of Industry and Trade and the Ministry of Science and Technology for guidance, amendment and supplementation.-

* All appendices are not translated