Circular 01/2024/TT-BKHCN state inspection of the quality of goods in circulation

CIRCULAR

Providing the state inspection of the quality of goods in circulation

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

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

Pursuant to Government's Decree No. 28/2023/ND-CP dated June 2, 2023, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality, and the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 154/2018/ND-CP dated November 9, 2018, amending, supplementing and repealing a number of regulations on investment and business conditions under the state management of the Ministry of Science and Technology, and a number of regulations on specialized inspection;

Pursuant to the Government's Decree No. 13/2022/ND-CP dated January 21, 2022, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, and Decree No. 74/2018/ND-CP dated May 15, 2018, detailing a number of articles of the Law on Product and Goods Quality, and Decree No. 86/2012/ND-CP dated October 19, 2012, detailing and guiding the implementation of a number of articles of the Law on Measurement;

Pursuant to the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017, on goods labeling and the Government’s Decree No. 111/2021/ND-CP dated December 9, 2021, amending and supplementing a number of articles of the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling;

Pursuant to the Government’s Decree No. 119/2017/ND-CP dated November 1, 2017, on penalties for administrative violations against regulations on standards, measurement and quality of goods;

Pursuant to the Government’s Decree No. 126/2021/ND-CP dated December 30, 2021, amending and supplementing a number of decrees on sanctioning of administrative violations in industrial property; standards, measurement and quality of goods; scientific and technological activities and technology transfer; atomic energy;

Pursuant to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013, on e-commerce, and the Government’s Decree No. 85/2021/ND-CP dated September 25, 2021, amending and supplementing a number of articles of the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013, on e-commerce;

Pursuant to the Government's Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of the Law on Handling of Administrative Violations;

At the proposal of the Director General of the Directorate for Standards, Metrology and Quality and the Director of the Department of Legal Affairs;

The Minister of Science and Technology hereby promulgates the Circular providing the state inspection of the quality of goods in circulation.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the content, procedures and organization of implementation of state inspection of the quality of goods in circulation.

Article 2. Subjects of application and inspected subjects

1. Subjects of application

This Circular applies to agencies conducting the inspection of the quality of products and goods under the line ministries, and agencies, organizations and individuals involved in the quality of products and goods.

2. Inspected subjects

a) Goods in circulation in Vietnamese market.

b) Goods in the field of national defense and security are not subject to inspection under this Circular.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Goods in circulations in the market mean goods transported, displayed, promoted, marketed and stored during the process of purchasing and selling goods (including goods in e-commerce activities), excluding goods being transported from the border gate to the importer's goods warehouse or being stored at the importer's goods warehouse, awaiting customs clearance inspection.

2. Witness means a person invited by the inspection team to witness the inspection and make a record of administrative violations in accordance with this Circular.

3. Goods batch

a) For goods in bulk and single form: A goods batch means a collection of a type of goods determined in terms of quantity, of the same type, with the same labeling content, produced and imported by an organization or individual at the same place for distribution and consumption in the market.

b) For goods that may be mixed, causing changes in quality during the process of storing, preserving, and selling: A goods batch means a collection of a type of goods determined in terms of quantity stored, preserved, or sold in the same storage and preservation unit or a storage and preservation location.

4. Central inspection agency means a specialized agency under the line ministry that is assigned and decentralized to perform the tasks of state management of product and goods quality. Local inspection agency means a specialized agency under the People's Committee of a province or centrally-run city that is assigned and decentralized to perform the tasks of state management of product and goods quality in the locality.

5. Other terms related to product and goods quality and standards and technical regulations in this Circular shall follow the provisions of Article 3 of the Law on Product and Goods Quality and Article 3 of the Law on Standards and Technical Regulations.

Article 4. Basis for inspection

1. Information and warnings about goods in circulation in the market that do not comply with the conditions specified in Article 38 of the Law on Product and Goods Quality.

2. Information reported in all forms by domestic and foreign organizations and individuals about signs of violation of the quality of products, goods, and labels.

3. Results of survey or inspection of quality of goods in circulation in the market, detecting goods with labels that do not comply with regulations or showing signs of quality inconsistent with announced applicable standards or equivalent technical regulations.

4. At the request of management or request of competent agencies, organizations or individuals regarding the quality of products and goods delivered.

5. According to the annual inspection plan approved by competent authorities.

Article 5. Form of inspection

1. Inspection according to the annual plans approved by competent authorities

a) Development of the inspection plan:

On an annual basis, the inspection agency shall, based on the management requirements, developments in product and goods quality, evaluation of the compliance with the law on product and goods quality; previous inspection results; funding situation and direction of superior management agencies, develop inspection plan in accordance with Clause 2, Article 47 of the Law on Product and Goods Quality.

b) For facilities that have been approved in the annual plan, based on the actual situation or at the request of the management agency, in case the inspection agency does not inspect at the facility, an official dispatch requiring a report on the facility's compliance with the law related to the traded products and goods shall be sent to the inspected facility. If signs of violation of standards, measurements, quality, or product labels are detected through reports of the inspected facility, the inspection agency shall conduct an irregular inspection in accordance with this Circular.

2. Irregular inspection of the quality of goods in circulation

Basis for irregular inspection of the quality of goods in circulation shall comply with Clauses 1, 2, 3 and 4 Article 4 of this Circular.

Chapter II

INSPECTION CONTENTS AND PROCEDURES

Article 6. Contents of inspection

1. Inspection of goods information

a) Inspecting goods’ labels and enclosed documents that are required according to regulations;

b) Inspecting the announced applicable standards, standard or technical regulation conformity marks according to regulations;

c) Inspecting codes, barcodes and tracing the origin of products and goods according to regulations;

2. Inspection of goods quality

a) Inspecting goods' conformity with announced applicable technical regulations or standards, goods’ labels and enclosed documents;

b) Inspecting other contents relating to goods quality;

3. In the course of inspection, if the goods show any sign of not ensuring the quality, the head of the inspection team shall decide on taking samples in accordance with this Circular.

4. For goods traded in e-commerce activities, in addition to inspection as prescribed in Clauses 1 and 2 of this Article, the inspection team shall compare the consistency of goods information on the websites with the reality of the inspected goods.

Article 7. Procedures for inspection of goods in circulation

1. An inspection team shall conduct inspection according to the following steps:

a) Announcing the inspection decision before the inspection is conducted. An inspection decision shall be made according to Form 1. QD/DKT provided in the Appendix to this Circular;

b) Conducting inspection of contents specified in Article 6 of this Circular;

c) Making an inspection record according to Form 3. BB/DKT provided in the Appendix to this Circular, which must bear the signatures of the seller and head of the inspection team. In case the seller does not sign in the record, it must be signed by the representative of the administration of commune, ward or township (hereinafter referred to as commune-level administration), or be signed by at least one witness, confirming that the seller does not sign in the record.

In case the record is not signed by the commune-level administration representative or the witness, the inspection team shall clearly state the reason in the record, and report it to the inspection agency in writing. The record bearing the signatures of the head of the inspection team and its members shall be considered as legally valid.

In case the inspection team takes the goods samples, the provisions of Article 8 of this Circular shall be followed;

d) Handling, making recommendations according to Article 10 of this Circular;

dd) Reporting the inspection agency of inspection results.

2. The quality controller shall conduct an independent and irregular inspection according to the following steps:

a) Announcing an inspection decision issued by the competent person, presenting the quality controller card before conducting an inspection. An inspection decision shall be made according to Form 2. QD/KSV provided in the Appendix to this Circular;

b) Conducting inspection of contents specified in Article 6 of this Circular;

c) Making an inspection record according to Form 4. BB/KSV provided in the Appendix to this Circular, which must bear the signatures of the seller and quality controller. In case the seller does not sign in the record, it must be signed by the representative of the commune-level administration, or be signed by at least one witness, confirming that the seller does not sign in the record.

In case the record is not signed by the commune-level administration representative or the witness, the quality controller shall clearly state the reason in the record, and report it to the inspection agency in writing. The record bearing the signatures of the quality controller shall be considered as legally valid;

d) Handling, making recommendations according to Article 10 of this Circular;

dd) Reporting the inspection agency of inspection results.

3. In case of inspecting goods quality in e-commerce activities, the agency in charge of inspection shall determine or verify (name and address) the seller before conducting an inspection.

Procedures for inspection shall follow Clauses 1 and 2 of this Article.

Article 8. Sampling and processing samples of goods for inspection of the quality of goods

1. Taking samples

In the course of inspection, if the goods show any sign of not ensuring the quality, the head of the inspection team shall:

- Take samples and make record according to Form 5. BBLM provided in the Appendix to this Circular;

- Request the seller to provide invoices, vouchers and documents relating to the goods that are sampled for us as a basis for determining the quantity of violating goods consumed in case of violation in terms of quality.

- Together with the inspected facility representative, determine the quantity of the goods batches sampled at the time of import most recently before the time of sampling for inspection and at the time of sampling for inspection.

Samples of goods shall be randomly taken to represent the batch of goods being inspected. The quantity of each sample unit must be sufficient to test the parameters that need to be inspected according to management requirements and prescribed testing methods. One (01) sample unit shall be sent for testing by the inspection team; the inspected facility has the right not to save or save no more than three (03) sample units to use as a basis for comparison with the sample unit sent for testing.

In case the goods are not enough to take samples for inspection or the goods batch cannot be identified, the inspection team shall take samples to survey the quality of the goods in accordance with Clause 2 Article 9 of this Circular.

2. Order to take samples

a) Making sampling record according to Form 5. BBLM provided in the Appendix to this Circular;

b) Taken samples must be sealed according to Form 8. TNPM provided in the Appendix to this Circular; such a seal must bear signatures of the person taking samples and the seller.

In case the seller does not sign in the sampling record or the seal, then the sampling record or the seal must be signed by the representative of the commune-level administration, or be signed by at least one witness, confirming that the seller does not sign in the record or the seal. In case the record or seal is not signed by the commune-level administration representative or the witness, the reason shall be clearly stated. The record or seal bearing the signatures of the person taking samples, the head of the inspection team and its members shall be considered as legally valid.

3. Testing of goods samples

Goods samples shall be tested at the designated testing organizations as prescribed by law.

In case the goods do not have separate instructions on the time to send samples for testing, within a maximum of 5 working days from the date of sampling, the inspection team must send the goods samples to the designated testing organization as prescribed by law for testing.

Before sending the goods samples to the testing organization, they must be coded and a coding record shall be made according to Form 6. BB/MHM provided in the Appendix to this Circular. During the transportation, the requirements for assurance of safety and originality must be met. The handover of samples with the testing organization must be recorded in a handover record according to Form 7. BB/GNM provided in the Appendix to this Circular.

The results of goods quality testing at the designated testing organization as prescribed by law shall be used as a legal basis for the inspection agency for further handling according to regulations.

4. Saving and processing samples

The inspected facility storing samples taken by the inspection team must ensure compliance with applicable legal documents on sample storage without affecting the original properties of the stored samples.

After the testing result of the sample unit sent for testing is available, the inspection agency shall be responsible for notifying the test result to the inspected facility according to Form 10. TB/KQTN provided in the Appendix to this Circular for processing the stored samples.

- For samples that meet quality standards and have not yet expired, the inspected facility may continue to sell or use them;

- For samples with violations in terms of quality, the inspected facility may change the use purposes or recycle or destroy them in accordance with law;

- For expired samples, the inspected facility may destroy them in accordance with law.

5. Expenses for sampling and testing goods samples

Expenses for taking test sample units and testing costs shall comply with Article 41 of the Law on Product and Goods Quality and Joint Circular No. 28/2010/TTLT-BTC-BKHCN dated March 3, 2010, of the Minister of Finance and the Minister of Science and Technology, guiding the management and use of funding for state inspection of product and goods quality. The inspection team and inspection agency shall not pay for the sample unit stored at the inspected facility.

Article 9. Sampling and processing samples of goods for testing of goods quality

1. In case the inspection agency takes samples of goods to test and monitor the quality of goods in circulation, stored samples are not required.

2. During the inspection process, in case the goods show signs of poor quality but are not in sufficient quantity to take samples for inspection or the quantity of the goods batches cannot be determined, the inspection team shall take samples to test the goods quality. If the inspection team changes the sampling purpose, the reason must be clearly stated in the inspection record. In case the test results do not conform to the announced applicable standards or corresponding technical regulations, the inspection agency shall conduct the inspection at the facility of the manufacturer or importer of such goods or notify managing agencies to organize inspection or examination of facilities of the manufacturer or importer of such goods in accordance with law.

3. Expenses for taking samples for testing shall be paid by the inspection agency.

Article 10. Handling of goods quality inspection results

1. For violations in terms of product and goods quality that are not serious enough to be administratively handled, the inspection team shall clearly state in the inspection record and request the seller to remedy. When the remediation is complete, the seller shall report in writing with proof of remediation to the inspection agency for confirmation in writing if the seller's remediation meets the requirements. After the reporting time limit specified in the inspection record, if the seller fails to take remediation action, the inspection agency shall publicly disclose on the mass media the name, address of selling site, name of the goods and violations.

2. During the inspection process, if administrative violations are detected, the quality controller, inspection team, and inspection agency shall handle as follows:

a) Prepare an administrative violation record according to Form No. 01 provided in the Appendix to the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of and measures to implement the Law on Handling of Administrative Violations (Decree No. 118/2021/ND-CP).

Seal the goods and prepare a goods sealing record according to Form No. 26 provided in the Appendix to Decree No. 118/2021/ND-CP, and at the same time request the seller to temporarily suspend the sale of goods in violation.

b) Report the inspection agency of inspection results. The inspection agency shall, within 2 working days from the time of detecting the violation, issue a notice of temporary suspension of circulation of the violating goods according to Form 11. TB/TDLT provided in the Appendix to this Circular.

c) Prepare and complete a dossier on sanctioning administrative violations so that the competent person can decide on sanctioning administrative violations according to Form No. 02 provided in the Appendix to Decree No. 118/2021/ND-CP. In case of beyond the competence, the inspection agency shall transfer the dossier and request a competent person or state agency to impose sanctions.

d) For sealed goods, after the seller pays the administrative violation fine, takes additional sanctions and pays the expenses for purchasing samples and testing the goods, the inspection agency shall open the seal, make a record of opening the seal according to Form No. 27 provided in the Appendix to Decree No. 118/2021/ND-CP so that the seller can take remedial measures according to the decision on sanctioning administrative violations. After the remediation is complete, the seller report shall report in writing to the inspection agency with proof of remediation.

Based on the seller's report and accompanying documents, if the inspection agency finds that the goods have been remedied satisfactorily, it shall notify that the goods may continue to be circulated according to Form 12. TB/TTLT provided in the Appendix to this Circular.

dd) In case the seller recycles goods according to the decision on sanctioning administrative violations, when finished recycling, the seller shall report in writing to the inspection agency for taking samples for re-testing of unsatisfied criteria.

If the test results are consistent with the law, the inspection agency shall issue a notice that the goods may continue to be circulated on the market according to Form 12. TB/TTLT provided in the Appendix to this Circular.

e) In case the seller self-destructs violating goods according to the decision on sanctioning administrative violations, he/she must fully comply with relevant law on destruction of violating goods.

3. Depending on the level, scope of impact, and consequences of the batch of goods not conforming to quality, the inspection agency shall be responsible for publicly announcing it on the mass media in accordance with Article 18 of Decree No. 118/2021/ND-CP.

4. After detecting violations of goods in circulation, the inspection agency shall be responsible for conducting an inspection at the facility of the manufacturer or importer of such goods or reporting to the competent agency to request the inspection agency to conduct inspection at the facilities of the manufacturer or importer in accordance with law.

5. A dossier of handling administrative violations, which shall be transferred to the person competent to sanction administrative violations, must comprise: The inspection decision, inspection record, administrative violation record, seal record, notice of suspension from circulation, proofs proving violations, and relevant documents provided by violators, with their certification, and the inspection agency’s official dispatch requesting the competent person or agency to sanction in accordance with law.

The competent person or competent state agency shall sanction administrative violations in accordance with law and send a notice of sanctioning results to the inspection agency for monitoring and synthesis.

Chapter III
IMPLEMENTATION ORGANIZATION

Article 11. Responsibilities of the inspection agency and relevant agencies in developing annual inspection plans and reports on goods quality inspection results

1. Development of the inspection plans

Pursuant to Clause 1 Article 5 of this Circular, the inspection agency shall be responsible for developing annual inspection plans in accordance with applicable regulations on coordination in inspection in the field of quality standards.

2. Inspection result reports

a) The inspection agency shall be responsible for synthesizing reports on the situation and results of annual or irregular inspections in accordance with Article 32 of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality, which was amended and supplemented under Clause 14 Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018, amending and supplementing a number of articles of Decree No. 132/2008/ND-CP. The report must specify characteristics of the goods circulation situation under management responsibility; inspection results according to Form No. 15a/KTCL or Form No. 15b/KTCL provided in the Appendix to the Minister of Science and Technology's Circular No. 13/2021/TT-BKHCN dated December 30, 2021, on the periodic reporting regime under the state management of the Ministry of Science and Technology; general assessment comments; recommendations.

b) The local inspection agency shall summarize the reports on situation and results of inspection of the quality of goods in circulation under the management, and send to the managing agency and the provincial-level Department of Science and Technology. Before December 20 every year, the provincial-level Department of Science and Technology shall summarize inspection results of local inspection agencies and report to the People's Committee of a province or centrally-run city, and the Ministry of Science and Technology (via the Directorate for Standards, Metrology and Quality).

c) Before December 20 every year, the central inspection agency shall summarize the reports on situation and results of inspection of the quality of goods in circulation under the management, and send to the line ministry and the provincial-level Department of Science and Technology (via the Directorate for Standards, Metrology and Quality).

Article 12. Responsibilities of sellers

1. The sellers shall comply with Article 16 of the Law on Product and Goods Quality. In case the sellers involved in the e-commerce activities, they shall comply with the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013, on e-commerce, and the Government’s Decree No. 85/2021/ND-CP dated September 25, 2021, amending and supplementing a number of articles of the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013, on e-commerce.

2. The sellers shall store and process samples in accordance with Clause 4 Article 8 of this Circular.

Chapter IV 
IMPLEMENTATION PROVISIONS

Article 13. Effect

1. This Circular takes effect from March 3, 2024.

2. The following Circulars cease to be effective from the effective date of this Circular:

a) The Minister of Science and Technology's Circular No.
26/2012/TT-BKHCN dated December 12, 2012, on state inspection of the quality of goods in circulation (Circular No. 26/2012/TT-BKHCN);

b) The Minister of Science and Technology's Circular No.
12/2017/TT-BKHCN dated September 28, 2017, amending and supplementing a number of articles of the Minister of Science and Technology's Circular No. 26/2012/TT-BKHCN dated December 12, 2012, providing the state inspection of the quality of goods in circulation (Circular No. 12/2017/TT-BKHCN).

Article 14. Transitional provisions

1. For cases being handled before the effective date of this Circular, the provisions of Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN shall continue to apply.

2. In case any legal documents referred to in this Circular are amended, supplemented or replaced, the new ones shall prevail.

Article 15. Implementation responsibility

1. Agencies conducting the inspection of the quality of products and goods under the line ministries, and agencies, organizations and individuals involved in the quality of products and goods shall implement this Circular.

2. The Director General of the Directorate for Standards, Metrology and Quality shall guide and organize the implementation of this Circular. Any difficulties arising in the course of implementation should be promptly reported in writing to the Directorate for Standards, Metrology and Quality for reporting to the Ministry of Science and Technology for consideration and decision./.

* All Appendices are not translated herein.