Circular 06/2020/TT-BKHCN detail Decree 132/2008/ND-CP, Decree 74/2018/ND-CP, Decree 154/2018/ND-CP, Decree 119/2017/ND-CP

CIRCULAR

Detailing and providing measures to implement the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018, Decree No. 154/2018/ND-CP dated November 9, 2018, and Decree No. 119/2017/ND-CP dated November 1, 2017

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

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

Pursuant to the Government’s Decree No. 127/2007/ND-CP dated August 1, 2007, detailing the implementation of a number of articles of the Law on Technical Standards and Regulations and Decree No. 78/2018/ND-CP dated May 16, 2018 amending and supplementing a number of articles of the Government’s Decree No. 127/2007/ND-CP dated August 1, 2007, detailing the implementation of a number of articles of the Law on Technical Standards and Regulations;

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, on amending, supplementing and repealing certain regulations on investment and business conditions in sectors under management of the Ministry of Science and Technology and certain regulations on specialized inspections;

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. 95/2017/ND-CP dated August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director General of 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 detailing and providing measures to implement the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018, Decree No. 154/2018/ND-CP dated November 9, 2018, and Decree No. 119/2017/ND-CP dated November 1, 2017.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details and provides implementation measures in terms of:

1. Regulation-conformity announcement and quality inspection of products and goods capable of causing unsafety (hereinafter referred to as group-2 products and goods) in manufacturing and import specified in 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 (hereinafter referred to as Decree No. 132/2008/ND-CP) which was amended and supplemented under 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 (hereinafter referred to as Decree No. 74/2018/ND-CP) and the Government’s Decree No. 154/2018/ND-CP dated November 9, 2018, on amending, supplementing and repealing certain regulations on investment and business conditions in sectors under management of the Ministry of Science and Technology and certain regulations on specialized inspections and regulations on specialized inspection (hereinafter referred to as Decree No. 154/2018/ND-CP); 

2. Remedial measures in implementation of decisions on sanctioning administrative violations in case of importing goods.

Article 2. Subjects of application

This Circular applies to state management agencies, organizations, individuals involved in regulation-conformity announcement and quality inspection of group-2 products and goods in import, export and organizations, individuals taking remedial measures upon being sanctioned for administrative violations in case of importing goods.

Article 3. Interpretation of terms

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

1. Certification organization certifying the conformity with standards means an organization that has registered to conduct certification (hereinafter referred to as registered certification organization) specified in the Government’s Decree No. 107/2016/ND-CP dated July 1, 2016, on prescribing conditions for provision of conformity evaluation services (hereinafter referred to as Decree No. 107/2016/ND-CP) and Decree No. 154/2018/ND-CP;

2. Certification, assessment and testing organizations conducting certification, assessment and test for group-2 products and goods mean certification organizations, assessment organizations and testing organizations that have registered or are accredited as prescribed by law or certification organizations, assessment organizations and testing organizations designated under Decree No. 132/2008/ND-CP, which was amended and supplemented under Decree No. 74/2018/ND-CP and Decree No. 154/2018/ND-CP; 

3. State agencies in charge of quality inspection of products and goods mean agencies assigned or decentralized to perform state inspection regarding quality of products and goods under the management responsibility of line ministries and agencies advising, assisting People’s Committees of provinces and centrally-run cities managing sectors and fields (hereinafter referred to as supervision agencies);    

4. Competent agencies affiliated to line ministries mean agencies assigned or decentralized to perform state management regarding quality of goods under management responsibility of line ministries (hereinafter referred to as competent agencies);

5. State supervision agencies in charge of product and goods quality under the Ministry of Science and Technology’s management responsibility include:

a) Department for Management of Goods and Product Quality under the Directorate for Standards, Metrology and Quality;

b) Agencies and units performing tasks and functions regarding standards, metrology and quality affiliated to agencies advising and assisting People’s Committees of provinces and centrally-run cities in managing science and technology which have border gates or inspection areas for imported goods in the managed localities (hereinafter referred to as standards, metrology and quality supervision agencies);

6. Importers are organizations and individuals importing goods (goods owners) or organizations, individuals, agents entrusted to import by goods owners (entrusted party);

7. Certificate of quality means any of following documents:

a) Self-conformity evaluation results of organizations and individuals (hereinafter referred to as “self-evaluation results”);

b) Certification and assessment results provided by registered or accredited certification organizations and assessment organizations as prescribed by law;

c) Certification and assessment results provided by designated certification organizations and assessment organizations as prescribed by law

8. Reports on self-evaluation results consist of following information:

a) Name of organizations and individuals; addresses; phone and fax numbers;

b) Name of products, goods and manufacturers;

c) Number of national technical regulations;

dd) Test results conforming to national technical regulations of group-2 product and goods testing organization according to corresponding national technical regulations;

dd) Conclusion on the products and goods’ conformity to national technical regulations;

e) Commitment on the product and goods quality’s conformity to national technical regulations and standards announced for application and total responsibilities before the law for quality of products and goods and self-evaluation results.

Article 4. Applying management measures for group-2 products and goods in manufacturing and import

1. Management measures for products and goods in manufacturing and import specified in Clause 2 Article 4 of Decree No. 132/2008/ND-CP which was amended and supplemented under Clause 2 Article 1 of Decree No. 74/2018/ND-CP and Clause 2 Article 7 of Decree No. 132/2008/ND-CP amended and supplemented under Clause 3 Article 1 of Decree No. 74/2018/ND-CP.

2. Management measures for group-2 products and goods in manufacturing and import consist of 3 levels:

a) Level 1: conformity announcement based on self-evaluation results;

b) Level 2: conformity announcement based on certification and assessment results of registered or accredited certification and assessment organizations as prescribed by law for imported goods; measures of announcing conformity shall be based on certification results of registered or accredited certification organizations as prescribed by law for manufacturing products;

c) Level 3: conformity announcement based on certification and assessment results of designated certification and assessment organizations as prescribed by law for imported goods; conformity announcement based on certification results of designated certification organizations as prescribed by law for manufacturing products.

Article 5. Applying management measures for group-2 products and goods failing to satisfy regulations

1. For group-2 products and goods in manufacturing and import that are subject to level-1 or level-2 management measures, in case of detecting that products and goods of organizations and individuals have unguaranteed quality or cause unsafe for humans, animals, plants, assets, environment, or on the basis of conclusion of competent agencies regarding complaints and accusations of manufacturing and import or past the time limit of 15 business days from the date of goods clearance, if the importers fail to submit reports on self-evaluation results (for level 1) or certificates of quality specified at Point b Clause 7 Article 3 of this Circular (for level 2) to supervision agencies without reasons, supervision agencies shall consider and decide on applying level-3 management measures to subsequent shipments of such organizations and individuals.  

2. In case conformity evaluation results of 3 consecutive product batches of testing organizations (for level 1) and certification organizations (for level 2) confirm the quality conformity to national technical regulations, without causing unsafe for humans, animals, plants, assets, environment and receive no complaints or accusations regarding manufacturing activities from the date the level-3 management measures are taken, the supervision agencies shall consider and decide to revert to apply level-1 or level-2 management measures to products and goods of manufacturing organizations and individuals.

3. In case after 03 consecutive imported goods shipments are proven by the importer that the assessment results are consistent with national technical regulations for imported goods, without causing unsafety to people, animals, or plants, assets, environment, and since level-3 management measures have been applied, if the supervision agency has not received complaints or denunciations about import activities, it shall consider and decide to switch back to applying the previous level-1 and level-2 management measures on that importer's goods for subsequent shipments.

Article 6. Processing import dossiers that fail to be completed within the prescribed time limits

1. Imported group-2 products and goods that are subject to level-1 management measures

a) Within 15 business days from the date the goods are granted customs clearance, if importers fail to submit reports on self-evaluation results (including information specified in Clause 8 Article 3 of this Circular):

a1) Importers shall send a document to supervision agencies, specifying the reasons and date of completion. Supervision agencies shall, based on written explanation of importers (if any) and probability of causing unsafe of products and goods, decide to extend the deadlines for submitting self-evaluation results;

a2) If importers fail to send a document to supervision agencies, specifying the reasons and date of completion, supervision agencies shall conduct physical inspection at facilities of importers and on the market in accordance with the Minister of Science and Technology’s Circular No. 26/2012/TT-BKHCN dated December 12, 2012, on state inspection of quality of goods in circulation (hereinafter referred to as Circular No. 26/2012/TT-BKHCN), 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 Circular No. 26/2012/TT-BKHCN (hereinafter referred to as Circular No. 12/2017/TT-BKHCN). At the same time, supervision agencies shall consider and decide to apply level-3 management measures for imported goods of the organizations and individuals.

b) If importers fail to submit self-evaluation results within the extended deadline, supervision agencies shall immediately conduct inspection on the market in accordance with Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN. At the same time, supervision agencies shall consider and decide to apply level-3 management measures for imported goods of the organizations and individuals.

2. Imported group-2 products and goods that are subject to level-2 management measures

a) Within 15 business days from the date the goods are granted customs clearance, if importers fail to submit true copies of the originals (bearing signatures and seals of importers) of certificates of quality specified at Point b Clause 7 Article 3 of this Circular:

a1) Importers shall send a document to supervision agencies, specifying the reasons and date of completion. Supervision agencies shall, based on written explanation of importers (if any) and probability of causing unsafe of products and goods, decide to extend the deadlines for submitting certificates of quality;

a2) If importers fail to send a document to supervision agencies, specifying the reasons and date of completion, supervision agencies shall conduct inspection at facilities of importers and on the market in accordance with Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN. At the same time, supervision agencies shall consider and decide to apply level-3 management measures for imported goods of such organizations and individuals.

b) Past the extended deadlines for submission of certificates of quality, if importers fail to submit the certificates of quality, the supervision agencies shall immediately conduct inspection on the market in accordance with Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN and at facilities of the importers. At the same time, supervision agencies shall consider and decide to apply level-3 management measures for imported goods of such organizations and individuals.

c) In case certification organizations or assessment organizations issue written confirmation stating that imported goods are not regulated by corresponding national technical regulations, within 5 business days, importers shall submit written confirmation of certification organizations or assessment organizations to supervision agencies to store import dossiers; in such case, certificates of quality are not required to be submitted together with the written confirmation.

3. Imported group-2 products and goods subject to level-3 management measures

a) In case importers fail to submit adequate import dossiers, supervision agencies shall specify missing items under the dossier receipt and request importers to supplement and complete the dossiers within 15 business days. Past such deadline if importers fail to adequately complete the dossiers, importers shall send a document to supervision agencies, specifying the reasons and date of completion. Supervision agencies shall, based on documents of importers, decide on extending deadline for supplementing and completing the dossiers and inform customs offices. Subsequent inspection steps shall only be implemented once importers complete import dossiers.

b) Within 01 business day from the date the deadline for supplementing the goods import dossier expires, if importers fail complete the import dossiers, supervision agencies shall announce state inspection results regarding imported goods quality using Form 3 provided in Appendix to Decree No. 74/2018/ND-CP. The announcement must specify: “Shipment with inadequate dossiers” and shall be sent to importers and customs offices. At the same time, supervision agencies shall assume the prime responsibility for, and coordinate with relevant agencies in, conducting irregular inspection of goods quality at facilities of importers and on the market in accordance with Circular No. 26/2012/TT-BKHCN and Circular No. 12/2017/TT-BKHCN.

Article 7. Applying quality inspection exemption for imported group-2 products and goods

1.  During the period of exemption from state inspection of quality of imported goods, on a quarterly basis (before the 25^th of the last month in a reporting period), importers shall submit written reports on import situation together with the evaluation results of conformity to national technical regulations and standards announced for application to supervision agencies to monitor and perform post-inspection.   Reports on import situation together with conformity evaluation results consist of:

a) Name of importers, addresses; phone number and fax numbers;

b) Date of import, border gate of import (name and address);

c) Other information on imported goods:

c1) Name of goods, brand names, models, technical properties;

c2) Origin and manufacturers;

c3) Imported amount and weight; unit of measurement;

c4) Conformity evaluation results (evaluation date, results, evaluating organizations/units, national technical regulation number, standard number announced for application);

d) Commitment on goods’ quality conformity to national technical regulations and standards announced for application and total responsibilities before the law for quality of imported goods and self-evaluation results.

2. During inspection exemption period or during the inspection exemption period specified at Point c Clause 8 Article 7 of Decree No. 132/2008/ND-CP which was amended and supplemented under Clause 3 Article 1 of Decree No. 74/2018/ND-CP, if importers fail to submit reports on import situation together with the evaluation results of conformity to national technical regulations and standards announced for application to supervision agencies to monitor and carry out post-inspection on a quarterly basis, supervision agencies shall issue a document on suspension of inspection exemption.

Article 8. Quality inspection of imported group-2 products and goods in small quantity

1. Based on management demands and requirements for each goods type, line ministries shall specify management measures in corresponding national technical regulations in case of imported group-2 products and goods in small quantity which are insufficient for collecting samples as prescribed by law or in case test expenses determined via 3 quotes of testing organizations are greater than value of imported shipments. 

2. In case corresponding national technical regulations have not yet regulated such issues, enterprises shall comply with instructions of line ministries.

3. In case imported goods are entitled to exemption from inspection, if violations against corresponding national technical regulations or standards announced for application or in case of complaints or accusations regarding goods quality during circulation on the market, supervision agencies shall carry out irregular inspections at facilities of importers.

Article 9. Handling imported goods non-compliant with technical regulations and standards announced for application (if technical regulations are unavailable)

1. Supervision agencies shall comply with Decree No. 74/2018/ND-CP and transfer dossiers to customs offices in accordance with customs laws for goods subject to level-3 management measures and non-compliant with national technical regulations or standards announced for application (in case technical regulations are unavailable) that have not been granted customs clearance. Supervision agencies shall coordinate with customs offices in the course of handling.

Dossiers consist of application for quality inspection of imported goods, conformity evaluation results, notice of state inspection results regarding quality of imported goods, official dispatches of supervision agencies to customs offices where enterprises carry out import procedures for handling in accordance with customs laws.

2. For imported goods subject to level-1 and level-2 management measures, based on conformity evaluation results with conclusion that the goods fail to conform to technical regulations or standards announced for application (in case technical regulations are unavailable), supervision agencies shall:

a) Notify the state inspection results regarding the goods quality’s failure to meet the quality requirements of imported goods according to Form 3 to Decree No. 74/2018/ND-CP, request importers to suspend circulation, recall such goods, report supervision agencies of the amount of goods that are in store and sold, goods preservation and propose recycling, repurposing or disposal measures;

b) Carry out inspections at storage of importers to determine the amount of violating goods in store and sold:

b1) Decide on inspection using the Form 1.QDKT provided in Appendix to this Circular.

b2) Make written records of inspection using the Form 2.QDKT provided in Appendix to this Circular.

b3) Seal violating goods. Written records of seal/unseal shall comply with Form 3a-BBNP and Form 3b-BBMNP; Seals shall comply with Form 4.TNP provided in Appendix to this Circular.

b4) Make written records of administrative violations using Form 5.BBVPHC provided in Appendix to this Circular;

c) Consider remedial measures proposed by the importers:

c1) In case importers propose recycling measures (domestically or recycling for re-export and return to customers – sellers and to importers) or changing use purpose of products and goods, supervision agencies shall review such measures, make reports and request competent management agencies to approve or reject the measures. In case of approval of importers’ measures, take remedial measures as proposed in decisions on sanctioning administrative violations. In case of disapproval of importers’ measures, send written response to the importers for changing measures accordingly;

c2) In case importers propose disposal measures, such disposal measures must be approved by agencies in charge of environment management;

d) Issue decisions on sanctioning administrative violations within their competence or transfer to competent authorities to issue decisions on sanctioning administrative violations as prescribed by law;

dd) Monitor and urge the implementation of decisions on sanctioning administrative violations. Conduct post-recycling inspection (for domestic recycling process) before circulating in the market and declare shipments eligible for circulation if conformity evaluation results satisfy quality requirements according to Form 6.TBLHDLT provided in Appendix to this Circular.

During processing period, if there are any complaints or accusations regarding conformity evaluation results or discrepancies between different conformity evaluation results for the same import shipments, supervision agencies shall request importers to carry out conformity evaluation at conformity evaluation organizations selected by supervision agencies. Test results of conformity evaluation organizations selected by supervision agencies shall be used as the basis for further processing.

3. Importers shall

a) Comply with decisions on sanctioning administrative violations.

b) Take remedial measures according to approved measures and report to supervision agencies:

b1) In case of taking domestic recycling measures, importers shall organize recycling according to approved measures; report to supervision agencies of the recycling results and conformity evaluation results of recycled shipments satisfactory to quality requirements.

b2) In case of taking recycling measures for re-export to return to customers - sellers and to importers approved by manufacturing facilities in exporting countries, importers shall follow customs procedures and customs supervision for goods imported for re-export in accordance with Article 48 of the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015, detailing, and providing measures to implement the Customs Law regarding customs procedures and customs inspection, supervision and control, which was amended and supplemented under Clause 21 Article 1 of the Government’s Decree No. 59/2018/ND-CP dated April 20, 2018, amending and supplementing a number of articles of the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015, detailing, and providing measures to implement the Customs Law regarding customs procedures and customs inspection, supervision and control, and compile dossiers in accordance with customs laws to re-export goods and report the results to supervision agencies.   

b3) In case of taking disposal measures, the goods disposal must comply with the law on environmental protection.

4. Dossiers on sanctioning administrative violations comprise: application for state inspection for imported goods quality; conformity evaluation results with conclusion that shipments do not satisfy quality requirements; respective documents specified at Points a, b, c, and d Clause 2 of this Article.

Chapter II

QUALITY MANAGEMENT OF GROUP-2 PRODUCTS AND GOODS UNDER THE MINISTRY OF SCIENCE AND TECHNOLOGY’S MANAGEMENT RESPONSIBILITY

Section 1. QUALITY INSPECTION OF IMPORTED GROUP-2 PRODUCTS AND GOODS

Article 10. Inspected subjects

1. Group-2 products and goods imported to Vietnam shall be managed in accordance with corresponding national technical regulations issued by the Ministry of Science and Technology and other products and goods capable of causing unsafety shall be subject to the management responsibility of the Ministry of Science and Technology. The use, management and organization of experiments in service of quality inspection of imported group-2 products and goods under the Ministry of Science and Technology’s management responsibility are specified in the corresponding national technical regulations.  

2. For imported goods that are radioactive substances or products containing radiation, the Law on Atomic Energy and guiding documents shall be complied with. 

Article 11. Grounds for inspection

The grounds for inspection are national technical regulations, standards announced for application for goods, regulations on goods labeling and relevant laws.

Article 12. Quality inspection of imported goods

1. For imported goods being steel (other than steel for reinforced concrete), level-1 management measures shall be taken.

2. For imported goods being helmets for motorcyclists, cyclists, child’s toys, steel for reinforced concrete, electric and electronic devices (electromagnetic compatibility and safety), lubricants for internal combustion engines and lighting products using LED technology, level-2 management measures shall be taken.

3. For imported goods being gasoline, diesel fuel, biofuel, liquefied petroleum gas (LPG), compressed natural gas (CNG) and liquefied natural gas (LNG), level-3 management measures shall be taken.

4. For other imported goods, based on management demands or capacity of causing unsafety of goods, the quality inspection of imported goods shall be specified in corresponding national technical regulations which specify management measures for one of the cases specified in Clause 2 Article 4 of this Circular.

5. In case of detecting the imported goods have unguaranteed quality, potentially cause unsafety to humans, animals, plants, assets, environment or based on the competent agencies’ conclusion on complaints or accusations of import operations, supervision agencies shall decide on taking a stricter management measure in accordance wirh Article 5 of this Circular. 

6. Order and procedures for inspecting imported goods shall comply with Decree No. 74/2018/ND-CP and Decree No. 154/2018/ND-CP.

Section 2. REGULATION-CONFORMITY ANNOUNCEMENT FOR GROUP-2 PRODUCTS AND GOODS IN MANUFACTURING

Article 13. Regulation-conformity announcement for group-2 products and goods in manufacturing under the Ministry of Science and Technology’s management responsibility

1. For manufacturing goods being steel (other than steel for reinforced concrete), level-1 management measures shall be taken.

2. For manufacturing goods being helmets for motorcyclists, cyclists, child’s toys, steel for reinforced concrete, electric and electronic devices (electromagnetic compatibility and safety), lubricants for internal combustion engines and lighting products using LED technology, level-2 management measures shall be taken.

3. For manufacturing, processing or mixing goods being gasoline, diesel fuel, biofuel, liquefied petroleum gas (LPG), compressed natural gas (CNG) and liquefied natural gas (LNG), level-3 management measures shall be taken.

4. For other manufacturing goods, based on management demands or probability of causing unsafety of goods, the regulation-conformity announcement shall be prescribed in the corresponding national technical regulations which specify the management measures for one of the cases specified in Clause 2 Article 4 of this Circular.

5. Supervision agencies shall consider and decide to take a stricter management measure or revert to a previous management measure for manufacturing goods under the Ministry of Science and Technology’s management responsibility in accordance with Article 5 of this Circular. The use, management and organization of experiments in service of quality inspection of manufacturing group-2 products and goods under the Ministry of Science and Technology’s management responsibility shall be specified under corresponding national technical regulations.  

Chapter III

IMPLEMENTATION ORGANIZATION

Article 14. Responsibilities of the Ministry of Science and Technology

1. To provide guidance on professions and inspecting operations of conformity evaluation organizations, accrediting institutions for conformity evaluation organizations and supervision agencies regarding quality inspection of goods under the Ministry of Science and Technology’s management responsibility.

For group-2 products and goods specified in Article 12 and Article 13 of this Circular, based on state management demands and capacity in each period, the Ministry of Science and Technology shall consider changing management measures specified in Article 4 of this Circular to meet management reality. Management measures applicable to group-2 products and goods shall be specified specified in the corresponding national technical regulations issued by the Ministry of Science and Technology.

2. To direct and handle the cases in which imported goods under the Ministry of Science and Technology’s management responsibility fail to meet quality requirements reported by supervision agencies.

3. The Directorate for Standards, Metrology and Quality shall organize the implementation of Clauses 1 and 2 of this Article. For cases beyond their competence, report to the Ministry of Science and Technology for consideration and decision.

4. The Department for Management of Goods and Product Quality under the Directorate for Standards, Metrology and Quality shall:

a) Organize the quality inspection for imported goods being gasoline, diesel fuel, biofuel, LPG, CNG, LNG, lubricants for internal combustion engines and other goods in accordance with the directions of the Directorate for Standards, Metrology and Quality; handle according to the law on state management responsibility for product and goods quality;

b) Comply with directions of the Director General of the Directorate for Standards, Metrology and Quality, conside and decide on taking management measures specified in Article 5 of this Circular for group-2 products and goods specified at Point a of this Clause; at the same time, notify the customs offices about the decisions for cooperation in implementation and publicizing on e-portals of supervision agencies, National single-window portal and report to the Directorate for Standards, Metrology and Quality.

Article 15. Responsibilities of line ministries

1. To direct supervision agencies affiliated to line ministries to organize quality inspection for imported group-2 products and goods under management responsibility of line ministries and handle according to the law on state management responsibility for goods quality under the management.

2. To direct supervision agencies affiliated to line ministries to consider and decide on taking management measures specified in Article 5 of this Circular for group-2 products and goods under management responsibility of line ministries; at the same time, notify customs offices about the decisions for cooperation in implementation and publicizing on supervision agencies’ e-portals and National single-window portal.

3. To direct competent agencies affiliated to line ministries to:

a) Provide guidance on profession and inspecting operations of registered and designated conformity evaluation organizations in line ministries and supervision agencies in quality inspection of goods under management responsibility of line ministries

b) Handle cases in which imported goods under management responsibility of line ministries fail to meet quality requirements reported by supervision agencies.

Article 16. Responsibilities of People’s Committees of provinces and centrally-run cities

1. People’s Committees of provinces and centrally-run cities shall direct:

a) Agencies advising and assisting People’s Committees of provinces and centrally-run cities in localities handling the cases where imported goods failing to meet quality requirements as reported by supervision agencies.

For products and goods under the Ministry of Science and Technology’s management responsibility, supervision agencies in charge of metrology standards shall report to agencies advising and assisting People’s Committees of provinces and centrally-run cities in managing science and technology in localities. For cases beyond the competence, report to People’s Committees of provinces and centrally-run cities for consideration and decision;

b) Agencies advising and assisting People’s Committees of provinces and centrally-run cities in managing science and technology in localities shall consolidate and submit reports on product and goods quality situation and inspection results to People’s Committees of provinces and centrally-run cities and the Ministry of Science and Technology in accordance with the law on periodic reporting regime under the state management scope of the Ministry of Science and Technology.

2. Agencies advising and assisting People’s Committees of provinces and centrally-run cities in managing science and technology in localities shall:

a) Direct supervision agencies in charge of metrology, quality and standard to carry out quality inspection of imported goods (except for goods specified at Point a Clause 4 Article 14 of this Circular) in border gates or inspection areas for imported goods under the management. Handle violations of law regulations on product and goods quality according to the competence;

b) Direct supervision agencies in charge of metrology, quality and standard to consider and decide on taking management measures specified in Article 5 of this Circular for group-2 products and goods specified at Point a of this Clause, at the same time, notify the customs offices and other supervision agencies about the decisions for cooperation in implementation, publicize on the supervision agencies’ e-portals, National single-window portal and report to the Directorate for Standards, Metrology and Quality, agencies advising and assisting People’s Committees of provinces and centrally-run cities in managing science and technology.

c) Consolidate and report the situation and results of quality inspection results for product and goods specified at Point b Clause 1 of this Article.

Article 17. Responsibilities of conformity evaluation organizations

1. To provide conformity evaluation results to supervision agencies and importers within 7 days from the date on which samples are collected for imported goods subject to level-3 management measures.

a) For imported goods subject to level-1 or level-2 management measures, conformity evaluation organizations shall provide conformity evaluation results to importers immediately after the results are available to ensure that within 15 business days from the date of clearance, the importers will submit such results to supervision agencies.

b) In case conformity evaluation period must be extended due to technical issues or objective reasons, the conformity evaluation organizations must immediately notify importers about reasons and deadline for returning conformity evaluation results so as the importers can report to supervision agencies. 

c) In case imported goods are not regulated by national technical regulations, the certification organizations or assessment organizations shall send a document to importers for submission to supervision agencies to store import dossiers; in such cases, certificates of quality are not required to be submitted together with this document.

2. Coordinate with supervision agencies upon receiving request related to conformity evaluation of products and goods for manufacturing and import.

3. Comply with other obligations in accordance with the law on product and goods quality.

4. Timely report to supervision agencies upon detecting violations committed by manufacturers or importers.

Article 18. Responsibilities of involved parties in handling imported goods failing to meet quality requirements

1. Importers shall be responsible for:

a) Registering and implementing regulations on quality inspection of imported goods for imported group-2 products and goods;

b) Satisfying request of agencies competent to decide the change of use purpose of goods or re-export, disposal or recycle of goods as prescribed by law.

For domestically recycled shipments, the importers shall be responsible for recycling and performing state inspection of post-recycle quality.  For shipments recycled for re-export and return to customers - sellers for importers, the importers shall re-export goods in accordance with the customs laws and report results to the supervision agencies;

c) Proving with the supervision agencies that approve the import dossiers of the import of 3 consecutive shipments specified in Clause 3 Article 5 of this Circular for the supervision agencies to consider and decide on applying previous management measures of level 1 or level 2 for goods of importers.

d) Performing other obligations in accordance with the law on product and goods quality.

2. Supervision agencies shall be responsible for:

a) Organizing the implementation of the law on quality inspection of goods and products;

b) Imported goods whose quality does not conform to announced applicable standards or corresponding national technical regulations shall be subject to the measure of forcible re-export or forcible destruction of the batch of goods or recycling by re-export method to return to the customers - the sellers to the importers, the supervision agency shall transfer the inspection dossier containing quality violations to the customs office where the organization or individual opens the customs declaration when carrying out the customs procedures for handling according to the competence;

c) Reporting recycling measures proposed by importers to superior agencies for imported goods of which the quality fails to meet the standard announced for application or corresponding national technical regulations in case domestic recycle is required. Supervision agencies shall perform state inspection for post-recycle quality for goods subject to domestic recycling measure.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19. Effect

1. This Circular takes effect from January 15, 2021.

2. The following provisions shall cease to be effective from the date on which this Circular takes effect:

a) The Minister of Science and Technology’s Circular No. 27/2012/TT-BKHCN dated December 12, 2012, providing the state inspection of the quality of imported goods under the management of the Ministry of Science and Technology;

b) The Minister of Science and Technology’s Circular No. 07/2017/TT-BKHCN dated June 16, 2017, amending and supplementing a number of articles of the Minister of Science and Technology’s Circular No. 27/2012/TT-BKHCN dated December 12, 2012, providing the state inspection of the quality of imported goods under the management of the Ministry of Science and Technology.

3. To repeal Clauses 3, 5, and 6 Article 3; Clauses 2, 3, and 4 Article 12; Point b Clause 1, Point b Clause 2, Point b Clause 3 Article 13; Point dd Clause 1 Article 17 of the Minister of Science and Technology’s Circular No. 28/2012/TT-BKHCN dated December 12, 2012, on declaration of standard conformity and technical-regulation conformity and methods for conformity assessment, amended and supplemented under the Minister of Science and Technology’s Circular No. 02/2017/TT-BKHCN dated March 31, 2017, on amending a number of articles of Circular No. 28/2012/TT-BKHCN.

4. To replace regulations on reports on self-evaluation results specified at Point b Clause 1 Article 14 of Circular No. 28/2012/TT-BKHCN, amended and supplemented under Circular No. 02/2017/TT-BKHCN, with regulations of Clause 8 Article 3 of this Circular from the effective date of this Circular.

5. If there are any legal documents referred to in this Circular amended, supplemented or replaced during the course of implementation, the new ones shall prevail.

Article 20. Transitional clauses

From the effective date of this Circular, valid notices for receipt of regulation-conformity announcement for manufacturing goods shall remain valid for the entire effective duration specified on such notice.

Article 21. Implementation responsibility

1. Any difficulties arising during the course of implementation should be reported to the Ministry of Science and Technology (via the Directorate for Standards, Metrology and Quality) for consideration and modification.

2. The Director General of the Directorate for Standards, Metrology and Quality shall guide and organize the implementation of this Circular.

3. Ministers, heads of ministerial-level agencies and heads of government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities and relevant organizations, individuals shall implement this Circular./.

* All Appendices are not translated herein.