Circular 13/2024/TT-BLDTBXH amend Circular 26/2018/TT-BLDTBXH quality management of products and goods likely to become unsafe

CIRCULAR

Amending and supplementing a number of articles of the Circular No. 26/2018/TT-BLDTBXH dated December 25, 2018 of the Minister of Labor, Invalids and Social Affairs, prescribing quality management of products and goods likely to become unsafe under the state management by the Ministry of Labor, Invalids and Social Affairs

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Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; the Law on Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

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

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

Pursuant to the Government’s Decree No. 34/2016/ND-CP dated May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents; the Government’s Decree No. 154/2020/ND-CP dated December 31, 2020, amending and supplementing a number of articles of the Government’s Decree No. 34/2016/ND-CP dated May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents; the Government’s Decree No. 59/2024/ND-CP dated May 25, 2024, amending and supplementing a number of articles of the Government’s Decree No. 34/2016/ND-CP dated May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents, which was amended and supplemented by the Government’s Decree No. 154/2020/ND-CP dated December 31, 2020;

Pursuant to the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations; and the Government’s Decree No. 78/2018/ND-CP dated May 16, 2018, on amending and supplementing a number of articles of the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical 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, on 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 09, 2018, on amending, supplementing and repealing certain regulations on investment and business conditions in fields under the state management of Ministry of Science and Technology and certain regulations on specialized inspection.

Pursuant to the Government’s Decree No. 62/2022/ND-CP dated September 12, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of the Department of Work Safety;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular amending and supplementing a number of articles of the Circular No. 26/2018/TT-BLDTBXH dated December 25, 2018 of the Minister of Labor, Invalids and Social Affairs, prescribing quality management of products and goods likely to become unsafe under the state management by the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as Circular No. 26/2018/TT-BLDTBXH).

Article 1. Amending and supplementing a number of articles of the Circular No. 26/2018/TT-BLDTBXH

1. To amend and supplement Clause 2 Article 5 of the Circular No. 26/2018/TT-BLDTBXH as follows:

“2. Principles, procedures, dossiers, processing of dossiers of regulation-conformity announcement, and responsibilities of organizations and individuals performing such announcement shall comply with the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology, defining standard-conformity announcement, regulation-conformity announcement and methods of evaluation of conformity with standards and technical regulations, which is amended and supplemented by the Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Minister of Science and Technology, amending and supplementing a number of articles of the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology, defining standard-conformity announcement, regulation-conformity announcement and methods of evaluation of conformity with standards and technical regulations.”

2. To amend and supplement Clause 3 Article 5 of the Circular No. 26/2018/TT-BLDTBXH as follows:

“3. Upon regulation-conformity announcement, an organization or individual manufacturing group 2 products and goods under the state management of the Ministry of Labor, Invalids and Social Affairs must register he/she/its regulation-conformity announcement at the provincial-level Department of Labor, Invalids and Social Affairs of the locality where the organization or individual registers for their production and business activities in accordance with Clause 2, Article 14 of the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations.”

Article 2. Repealing Clause 5 Article 5, Article 6, Clause 1 Article 13, and Appendix I of the Circular No. 26/2018/TT-BLDTBXH

Article 3. Replacing Form No. 01 and Form No. 02 of Appendix III issued together with the Circular No. 26/2018/TT-BLDTBXH with Form No. 01 and Form No. 02 of the Appendix issued together with this Circular.

Article 4. Effect

1. This Circular takes effect on February 01, 2025.

2. Dossiers of regulation-conformity announcement that are received under the Circular No. 26/2018/TT-BLDTBXH before the effective date of this Circular shall comply with Circular No. 26/2018/TT-BLDTBXH.

3. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for research and handling./.

APPENDIX

(Attached to Circular No. 13/2024/TT-BLDTBXH dated December 05, 2024, of the Minister of Labor, Invalids and Social Affairs)

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Form No. 01. Register for state inspection registration of quality of imported products and goods.

Form No. 02. Report on quality management of products and goods.

Form No. 01

REGISTER FOR STATE INSPECTION REGISTRATION OF
QUALITY OF IMPORTED PRODUCTS AND GOODS

Form No. 02

REPORT

On quality management of products and goods

I. State inspection regarding quality of imported products and goods

1. Number of received dossiers for product and goods quality inspection.

2. Number of products and goods meeting quality standards for importation.

3. Number of products and goods not meeting quality standards for importation and measures for handling.

II. State inspection regarding quality of products and goods in circulation in the market

1. Products and goods to be inspected (specify quantity for each type of product and good).

2. Number of establishments to be inspected and inspection areas:

3. Quality and labeling status of goods under inspection:

4. Violation status, handling, and some typical cases:

- Number of violations and handling:

- Acts of violation:

- Some typical cases: (goods (quantity, value), content of violation, form and level of handling)

5. Status of complaints and complaint resolution regarding quality and labeling of goods.

III. State inspection regarding quality of products and goods in production

1. Products and goods to be inspected (specify quantity for each type of product and good);

2. Number of establishments to be inspected and inspection areas;

3. Quality of products under inspection;

4. Violation status, handling, and some typical cases:

- Number of violations and handling.

- Acts of violation.

- Some typical cases: Violating establishment, types of products (quantity, value), content of violation, form and level of handling).

5. Status of complaints and complaint resolution regarding quality of products and goods.

IV. Conformity Announcement

Number of dossiers resolved for regulation-conformity announcement procedures.

V. General Remarks and Assessment

VI. Proposals