Thông tư 07/2017/TT-BKHCN

CIRCULAR

ON AMENDMENTS TO CIRCULAR NO. 27/2012/TT-BKHCN DATED DECEMBER 12, 2012 OF THE MINISTER OF SCIENCE AND TECHNOLOGY ON STATUTORY INSPECTION OF IMPORTED GOOD QUALITY UNDER THE MANAGEMENT OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

Pursuant to the Law on Product and goods quality dated November 21, 2007;

Pursuant to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 on guidelines for the Law on Product and Goods Quality;

Pursuant to the Government's Decree No. 20/2013/ND-CP dated February 2, 2013 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of Director of the Directorate for Standards, Metrology, and Quality and Director of Legal Department;

The Minister of Science and Technology promulgates a Circular on amendments to Circular No. 27/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on statutory inspection of imported good quality under the management of the Ministry of Science and Technology.

Article 1. Certain Articles of Circular No. 27/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on statutory inspection of imported good quality under the management of the Ministry of Science and Technology shall be amended as follows:

1. Article 2 shall be amended as follows:

“Article 2. Subjects of inspection

1. The potentially dangerous goods imported to Vietnam (hereinafter referred to as goods group 2) under management as prescribed in equivalent national technical regulations promulgated by the Ministry of Science and Technology and other potentially dangerous goods under the management of the Ministry of Science and Technology.

2. This Circular does not apply to the following imported goods:

a) Baggage of incoming persons; personal belongings within duty-free allowance;

b) Goods of diplomatic organizations and individuals, international organizations within duty-free allowance;

c) Samples for advertisement purpose that have no use value; sample goods for scientific research, research for production purposes; sample goods for testing for inspection, certification of conformity with national technical regulations, inter-laboratory testing;

d) Goods temporarily imported for display or presentation at trade fairs or exhibitions;

dd) Gifts within duty-free allowance;

e) Exchanged goods of border residents within duty-free allowance;

g) Goods temporarily imported for business;

h) Goods in transit, merchanting trade, transshipment;

i) Goods imported to bonded warehouses (not applicable to goods brought from bonded warehouses to domestic consumption);

k) Direct material used for processing of foreign traders or manufacturing exported goods;

l) Goods sold free of charge to outbound passengers (under temporary importation management);

m) Good re-imported for repair, recycling, destruction at the request of foreign partners;

n) Goods imported upon urgent request of the Government or the Prime Minister;

o) Good imported for national defense and security purposes;

p) Goods to be exempt from quality inspection a case-by-case basis by the Ministry of Science and Technology;

q) Other goods for non-business purpose (non-trade type) as per the law.

3. Imported goods being radioactive substances, radioactive products shall be compliant with the Law on Atomic Energy and its guiding documents.

2. Clause 2a shall be added and Clause 3 Article 4 shall be amended as follows:

 “2a. Importer refers to any organization or individual who imports goods (owner) or any organization, individual, or agency that is authorized to import goods by the owner (authorized person).

3. Shipment quality certificate includes one of the following documents:

a) Conformity self-assessment results of the importer;

b) Certification or appraisal results of registered or recognized certification body or appraisal organization as per the law.

c) Certificate of conformity of the designated certification body”.

3. Article 5 shall be amended as follows:

“Article 5. Imported good quality to be cleared

1. If the imported goods are evaluated according to self-assessment of the importer:

a) The importer registers inspection of imported goods as prescribed in Form No. 1 DKKT enclosed with Circular No. 27/2012/TT-BKHCN dated December 12, 2012, clarifying that the importer shall make self-assessment of conformity and good quality commitment, goods in line with national technical regulation, applied standards and take legal responsibility for product quality.

Within 1 working day, the inspecting agency shall certify that the importer has registered inspection of imported goods. The importer shall submit the written registration bearing certification of the inspecting agency to customs authority for clearance of goods;

b) Within 15 working days from the date of clearance, the importer shall submit the self-assessment results as prescribed to the inspecting agency. The self-assessment results shall contain:

- Name; address; phone number, fax;

- Names of goods;

- Number of national technical regulation;

- Findings stating whether the goods are conformable with national technical regulation;

- Undertakings for product quality conformable with national technical regulation, applied standards and legal responsibility for product quality and self-assessment results.

The importer shall take full responsibility for self-assessment results and conformity of goods with national technical regulation, applied standards. If the goods are not conformable with national technical regulation or applied standards, the importer will promptly report to the inspecting agency and revoke the goods as per the law.

2. If the imported goods are evaluated according to assessment results of certification body or appraisal organization which has been registered or recognized (hereinafter referred to as certification or appraisal body)

a) The importer registers inspection of imported goods as prescribed in Form No. 1 DKKT enclosed with Circular No. 27/2012/TT-BKHCN dated December 12, 2012, undertaking that the goods in line with national technical regulation, applied standards and take legal responsibility for product quality.

Within 1 working day, the inspecting agency shall certify that the importer has registered inspection of imported goods. The importer shall submit the written registration bearing certification of the inspecting agency to customs authority for clearance of goods;

b) Within 15 working days from the date of clearance, the importer shall submit a copy of origin of the certification or appraisal in conformity with national technical regulation as prescribed to the inspecting agency.

If the goods are evaluated by a Vietnamese certification body at the exporting country or a designated certification body, within 3 working days from the date of clearance, the shall submit a copy of origin of the certificate of conformity with national technical regulation as prescribed to the inspecting agency.

The importer shall take full responsibility for conformity of goods with national technical regulation, applied standards. If the goods are not conformable with national technical regulation or applied standards, the importer will promptly report to the inspecting agency and revoke the goods as per the law.

3. If the imported goods are evaluated according to assessment results of the designated certification body

a) The importer registers inspection of imported goods as prescribed in Form No. 1 DKKT enclosed with Circular No. 27/2012/TT-BKHCN dated December 12, 2012, undertaking that the goods in line with national technical regulation, applied standards and take legal responsibility for product quality enclosed with a copy of certificate of conformity with national technical regulation issued by the designated certification body and other documents prescribed in Article 6 of Circular No. 27/2012/TT-BKHCN dated December 12, 2012;

b) The inspecting agency shall give a notice of statutory inspection of quality of imported goods. Procedures for processing importing application shall be compliant with Article 7, Article 8 of Circular No. 27/2012/TT-BKHCN dated December 12, 2012;

c) Upon receipt of the notice, the importer shall submit a copy of this notice to customs authority for clearance of goods purpose”.

4. Article 5a shall be added as follows:

 “Article 5a. Inspection of goods group 2

1. Imported goods being steel (except for steel used to produce reinforcement) shall be compliant with Clause 1 Article 5 hereof. If the imported goods are found not conformable to the national technical regulations or the applicable standards or when complaints or denunciations about the self-assessment of conformity are considered truthful, imported steel shall be compliant with Clause 2, Article 5 of this Circular.

2. Imported goods being helmets for motorcycle and moped riders; children's toys, steel used to produce enforcement, electrical and electronic equipment (safety, electromagnetic compatibility) shall be compliant with Clause 2 Article 5 hereof.

3. Imported goods being petrol, diesel fuel and biofuels, liquefied petroleum gas (LPG) shall be compliant with Clause 3, Article 5 hereof.

4. Imported goods posing risks of in safety shall be inspected as prescribed in respective national technical regulation, clarifying one of cases prescribed in Article 5 hereof”.

5. Point d Clause 1 Article 6 shall be amended as follows:

“d) Relevant documents: Copies (with certification of importer) of bills of lading; invoices; declarations of imported goods; certificates of origin (if any); photographs or description of goods with mandatory information to be displayed in labels and secondary label (if primary label contains insufficient information as prescribed); certificates of free sale (if any)”.

6. Point b Clause 2 Article 7 shall be amended as follows:

“Inspection of mandatory information to be displayed in label; conformity of mandatory information with importing documents”.

7. Article 9a shall be added as follows:

 “Article 9a. Application of exemption from inspection of imported products

a) If import goods prescribed in Clauses 1 and 2, Article 5 of this Circular have the same name, use, trademark, type and technical characteristic of the same production establishment and origin from the same importer, after three consecutive import in six months together with a certificate of conformity with the national technical regulations shall be granted a certification of exemption from inspection for a period of 01 year with the following information: name of goods, brand, type; specifications; origin, manufacturer; quantity and volume of imported goods as registered; unit.

An imported who wishes to be exempt from inspection of imported goods shall submit an application containing: name of goods, brand, type; specifications; origin, manufacturer; quantity and volume of imported goods as registered; unit; certificate of conformity with national technical regulation for three consecutive imports in six months.

b) During the exemption period:

- Every 3 months, the importer must report on importation enclosed with assessment of conformity with national technical regulation or applied standards to the inspecting agency for monitoring.

- Inspecting agencies may conduct surprise inspection of shipments (if any).

c) During the exemption period, if the imported goods being circulated on the market are found not conformable with national technical regulation or applied standards, or when complaints or denunciations about the self-assessment of conformity are considered truthful, surprise inspection of shipment determines that the shipment is not conformable, the inspecting agency shall give a notice of suspension of exemption.

Annually, the inspecting agency shall conduct an inspection visit to storage of the importer. Procedures and contents of inspection shall be compliant with Circular No. 26/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on statutory inspection of goods circulating on the market”.

8. Clause 1 shall be amended and Clause 4 shall be added to Article 15 as follows:

“1. Provide conformity assessment results to inspecting agency and importer within 7 days, from the date of taking samples according to the assessment result of designated certification body.

If imported goods are subject to self-assessment results of the importer or registered or recognized certification or appraisal body, the certification or appraisal body must provide conformity assessment results for the importer as soon as practicable after determining such results in order for the importer to, within 15 working days from the date of clearance, submit such conformity assessment results to the inspecting agency.

If the period of conformity assessment prolongs due to technical or objective reasons, the certification or appraisal body must provide reasons and deadline for conformity assessment results to the importer.

4. Report on importer’s violations to the inspecting agency”.

9. Article 10 shall be annulled.

Article 2. Entry into force

This Circular comes into force as of October 1, 2017.

Article 3. Implementation

1. Ministries, ministerial-level agencies, Governmental agencies, the People’s Committees of provinces and central-affiliated cities, inspecting agencies, importers and relevant entities shall implement this Circular.

2. the Directorate for Standards, Metrology, and Quality shall provide guidelines for this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Directorate for Standards, Metrology, and Quality affiliated to the Ministry of Science and Technology for consideration./.