Thông tư liên tịch 44/2013/TTLT-BCT-BKHCN

JOINT CIRCULAR

PROVIDING FOR MANAGEMENT OF THE DOMESTICALLY-PRODUCED AND IMPORTED STEEL QUALITY

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

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

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

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

Pursuant to the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007, detailing implementation of Law on Standards and Technical regulations;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, detailing a number of Articles of Law on product and goods quality;

The Minister of Industry and Trade and the Minister of science and technology promulgate Joint Circular providing for management of the domestically-produced and imported steel quality as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides for management of the domestically-produced and imported steel quality for domestic use according to HS code stated in Annex I of this Circular.

Export steel and steel of temporary import for re-export, in transit, border-gate transfer are not in scope of regulation by this Circular.

2. This Circular applies to:

a) Organizations and individuals producing, importing and using steel;

b) The steel-quality state management agencies;

c) The appointed conformity evaluation organizations;

d) Other relevant agencies, organizations and individuals.

Article 2. Interpretation of terms

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

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

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

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

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

6. Recognition means certification of laboratory, calibration office, the certifying-conformity organizations, assessment organizations that have capability conformable with corresponding standards.

7. Acceptance of the conformity evaluation results means the work where competent state agencies, organizations and individuals operating in Vietnam accept results of conformity evaluation which are made by organizations of conformity evaluation of other countries, territories. 

8. Test organization means technical organization that conduct determination of steel characteristics according to a defined process.

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

10. Assessment means consideration of steel conformity in comparison with contract, standard as announced for application, technical regulations respectively by observation and evaluation of results from measurement and test.

11. A batch of goods means a collection of steel which is determined quantity, has the same name, trademark, label, kind, technical characteristics, of the same producers and in the same set of import dossier.

Chapter 2.

REGULATIONS ON ENSURING STEEL QUALITY

Article 3. Conditions for ensuring quality of domestically-produced steel

1. Organizations and individuals domestically producing steel must announce products conformable with the corresponding national technical regulations as prescribed in Circular No. 28/2012/TT-BKHCN dated December 12, 2012, of Minister of science and technology, providing for announcement of standard conformity and announcement of technical-regulation conformity and method to assess conformity with standards and technical regulations. 

2. In case where the national technical regulations (QCVN) are not available, organizations and individuals domestically producing steel shall announce the applied standards (basic standards, national standards of Vietnam (TCVN), standards of other countries, international standards, and regional standards) for products and goods.

3. Labeling of goods shall comply with Government’s Decree No. 89/2006/ND-CP dated August 30, 2006, on goods label, Circular No. 09/2007/TT-BKHCN dated April 06, 2007 of the Minister of science and technology, guiding the implementation of a number of articles of The Governments Decree No. 89/2006/ND-CP and Circular No. 14/2007/TT-BKHCN dated July 25, 2007, of the Minister of science and technology on supplementing the Circular No.09/2007/TT-BKHCN  

4. Base on typical characteristics of each steel kind, the Ministry of Industry and Trade shall promulgate the national technical regulations on production process. Organizations and individuals domestically producing steel shall apply this national technical regulation. The appointed certifying organizations shall certify technical-regulation conformity.

Article 4. Conditions for ensuring quality of import steel

1. Organizations and individuals importing steel must announce the applying standard (basic standards, national standards of Vietnam (TCVN), standards of other countries, international standards, and regional standards) for goods in import contracts.

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

Article 5. The appointment of the conformity evaluation organizations

1. The test organizations, assessment organizations and certification organizations which are appointed shall perform the test, assessment, certification of quality conformity for steel produced domestically, steel imported as prescribed in Annex I of this Circular.

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

a) For the domestic test organizations: The orders of and procedures for appointment shall comply with Circular No. 09/2009/TT-BKHCN dated April 08, 2009 of the Minister of science and technology, guiding the requirements and procedures for designation of conformity assessment bodies and Circular No. 11/2011/TT-BKHCN dated June 30, 2011 of the Minister of science and technology amending and supplementing a number of provisions in the Circular No.09/2009/TT-BKHCN;

b) For the foreign test organizations: The evaluation on capability of practical test of foreign test organizations shall comply with the orders and procedures specified in Circular No. 26/2013/TT-BKHCN dated November 15, 2013 of the Minister of science and technology (Circular No. 26/2013/TT-BKHCN) or the test results of foreign test organizations shall be accepted on the basis of treaties or agreements on mutual recognition on results of conformity evaluation.

3. The Ministry of Science and Technology shall appoint the assessment organizations and certification organizations involving steel quality. The requirement, orders of and procedures for appointment of the assessment organizations and certification organizations shall comply with Circular No. 09/2009/TT-BKHCN dated April 08, 2009 and Circular No. 11/2011/TT-BKHCN dated June 30, 2011 of the Minister of science and technology amending and supplementing a number of provisions in the Circular No.09/2009/TT-BKHCN

4. Requirements for the appointed test organizations

a) For the domestic test organizations:

- They have registered domain of test operation as prescribed in the Circular No. 08/2009/TT-BKHCN dated April 08, 2009 of the Minister of science and technology, guiding requirements and order of and procedures for registration of field of conformity assessment operation, and Circular No. 10/2011/TT-BKHCN dated June 30, 2011 of the Minister of science and technology amending and supplementing a number of provisions in the Circular No.08/2009/TT-BKHCN;

- To formulate, apply and keep the validity of quality management system for laboratory according to national standards TCVN ISO/IEC 17025:2007 or international standards ISO/IEC 17025:2005;

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

Chapter 3.

CHECK AND EVALUATION OF STEEL QUALITY CONFORMITY

Article 6. The order of, procedures for and content of check and evaluation of steel quality conformity

1. The quality conformity check and evaluation of steel domestically produced shall comply with legislations on product and goods quality and contents in Article 3 of this Circular.

2. The quality conformity check and evaluation of import steel shall be conducted according to form of check at source or the conformity evaluation according to batch of goods.

3. Methods and contents of quality check of import steel at source.

a) The Ministry of Industry and Trade shall preside over the quality check of import steel at source. The Ministry of Industry and Trade shall set up a check team with members including: Representatives of the Ministry of Industry and Trade (02 persons), of the Ministry of Science and Technology (01 person), of the conformity evaluation organization (01 person). After checking, the check team shall report the result of import-steel quality check to Department of science and technology (the Ministry of Industry and Trade) to do as basis for consideration, decision on exemption, decrease of check within 03 years. In valid time of decision on check exemption or decrease, probability check according to batch of goods shall be performed.

Cost for check at source shall be paid by organizations and individuals importing steel; the cost level shall comply with Circular No. 102/2012/TT-BTC dated June 21, 2012 of the Ministry of Finance;

b) Customs agencies shall base on decision on exemption or decrease of steel quality check of the Ministry of Industry and Trade to do procedures for customs clearance. For steel stated in Annex II of this Circular, organizations and individuals importing steel must supplement additionally the following papers:

- Registration of target, production capability certified by the Ministry of Industry and Trade (unless organizations and individuals importing steel are also steel user). Orders of and procedures for certification of the steel-use capability and target are specified at Annex II of this Circular.

- Contract of purchase and sale, or import authorization with users (in case where organizations and individuals importing steel are not steel users).

4. Methods and contents of quality conformity evaluation for import steel according to batch of goods.

a) Dossier of conformity evaluation for import steel includes:

- Registration for evaluation of import-steel quality conformity: 01 copy (made according to Annex III in this Circular);

- Contract of goods import: 01 copy (with a seal for copying from original of organization or individual):

- Invoice: 01 copy (with a seal for copying from original of organization or individual);

- Bill of lading: 01 copy (with a seal for copying from original of organization or individual);

- Packing list: 01 copy (with a seal for copying from original of organization or individual);

- Declaration of import goods: 01 copy (with a seal for copying from original of organization or individual);

- C/O - Certificate of Origin (if any): 01 copy (with a seal for copying from original of organization or individual);

- Picture or description of goods; model import label stuck with seal of technical-regulation conformity (if any) and subsidiary label (if main label has not yet had sufficient content as prescribed): 01 copy (with a seal for copying from original of organization or individual);

- Report of test result of a foreign test organization which is accepted or appointed (if any)

b) In case where goods have had test result conformable with standard announced for application by a foreign test organization which is accepted or appointed by the Ministry of Industry and Trade, the appointed assessment organization or certification organization shall check registration dossier of organization or individual importing steel and grant deed of assessment or certificate for batch of goods;

c) In case where goods have not yet had test result of a foreign test organization which is accepted or appointed by the Ministry of Industry and Trade, the appointed assessment organization or certification organization shall check registration dossier of organization or individual importing steel, take samples from batch of goods for test according to the respective standard announced for application at a test organization which is appointed by the Ministry of Industry and Trade. For some kinds of steel such as steel coil, steel plate, shaped steel, etc, organization or individual importing steel must clearly state in contract of purchase and sale with producers to have a surplus steel part so as to take samples for test:

- If test result is conformable, the assessment organization shall grant a deed of assessment for batch of goods or the certification organization shall grant a certificate for batch of goods.

- If test result is unconformable, the assessment organization or the certification organization shall grant a notification on batch of goods which is not conformable with the respective standard announced for application according to the set form in Annex IV of this Circular;

d) Customs agencies shall base on deed of assessment or certificate of batch of goods to do procedures for customs clearance. For steel stated in Annex II of this Circular, organizations and individuals importing steel must supplement additionally the following papers:

- Registration of target, production capability certified by the Ministry of Industry and Trade (unless organizations and individuals importing steel are also steel user).

- Contract of purchase and sale, or import authorization with users (in case where organizations and individuals importing steel are not steel users).

Article 7. Provisions on exemption or decrease of steel quality check

1. For steel products which are produced by a same producer with volume of next import not exceeding average of 3 previous import times, after 3 continuous quality check times, which satisfy requirements, such products will be exempted or decreased check and only conduct the probability check.    If batch of goods fail to satisfy quality requirements, the check will be conducted according to the prescribed orders and procedures. Dossier of request for exemption or decrease of import steel quality check may be sent to the Department of science and technology (the Ministry of Industry and Trade), including:

a) A request for exemption or decrease of quality check;

b) Certificate of business registration: 01 copy (with a seal for copying from original of organization or individual);

c) Contract of goods import: 01 copy (with a seal for copying from original of organization or individual);

d) Bill of lading (of 03 previous import times): 03 copies (with a seal for copying from original of organization or individual);

dd) Certificate of quality: 01 copy (with a seal for copying from original of organization or individual).

2. Within 10 (ten) working days, after receiving a sufficient and valid dossier, the Ministry of Industry and Trade shall consider and reply on exemption, decrease of import-steel quality check.

Chapter 4.

ORGANIZATION OF IMPLEMENTATION

Article 8. Responsibilities of the Ministry of Industry and Trade

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

2. To make annual plan on quality check of domestically-produced steel (including steel used to do concrete reinforcing) and import steel.

3. To assume the prime responsibility for, and coordinate with relevant agencies in establishing quality check of import steel at source.

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

5. To amend and supplement List of standards and technical regulations in Annex I and List of steel kinds which must register capability of production, demand and target of steel use at Annex II of this Circular.

6. To guide organizations and individuals in making dossier of requesting for exemption or decrease of import steel quality check.

Article 9. Responsibilities of the Ministry of science and technology 

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

2. To coordinate with the Ministry of Industry and Trade in checking quality of domestically-produced steel and imported steel.

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

Article 10. Responsibilities of customs agencies

1. Customs agencies shall make customs clearance only when the import organizations and individuals supply sufficient dossiers as prescribed at point b Clause 3 and point d Clause 4 Article 6 of this Circular.

2. The General Department of Customs shall supervise and make statistics on import of steel in List prescribed in Annex II of this Circular and quarterly send report to the Ministry of Industry and Trade. 

Article 11. Responsibilities of the provincial Departments of Industry and Trade

1. To receive the registration of the technical-regulation conformity announcement for steel (excluding steel used to do concrete reinforcing).

2. To assume the prime responsibility for, and coordinate with the provincial Departments of science and technology in managing steel quality in provinces.

Article 12. Responsibilities of the provincial Departments of science and technology

1. To receive the registration of the technical-regulation conformity announcement for steel used to do concrete reinforcing.

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

Article 13. Responsibilities of organizations and individuals producing, importing and using steel

1. Organizations and individuals producing steel domestically, organizations and individuals importing steel shall declare, register dossier of producing or importing steel according to provisions in this Circular.

2. Organizations and individuals using steel kinds specified in Annex II of this Circular (this Annex may be amended and supplemented at the request of management), annually, they must register to be certified capability of production, demand and target of steel use as raw materials for production with the Ministry of Industry and Trade (Department of Heavy Industry) according to the set form in Annex II of this Circular.

3. Organizations and individuals using import steel kinds specified in Annex II of this Circular are only permitted importing or authorizing for import with a volume of import steel not exceeding 150% of use demand in 01 year as certified by the Ministry of Industry and Trade. Annually, before January 20 of next year, or irregular as requested, organizations and individuals using import steel must report to the Ministry of Industry and Trade about use of import steel.

Article 14. Responsibilities of the appointed conformity evaluation organizations

1. To exercise rights and obligations as prescribed in Law on product and goods quality and relevant legislation.

For the appointed test organizations, in validity time of decision on appointment, they must participate in program on professional test and inter-laboratory comparison for once.

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

3. The appointed conformity evaluation organizations shall sum up and report results of conformity evaluation quarterly, biannually (before July 15), annually (before January 15 of next year) or irregular as requested. Reports are sent to Department of science and technology (the Ministry of Industry and Trade) and the Directorate for Standards, Metrology and Quality (the Ministry of Science and Technology) 

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 15. Effect

This Circular takes effect on June 01, 2014.

Article 16. Responsibilities of implementation

1. Organizations and individuals producing, importing, using steel; agencies managing steel quality; the appointed certification organizations, test organizations, assessment organizations and relevant organizations and individuals shall implement this Circular.

2. If standards, legal documents which are referenced in this Circular are amended, supplemented or replaces, new documents shall be applied.

3. During the course of implementation, if having any difficulty, problem, agencies, organizations and individuals should timely report to the Ministry of Industry and Trade, the Ministry of Science and Technology to have guide for amendments and supplementations.

APPENDIX 2

FORM OF LIST, PROCEDURES FOR CERTIFICATION OF CAPACITY, DEMAND, AND PURPOSES OF USING STEEL
(Issued together with the Joint Circular No. 44/2013/TTLT-BCT-BKHCN, dated December 31, 2013 of the Ministry of Industry and Trade and the Ministry of Science and Technology)

I. List

Notes: This list will be updated for the purpose of management.

II. Procedures for application for certification

1. General requirements:

Organizations, or individuals wish to use steel in production (hereinafter referred to as applicant) shall prepare 01 application for certification of capacity, demand and purposes of using steel (hereinafter referred to as application), then send it to the Ministry of Industry and Trade (the Department of Heavy Industry) directly or by post at following address: The Ministry of Industry and Trade, No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

2. Application for certification shall contain:

a) Application form for certification of demand for using steel in production (using the form in Section III of this Appendix);

b) A copy of Certificate of Business Registration, or Certificate of Investment Registration (bearing the “certified true copy” stamp of the applicant);

c) Description of facilities (area of workshops, depots, technological lines), applicant’s capacity, product categories and applicant’s steel demand (metric tons/year).

3. Receiving and processing application

- Within (05) working days, the Ministry of Industry and Trade shall verify the satisfactoriness of the application. In case the application is unsatisfactory, the Ministry of Industry and Trade shall request the applicant to complete the application.

- In case the application is satisfactory, within (10) working days, the Ministry of Industry and Trade shall verify application, or carry out an inspection at the applicant’s premises where necessary.

- Within (05) working days from the day on which the inspection result is given, the Ministry of Industry and Trade shall certify the applicant's annual steel demand and purposes and send the certification directly or by post.

III. Application form for certification of demand for using steel in production

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

[Location]………….., [date]………..

APPLICATION FOR CERTIFICATION OF CAPACITY, DEMAND, AND PURPOSES OF USING STEEL IN PRODUCTION

To: The Ministry of Industry and Trade

1. Name: ……………………………………………………………

2. Address: ………………………………Phone number: ……………………………

Fax: ………………………………………… Email: ……………………………………

3. Enclosed application:

-  A copy of Certificate of Business Registration, or Certificate of Investment Registration (bearing the “certified true copy” stamp of the applicant);

- Description of facilities, applicant’s capacity, product categories and applicant's demand for using steel in production (metric tons/year).

4. Pursuant to regulations of the Joint Circular No. 44/2013/TTLT-BKHCN-BCT dated December 31, 2013 of the Minister of Industry and Trade and the Ministry of Science and Technology on quality management of domestically-produced steel and imported steel, we hereby certify our steel demand as follows:

- Types of steel:

- Chemical ingredients:

- Physico-mechanical properties of steel:

- Demand in 201…:……metric tons.

- Purposes:

We hereby commit ourselves to complying with regulations of law on using steel for proper purposes and take legal responsibility for our declaration.