Thông tư liên tịch 58/2015/TTLT-BCT-BKHCN

JOINT CIRCULAR

PROVIDING FOR MANAGEMENT OF DOMESTICALLY-PRODUCED AND IMPORTED STEEL QUALITY

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. 127/2007/ND-CP dated August 01, 2007 on detailed regulations for implementing 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 on detailed regulations for implementing a number of articles of the Law on product and goods quality;

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

The Minister of Industry and Trade and the Minister of Science and Technology promulgate a Joint Circular to provide for management of domestically-produced and imported steel quality.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope of regulation:

a) This Joint Circular provides for quality management of domestically-produced and imported steel products (according to HS code) stated in Annex II and Annex III promulgated under this Joint Circular.

b) The following steel products are not governed by this Joint Circular:

- Steel products exported or imported under Contract on processing of exported goods, steel products of temporary import and re-export, in transit or transshipment under Contract on production of exported goods; steel products that are processed and exported by enterprises or imported by enterprises in export processing zones to use as raw materials for production of exported goods;

- Steel products regulated in other legislative documents;

- Steel products serving the purposes of security and national defense;

- Domestically-produced and imported steel products used in national important works; projects and works approved by the Prime Minister.

- Domestically-produced and imported steel products serving domestic manufacturing as regulated in Annex I promulgated under this Joint Circular.

2. This Joint Circular applies to:

a) Producers, importers and users of steel;

b) The regulatory authorities in charge of steel quality management;

c) Designated conformity assessment organizations (hereinafter referred to as “assessing bodies”);

d) Other relevant authorities, organizations and individuals.

Article 2. Interpretation of terms

1. Standards announced for application is the set of compulsory specifications as regulated in this Joint Circular and other necessary contents of steel products that are announced by producers or importers of steel (on the basis of national standards, regional standards, foreign standards, international standards and basic standards).

2. A batch or shipment refers to a collection of steel products whose quantity is determined, and such steel products are domestically produced or imported by the same producer and have the same name, trademark, label, model, technical specifications.

3. Other terms used in this Joint Circular shall apply the Law on product and goods quality; the Law on Standards and Technical Regulations.

Chapter II

PROVISIONS ON MANAGEMENT OF STEEL QUALITY

Article 3. Announcement of applied standards and application of non-destructive testing method (NDT)

1. Applied standards of steel products must be announced before its circulation.

2. Steel products that are classified according to HS code stated in Annex II promulgated under this Joint Circular:

a) In case the producers or importers of steel apply basic standards to announce as the applied standards, technical requirements of the basic standards shall not lower than those regulated in national standards of Vietnam (TCVN).

b) In case the national standards of Vietnam (TCVN) are not available, technical requirements of the basic standards shall not lower than those regulated in corresponding national standards of exporting country or international standards.

c) In case the national standards of Vietnam (TCVN), the national standards of exporting country and the international standards are not available, the basic standards must satisfy requirements stated in Clause 4 herein.

3. Steel products that are classified according to HS code stated in Annex III promulgated under this Joint Circular:

Producers and importers of steel apply corresponding national standards of Vietnam (TCVN) or national standards of exporting country to announce as applied standards.

4. Announced standards must include the following basic criteria of steel products:

a) Criteria of dimension, appearance and physio-mechanical properties:

- Geometrical dimension: diameter/thickness, width; length;

- Appearance: surface, mill edge;

- Criteria of physio-mechanical properties:

+ Yield strength; tensile strength; percentage elongation; or

+ Yield strength; tensile strength; percentage elongation; ultimate bending strength; or

+ Yield strength; tensile strength; hardness limit; ultimate bending strength.

- Metallic clad/coated/plated steel: thickness of cladding/coating/plating and adherence shall be additionally specified.

b) Criteria of chemical properties:

- Content of 05 elements including C, Si, Mn, P and S of steel products must be specified;

- Stainless steel products: content of 02 elements including Cr and Ni must be additionally specified;

- Alloy steel products: content of at least 01 alloying element (according to registered kind of alloy steel) must be additionally specified.

5. The following steel products shall apply non-destructive testing method (NDT) in the course of quality assessment:

a) Steel product of a thickness of 10 mm or more; steel bar of a thickness of 50 mm or more;

b) Angles, sections, corrugated sections of steel products;

c) Closed-box form steel of a width of 150 mm or more, a thickness of 4mm or more, not in coils and without patterns.

Article 4. Provisions on management of domestically-produced steel quality

1. Domestic producers of steel shall announce standards applied to their steel products. Announced standards shall comply with Article 3 of this Joint Circular.

2. Labeling of goods shall comply with the Government’s Decree No. 89/2006/ND-CP dated August 30, 2006 providing for goods label;

The Circular No. 09/2007/TT-BKHCN dated April 06, 2007 of the Ministry of Science and Technology guiding the implementation of a number of articles of the Governments Decree No. 89/2006/ND-CP and the Circular No. 14/2007/TT-BKHCN dated July 25, 2007 of the Minister of Science and Technology providing for amendments to the Circular No.09/2007/TT-BKHCN.

Article 5. Provisions on management of imported steel quality

1. Importers of steel products shall announce standards applied to their imported steel products. Announced standards shall comply with Article 3 of this Joint Circular.

2. Conformity of imported steel with standards announced for application must undergo conformity assessment by the designated assessing bodies.

3. Labeling of goods shall comply with Clause 2, Article 4 of this Joint Circular.

4. Documents for announcement of standards applied to imported steel include:

a) Standards of steel quality used for announcement;

b) Certificate of conformity with standards of imported goods issued by designated certification organizations or Deed of conformity assessment of imported goods issued by designated assessment organizations.

5. With regard to steel products that are classified according to HS code stated in Section 2 Annex III promulgated under this Joint Circular, the following documents shall be supplemented:

a) Certificate of demands on imported steel of Department of Industry and Trade where business operations are registered confirming demands on imported steel to directly use for production, mechanical processing or manufacturing and commitment on consumption of no imported steel for production of steel products in conformity with national technical regulations on steel used for concrete reinforcement (QCVN 07:2011/BKHCN). Certificate of Department of Industry and Trade shall take effect within 06 months as of the date of issuance.

b) Declaration of imported steel with certification of the Ministry of Industry and Trade (Heavy Industry Department). Declaration of imported steel shall take effect for 01 month as of certification date of the Ministry of Industry and Trade (Heavy Industry Department).

In case of violation of committed and declared contents, the violators shall bear responsibilities as regulated by the laws on customs and taxation. Ministry of Industry and Trade (Heavy Industry Department) shall suspend certification of declaration until such violations are settled.

Article 6. Procedures for certificate of demand for imported steel

1. The applicant shall, directly or by post, submit 01 set of application for certificate of demand for imported steel serving production, mechanical processing or manufacturing and commitment not to use imported steel for production of steel products in conformity with national technical regulations on steel used for concrete reinforcement to the Department of Industry and Trade where organization or individual register its operations. The application includes:

a) Written request for certificate of demand for imported steel to directly use for production, mechanical processing or manufacturing and commitment on consumption of no imported steel for production of steel products in conformity with national technical regulations on steel used for concrete reinforcement with the quantity of imported steel suited to capacity of processing or production line for a given period as declared;

b) Certified copies of Certificate of business registration or Certificate of company registration or Certificate of investment registration of the applicant;

c) Notes of facilities (area of workshops, depots, and technological lines), applicant’s capacity, product categories and demand for steel used as raw materials (metric tons/year), in which the applicant’s signature and seal must be affixed.

2. If the application is valid, within (05) working days, the Department of Industry and Trade shall consider the application and issue certificate. In case the application is invalid, the Department of Industry and Trade shall grant a written notice to the applicant to complete the application.

Within 05 working days as of the receiving date of the valid amended application as regulated, the Department of Industry and Trade shall issue and send certificate to the applicant by post on the date of issuance.

Article 7. Order and procedures for certification of declaration of imported steel

1. The applicant shall, directly or by post, submit 03 declaration forms of imported steel (using forms stated in Annex IV promulgated under this Joint Circular) to the Ministry of Industry and Trade, No. 54 Hai Ba Trung St., Hoan Kiem District, Ha Noi City;

2. Within (05) working days, the Ministry of Industry and Trade (Heavy Industry Department) shall consider and directly give certification on declarations forms of imported steel. If the declaration forms of imported steel are invalid, the Ministry of Industry and Trade (Heavy Industry Department) shall grant written notice to the applicant for amendment. Within 05 working days as of the receiving date of the valid amended declaration forms as regulated, the Ministry of Industry and Trade (Heavy Industry Department) shall make certification and send such certified declaration forms to the applicant by post on the date of certification.

Article 8. Designation of conformity assessment organizations

1. The testing, assessment, certification of quality conformity for domestically-produced and imported steel products as prescribed in Annex II and Annex III of this Joint Circular shall be conducted by designated testing organizations, assessment organizations and certification organizations.

2. The Ministry of Industry and Trade shall appoint the steel-quality testing organizations. To be specific:

a) For domestic testing organizations: orders and procedures for designation shall comply with Circular No. 09/2009/TT-BKHCN dated April 08, 2009 of the Minister of Science and Technology guiding requirements, orders and procedures for designation of assessing bodies and the Circular No. 11/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology providing for amendments to a number of provisions in the Circular No.09/2009/TT-BKHCN;

b) For foreign testing organizations: orders and procedures for assessment on practical testing capability of foreign testing organizations shall comply with the Circular No. 26/2013/TT-BKHCN dated November 15, 2013 of the Minister of Science and Technology (the Circular No. 26/2013/TT-BKHCN) or the testing results of foreign testing organizations shall be recognized on the basis of mutual recognition agreements or treaties on results of conformity assessment.

3. The Ministry of Industry and Trade shall designate steel-quality assessment organizations and certification organizations. Requirements, orders and procedures for designation of assessment organizations and certification organizations shall comply with the Circular No. 09/2009/TT-BKHCN dated April 08, 2009 and the Circular No. 11/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology providing for amendments to a number of provisions in the Circular No. 09/2009/TT-BKHCN

4. Requirements for designated testing organizations

a) Domestic testing organizations:

- Have registered testing operations 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 conformity assessment operations, the Circular No. 10/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology providing for amendments to a number of provisions in the Circular No.08/2009/TT-BKHCN;

- Establish, apply and maintain the validity of quality management system for testing laboratories according to national standards TCVN ISO/IEC 17025:2007 or international standards ISO/IEC 17025:2005;

b) Foreign testing organizations: Satisfy requirements specified in Article 6 of Circular No. 26/2013/TT-BKHCN.

5. Ministry of Industry and Trade shall recognize testing results (testing report/mill testing) of testing organizations in exporting countries for criteria of electromagnetism and magnet permeability of imported electrotechnical thin-sheet steel if the following requirements are satisfied:

a) Capability of testing organization in exporting country are evaluated and recognized to conform to standards ISO/IEC 17025:2005 by a member signatory of Mutual Recognition Agreements of International Laboratory Accreditation Cooperation (ILAC), or Asian Pacific Laboratory Accreditation Cooperation (APLAC) with certificate of recognition granted.

b) Importer shall submit copies of certificate of recognition that is unexpired in sectors of recognition (with importer’s certification of true copy) to the Ministry of Industry and Trade for consideration and making decision.

Chapter III

INSPECTION OF STEEL QUALITY

Article 9. Order, procedures and contents for inspection of domestically-produced steel quality

Inspection of domestically-produced steel quality shall comply with the Law on product and goods quality and Article 4 of this Joint Circular.

Article 10. Order, procedures and contents for quality inspection of imported steel

Inspection of quality of imported steel shall be performed as follows:

- Step 1: Assessment of conformity of steel quality executed by the designated assessing bodies.

- Step 2: Inspection of imported steel quality by state authorities.

1. Assessment on conformity of steel quality executed by designated assessing bodies:

a) If the importer chooses the method of conformity assessment according to import shipment:

Assessment on conformity of the import shipment shall be conducted by designated certification organization or assessment organization according to method 7 (Testing and assessment of a shipment/batch of products, goods) regulated in the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology providing for announcement of standard conformity and announcement of technical-regulation conformity and methods to assess conformity with standards and technical regulations. Expenses for conformity assessment of import shipment shall comply with Clause 15 Article 12 of the Law on product and goods quality.

b) If the importer chooses the method of conformity assessment at the exporting country:

Assessment on conformity of steel products shall be conducted by designated certification organization according to method 5 (Testing on typical samples and assessment of manufacturing process; carrying out supervision through testing on samples collected from steel plant or the market in association with assessment of the manufacturing process) regulated in the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology providing for announcement of standard conformity and announcement of technical-regulation conformity and methods to assess conformity with standards and technical regulations. To be specific:

- The designated certification organization shall receive and check the application, make plans and programs for assessment, and organize and conduct the assessment on the basis of contract signed with the requester for certificate, and then, submit reports to the Ministry of Industry and Trade and the Ministry of Science and Technology. After receiving reports of certification organization, in case of need, the Ministry of Industry and Trade and/or the Ministry of Science and Technology shall appoint supervisors to supervise assessment and certification activities carried out by certification organization in exporting country. Expenses for the aforesaid supervisors shall be covered by certification organization according to regulations in the Circular No. 102/2012/TT-BTC dated June 21, 2012 of the Minister of Finance stipulating the regime of working-trip allowances for state officials and employees who travel abroad on short working missions funded by the state budget.

- The designated certification organization shall assess quality management system, take typical samples at steel plant as regulated, carry out the testing and assess the conformity of such typical samples. If results of assessment on quality management system and testing results of typical samples are satisfactory, the certification organization shall issue Certificate of conformity with effect of 03 years to the requester.

- Ending the assessment process, the certification organization shall keep assessment documents on file and submit reports on assessment results to the Ministry of Industry and Trade and the Ministry of Science and Technology.

- Within the validity of issued certificate, the certification organization must conduct assessment and supervision by means of testing on samples taken at steel plant or on the mart (at importing border) in association with assessment on manufacturing process at steel plant for every 12 months. The certification organization shall base on results of such assessment and supervision to maintain or suspend or cancel validity of the issued certificate.

2. Order and procedures for inspection of imported steel quality by state authorities.

a) The importer shall submit 01 set of application for inspection of imported steel quality by state authorities to the state inspection authorities where customs procedures are carried out. The application includes:

- Registration form for inspection of imported steel quality by state authorities using form stated in Annex V in this Joint Circular;

- Copies (with the importer’s seal) of Contract, Packing list; Invoice, Bill of Lading; Certificate of origin (C/O);

- Copies (with the importer’s seal) of Certificate of conformity with standards of imported steel issued by designated certification organization or Deed of conformity assessment of imported steel issued by designated assessment organization.

- With regard to steel products that are classified according to HS code stated in Section 2 Annex III promulgated under this Joint Circular, the application must be supplemented with Declaration for imported steel with certification of Department of Industry and Trade and copy of Certificate of demand for imported steel issued by Department of Industry and Trade.

b) Within 03 working days as of receiving date of valid application, the state inspection authority shall grant a notice of inspection results of imported steel quality stating that imported steel has fulfilled quality requirements using form stated in Annex VII in this Joint Circular.

c) If the application is invalid, the state inspection authority shall check unsatisfied items in receipt of application using form stated in Annex VI in this Joint Circular and request the importer to complete the application within 25 working days. Over the aforesaid time-limit, if the application is not completed, the importer must send a written letter stating reasons and period for completing the application to the state inspection authority.

In case the importer fails to complete the application within regulated time-limit, within 03 working days as of ending the time-limit for supplementing the application, the state inspection authority shall grant a notice of inspection results of imported steel quality to the importer and customs authorities, using form stated in Annex VII in this Joint Circular, in which, it must be clearly stated that “the application of shipment of goods is unsatisfactory”.

d) In case the documents relating to imported steel are unconformable with either importing documents or standards announced for application, within 03 working days, the state inspection authority shall grant a notice of inspection results to the importer and customs authorities, using form stated in Annex VII in this Joint Circular, in which, it must be stated that requirements of quality of imported steel are unsatisfied, and reasons of such results.

3. The customs authorities shall base on notice of inspection results of imported steel quality to carry out customs clearance procedures for the importer or take actions as regulated by the Law on customs.

With regard to steel products that are classified according to HS code stated in Section 2 Annex III promulgated under this Joint Circular, the application must be supplemented with Declaration for imported steel with certification of the Ministry of Industry and Trade (Heavy Industry Department) and copy of Certificate of demand for imported steel issued by Department of Industry and Trade.

Article 11: Provisions on applying simplified inspection methods to imported steel

1. Simplified inspection methods shall be applied by designated certification organization or assessment organization after the Ministry of Industry and Trade grants a notice of approval for simplified inspection methods. Depending on simplified inspection policies, there are 02 (two) simplified inspection methods as follows:

a) Method 1: reduced sampling (reducing the number of taken samples/ import shipment) for testing and conformity assessment according to standards announced for application. This simplified inspection method shall apply to steel products that have the same announced standards and the same steel trademark, are of the same producer, have been imported for 03 consecutive times, have conformity assessed at the same conformity assessment organization and quality requirements fulfilled. Period for simplified inspection is 01 year as of the fourth (04^th) import.

b) Method 2: comparing importing documents with actual import shipment, conducting supervision through testing on samples (samples are taken at the importing border), and assessing the conformity of testing samples according to standards announced for application. This simplified inspection method shall apply to:

- Steel products that have the same announced standards and the same steel trademark, are of the same producer, have been imported for 10 consecutive times, have conformity assessed at the same designated certification organization and quality requirements fulfilled. Period for simplified inspection is 02 years as of the eleventh (11^th) import.

- Shipments of imported steel products whose testing results granted by a foreign testing organization (not operating in Vietnam) have been recognized or testing results have been granted by a testing organization designated by the Ministry of Industry and Trade and testing results must fulfilled requirements as regulated in this Joint Circular.

2. Order and procedures for applying simplified inspection to imported steel:

a) Importer of steel that meets requirements regulated in Clause 1 of this Article shall prepare and send 01 set of application for applying simplified inspection methods to quality of imported steel to the Ministry of Industry and Trade for consideration and settlement. The application includes:

- Application for simplified quality inspection using form stated in Annex VIII in this Joint Circular;

- 01 certified copy of Certificate of business registration (applicable to enterprise conducting initial registration);

- Certificate of times of consecutive inspection (in corresponding with each simplified inspection method) carried out at designated certification organization or assessment organization, using form stated in Annex IX in this Joint Circular.

b) Within 03 working days as of receiving date of valid application, the Ministry of Industry and Trade shall consider and give response to the application of simplified inspection methods to imported steel. Notice of approval for simplified inspection methods using form stated in Annex X in this Joint Circular.

c) Basing on the notice of approval for simplified inspection methods, importer of steel, designated certification organization or assessment organization shall conduct the simplified inspection methods as regulated in Clause 3 of this Article.

3. Provisions on simplified inspection

a) Method 1 stated in Point a Clause 1 of this Article:

- Basing on the notice of approval for simplified inspection methods (hereinafter referred to as the notice) granted by the Ministry of Industry and Trade, importer of steel and designated certification organization or assessment organization whose names are stated in the notice shall conduct the simplified inspection methods for shipments of imported steel. Expenses for conducting conformity assessment of shipments of imported steel according to simplified inspection method shall be paid by the importer of steel as regulated in Clause 15 Article 12; Clause 2 Article 19 of the Law on product and goods quality.

Taking samples for simplified inspection shall comply with Section 3.1.22 of national standards of Vietnam TCVN 7790-1:2007 Sampling procedures for inspection by attributes - Part 1: Sampling schemes indexed by acceptance quality limit (AQL) for lot-by-lot inspection.

- During the course of simplified inspection, if requirements on quality of import shipment are not fulfilled, certification organization or assessment organization shall carry out the conformity assessment of shipments of imported steel according to order and procedures stated in Article 10 of this Joint Circular and send reports to the Ministry of Industry and Trade to consider and cancel the approval for simplified inspection method.

- Within validity of the notice, simplified inspection method shall not apply to import shipment if the volume or quantity of imported steel increases suddenly (1.5 times as to average volume or quantity of 03 consecutive shipments of imported goods when the application for simplified inspection method is carried out).

b) Method 2 stated in Point b Clause 1 of this Article:

- Basing on the notice of approval for simplified inspection methods (hereinafter referred to as the notice) granted by the Ministry of Industry and Trade, importer of steel and designated certification organization or assessment organization whose names are stated in the notice shall conduct inspection of documents of shipments of imported steel.

- Within validity of the notice, designated certification organization or assessment organization whose name is stated in the notice must conduct the assessment and supervision for every 06 months. Expenses for conducting such assessment and supervision shall be paid by the importer of steel as regulated in Clause 15 Article 12; Clause 2 Article 19 of the Law on product and goods quality.

- During the course of implementation, if inspection results of submitted documents and actual conditions of shipments of imported steel are inconsistent (unconformable), the designated certification organization or assessment organization shall carry out the conformity assessment of shipments of imported steel according to order and procedures stated in Article 10 of this Joint Circular and send reports to the Ministry of Industry and Trade to consider and cancel the approval for simplified inspection method.

- During the course of assessment and supervision, if assessment results show that quality of shipments of imported steel is unconformable with standards announced for application, the designated certification organization or assessment organization shall carry out the conformity assessment of shipments of imported steel according to order and procedures stated in Article 10 of this Joint Circular and send reports to the Ministry of Industry and Trade to consider and cancel the approval for simplified inspection method.

- Within validity of the notice, simplified inspection method shall not apply to import shipment if the volume or quantity of imported steel increases suddenly (1.5 times as to average volume or quantity of 10 consecutive shipments of imported goods when the application for simplified inspection method is carried out).

4. Inspection of quality of imported steel for importers of steel that have applied simplified inspection methods to conformity assessment of imported steel:

Basing on the information reflected on the market, the Ministry of Industry and Trade shall request the designated certification organization or assessment organization to cooperate with state inspection authorities to inspect quality of corresponding steel products of importer. Expenses for taking and testing samples shall comply with Point dd Clause 2 Article 9 of the Circular No. 27/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology.

5. Simplified inspection methods shall not apply to imported steel products with HS code stated in the List of Annex III promulgated under this Joint Circular.

For the purpose of management of the List of steel products stated in Annex I, Annex II and Annex III promulgated under this Joint Circular shall be amended according to actual situation.

Article 12. Treatment against unqualified shipment/batch of goods

1. Unqualified shipments/batches of domestically-produced steel products shall be treated according to Article 30 of the Law on product and goods quality and the Government’s Decree No. 80/2013/ND-CP dated July 19, 2013 providing for regulations on sanction of administrative violation in the field of standards, metrology and quality of products and goods.

2. Unqualified shipments of imported steel products shall be treated according to Article 36 of the Law on product and goods quality and the Government’s Decree No. 80/2013/ND-CP dated July 19, 2013 providing for regulations on sanction of administrative violation in the field of standards, metrology and quality of products and goods.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 13. Responsibilities of Ministry of Industry and Trade

1. Designate, inspect and supervise operations of designated steel-quality testing organizations.

2. Receive and process the application for simplified inspection submitted by the importer of steel and publish on the website of the Ministry of Industry and Trade; inspect the compliance with contents stated in certified declaration of imported steel. If the importer violates any contents of the aforesaid declaration, the Ministry of Industry and Trade shall grant notices to the customs authorities and tax authorizes to take actions against such violations as regulated by the laws on customs and taxation.

3. Make annual plan on inspection of quality of domestically-produced steel (including steel used for concrete reinforcement) and imported steel.

4. Assume the prime responsibility and coordinate with the Ministry of Science and Technology and relevant organizations and individuals to conduct the inspection of quality of domestically-produced steel and imported steel.

5. In case of need, supervise assessment and certification processes of designated certification organization in exporting country.

6. Amend and supplement the List of steel products stated in Annex I, Annex II and Annex III of this Joint Circular for ensuring management requirements.

7. Coordinate with the Ministry of Science and Technology to inspect and supervise operations of certification organizations and assessment organizations designated by the Ministry of Science and Technology.

Article 14. Responsibilities of Ministry of Science and Technology

1. Designate, inspect and supervise operations of designated steel-quality certification organizations and assessment organizations.

2. In case of need, supervise assessment and certification processes of designated certification organization in exporting country. Basing on supervision results, decide to designate, cancel or maintain validity of decisions on designation of certification organizations.

3. Coordinate with the Ministry of Industry and Trade and relevant organizations and individuals to conduct the inspection of quality of domestically-produced steel and imported steel.

4. Coordinate with the Ministry of Industry and Trade to inspect and supervise operations of testing organizations designated by the Ministry of Industry and Trade.

Article 15. Responsibilities of customs authorities

1. Customs authorities shall make customs clearance only when the importer submits the notice on inspection results stating that quality requirements on imported steel have been fulfilled as regulated in this Joint Circular. With regard to steel products that are classified according to HS code stated in Section 2 Annex III promulgated under this Joint Circular, the application must include the Declaration of imported steel with certification of the Ministry of Industry and Trade (Heavy Industry Department) and copy of Certificate of demand for imported steel issued by Department of Industry and Trade.

2. Assume the prime responsibility and coordinate with the Departments of Industry and Trade, Departments of Science and Technology of central-affiliated cities and provinces to take actions against unqualified shipments of imported steel in accordance with regulations of the Law on customs.

3. Supervise and make statistics on import of steel as prescribed in Annex II, Annex III of this Joint Circular and provide quarterly figures of imported steel to serve state management.

Article 16. Responsibilities of Departments of Industry and Trade

1. Coordinate with Department of Science and Technology to inspect steel quality in province.

2. Coordinate with provincial Customs Authorities and Department of Science and Technology to take actions against unqualified shipments of imported steel in accordance with regulations of the Law on customs.

3. Determine demand for imported steel for categories of steel according to HS code stated in Section 2 Annex III promulgated under this Joint Circular:

Article 17. Responsibilities of Departments of Science and Technology

1. Coordinate with Department of Industry and Trade to inspect steel quality in province.

2. Coordinate with provincial Customs Authorities and Department of Industry and Trade to take actions against unqualified shipments of imported steel in accordance with regulations of the Law on customs.

Article 18. Responsibilities of Sub-Departments for Standards, Metrology and Quality

1. Receive and process the application for inspection of imported steel quality by stated authorities as regulated in this Joint Circular.

2. Assume the prime responsibility in inspection of quality of circulated steel in managing region.

3. Summarize and submit reports on results of registration of inspection of imported steel quality on the basis of every quarter, every six months (ahead of July 15^th), every year (ahead of January 15^th of the next year) or unscheduled reports as requested. Reports shall be submitted to the Ministry of Science and Technology (Directorate for Standards, Metrology and Quality) and the Ministry of Industry and Trade (Science and Technology Department).

Article 19. Responsibilities of producers and importers of steel

1. Comply with regulations of this Joint Circular.

2. Keep documents of announcement of standards applied to steel.

3. Implement rights and obligations as regulated in the Law on product and goods quality.

4. Bear the inspection and supervision as regulated by laws and comply with inspection decisions of the state competent authorities.

Article 20. Responsibilities of designated assessing bodies.

1. Comply with regulations of this Joint Circular.

2. Implement rights and obligations as regulated in the Law on product and goods quality and relevant laws.

With regard to designated testing organizations, within validity of decision on designation, they must participate in proficiency testing scheme or interlaboratory comparison for at least 01 time in the field of steel testing.

3. Inform the authorities issuing decision on designation of any changes that causes influence on capacity for conducting registered testing, certification or assessment operations within 15 days as of the date of change.

4. Designated certification organizations, assessment organizations and testing organizations shall summarize and submit reports on results of conformity assessment on the basis of every quarter, every six months (ahead of July 15^th), every year (ahead of January 15^th of the next year) or unscheduled reports as requested. Reports shall be submitted to the Ministry of Industry and Trade (Science and Technology Department) and the Ministry of Science and Technology (Directorate for Standards, Metrology and Quality).

5. Bear the inspection and supervision as regulated by laws and comply with inspection decisions of the state competent authorities.

Chapter V

IMPLEMENTATION

Article 21. Effect

1. This Circular shall take effect as of March 21, 2016 and supersede the Joint Circular No. 44/2013/TT T-BCT-BKHCN dated December 31, 2013 of the Minister of Industry and Trade and the Minister of Science and Technology providing for management of domestically-produced and imported steel quality.

2. Decisions on designation of certification organizations, assessment organizations and testing organizations and decisions on exemption from quality inspection of imported steel in exporting countries (at source) shall take effect until validity stated in such designation decisions and decisions on exemption from quality inspection granted by the Ministry of Industry and Trade or the Ministry of Science and Technology comes to an end.

Article 22. Responsibilities for implementation

1. Producers, importers and users of steel; regulatory authorities in charge of steel quality management; designated certification organizations, assessment organizations and testing organizations and other relevant organizations and individuals shall implement this Joint Circular.

2. In case legislative documents adduced in this Joint Circular are amended or replaced, the new one shall apply.

3. During the course of implementation of this Joint Circular, any difficulties should be promptly addressed to the Ministry of Industry and Trade or the Ministry of Science and Technology for guidance or amendments./.

ANNEX I

LIST OF STEEL PRODUCTS THAT SHALL NOT APPLY THIS JOINT CIRCULAR (STEEL IMPORTED TO SERVE DOMESTIC MANUFACTURING)
(Promulgated under the Joint Circular No. 58 /2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology)  

ANNEX II

LIST OF STEEL PRODUCTS REQUIRING QUALITY INSPECTION ACCORDING TO BASIC STANDARS, NATIONAL STANDARDS OF VIETNAM (TCVN), REGIONAL STANDARDS, STANDARDS OF OTHER COUNTRIES AND INTERNATIONAL STANDARDS
(Promulgated under the Joint Circular No. 58 /2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology) 

ANNEX III

LIST OF STEEL PRODUCTS REQUIRING QUALITY INSPECTION ACCORDING TO NATIONAL STANDARDS OF VIETNAM (TCVN), NATIONAL STANDARDS OF EXPORTING COUNTRY
(Promulgated under the Joint Circular No. 58 /2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology) 

1. List of steel products requiring quality inspection

2. List of steel products requiring declaration of import and certification of demand for imported steel.

Steel products with HS code: 7224.10.00; 7224.90.00.

ANNEX IV

FORM OF DECLARATION OF IMPORTED STEEL
(Promulgated under the Joint Circular No. 58 /2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology) 

  DECLARATION OF IMPORTED STEEL 

To: Ministry of Industry and Trade

As regulated in the Joint Circular No. 58 /2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Minister of Industry and Trade and the Minister of Science and Technology providing for management of domestically-produced and imported steel quality, (name of the importer) kindly requests the Ministry of Industry and Trade to certify our declaration of imported alloy-steel to directly use for production, mechanical processing or manufacturing; not to use imported alloy-steel for production of steel used for concrete reinforcement as regulated by National technical regulation on steel used for concrete reinforcement (QCVN 07:2011/BKHCN).

PART I. GENERAL INFORMATION

PART II INFORMATION OF IMPORTED ALLOY-STEEL

ANNEX V

FORM OF REGISTRATION FOR QUALITY INSPECTION OF IMPORTED STEEL
(Promulgated under the Joint Circular No. 58 /2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology) 

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
-----------------------

………., day………month………year........

REGISTRATION FOR
QUALITY INSPECTION OF IMPORTED STEEL

To: Sub-Department for Standards, Metrology and Quality of province/city……….

Name of importer:…………………………………………….

Contact address:………………. Tel.:……………. Fax:…………….. E-mail:…………... .............................

Register for inspection of quality of the following types of steel:

▪ Location of storage: ...........................................................................................

▪ Enclosed documents:

- Contract No.: .......................................................................................

- Packing list: .......................................................................................

- Invoice: ...........................................................................................

- Bill of Lading: ...........................................................................................

- Certificate of origin (C/O): .......................................................................................

- Certificate of conformity with standards or Deed of conformity assessment: …………….issued by………………………….  

We undertake that aforesaid documents are valid and lawful and quality of import shipment is conformable with standards…………  and we shall bear responsibility for our commitment.

ANNEX VI

RECEIPT OF APPLICATION FOR QUALITY INSPECTION OF IMPORTED STEEL
(Promulgated under the Joint Circular No. 58/2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology) 

RECEIPT OF APPLICATION
FOR QUALITY INSPECTION OF IMPORTED STEEL

CONCLUSION

□ Required quantity of the application has been fulfilled: Received to carry out other steps of inspection.

□ Required quantity of the application is unsatisfied: received but the following items:……….. must be supplemented within 25 working days.  After receiving valid application, other steps of inspection shall be carried out as regulated.   

Note: Mark √ in items of documents included in the submitted application for import and “Conclusion” part.

ANNEX VII

FORM OF NOTICE OF INSPECTION RESULTS OF QUALITY OF IMPORTED STEEL
(Promulgated under the Joint Circular No. 58/2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology) 

NOTICE

 Inspection results of quality of imported steel

▪ Importing border:

▪ Date of import:

▪ Of the shipment with the following documents:

- Contract No.:

- Packing list:

- Invoice No.:

- Bill of Lading No.:

- Certificate of origin (C/O):

▪ Importer:

▪ Registration for quality inspection No.:……….dated……………..

▪ Grounds for inspection: Standards announced for application:……………………….

▪ Number of Certificate of conformity with standards/ Deed of conformity assessment: …………….issued by……………………issued on…………. 

  INSPECTION RESULTS

Specify any of the following contents:

 Requirements on quality of imported goods are satisfied.

or Requirements on quality of imported goods are unsatisfied (specify reasons).

or The application of the shipment is unfulfilled.

ANNEX VIII

FORM OF APPLICATION FOR SIMPLIFIED INSPECTION METHOD ACCORDING TO SHIPMENT
(Promulgated under the Joint Circular No. 58 /2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology) 

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
-----------------------

APPLICATION FOR
 SIMPLIFIED INSPECTION METHOD
ACCORDING TO SHIPMENT

To: Ministry of Industry and Trade

Name of importer:…………………………………………….

Address:………………………………………………….

Tax code: ...........................................................................................

Tel.:………………….. Fax:…………………. E-mail: ..................................

As regulated in the Joint Circular No. 58 /2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Minister of Industry and Trade and the Minister of Science and Technology providing for application of simplified inspection methods to inspect quality of imported steel, Company……………. kindly requests the Ministry of Industry and Trade to grant permission to our company to apply simplified inspection method according to shipment to inspect quality of the following types of imported steel:     

The application for simplified inspection method includes:

- Application for quality inspection by simplified inspection method;

- 01 copy (bearing “certified copy of the original” stamp of importer) of Certificate of business registration (applicable to enterprise conducting initial registration); 

- Certificate of consecutive inspection (Name of certification organization or assessment organization).

We look forward to your assistance and settlement./.

ANNEX IX

FORM OF CERTIFICATE OF CONSECUTIVE INSPECTION
(Promulgated under the Joint Circular No. 58/2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology) 

CERTIFICATE OF TIMES OF CONSECUTIVE INSPECTION
CONDUCTED AT THE SAME CONFORMITY ASSESSMENT ORGANIZATION

To: Ministry of Industry and Trade

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 detailed regulations for implementing a number of articles of the Law on product and goods quality;

Pursuant to the Joint Circular No. 58/2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology  providing for management of domestically-produced and imported steel quality;

Basing on results of conformity assessment of steel quality of 03 consecutive times at(Name of certification organization/assessment organization),

(Name of certification organization or assessment organization) hereby certifies:

.....(Name of certification organization or assessment organization) ………….undertakes to bear legal liabilities for above-certified contents./.  

ANNEX X

FORM OF NOTICE OF APPROVAL FOR SIMPLIFIED INSPECTION APPLIED TO INSPECTION OF IMPORTED STEEL QUALITY
(Promulgated under the Joint Circular No. 58/2015/TTLT-BCT-BKHCN dated December 31, 2015 of the Ministry of Industry and Trade and the Ministry of Science and Technology) 

NOTICE

Approval for simplified inspection methods applied to inspection of imported steel quality

Basing on the application for simplified inspection methods submitted by………………. (name of importer);

Basing on Certificate of times of consecutive inspection conducted at the same certification organization/assessment organization of…………. (name of certification organization or assessment organization);

At request of the Science and Technology Department, Ministry of Industry and Trade,

CONTENT OF NOTICE:

1. It's allowed to apply the simplified inspection method (…….specify simplified inspection method as regulated in Clause 2 of Article 11…..) to inspect quality of shipments of steel imported by............. (name of importer) for the following types of imported steel:

2. Validity for applying simplified inspection method: This notice shall take effect from day…..month…..year….. To day ... ... .month…….year.. ...