Circular 34/2014/tt-Bnnptnt: How To Check The Quality Of Imported Salt

Original Language Title: Thông tư 34/2014/TT-BNNPTNT: Hướng dẫn kiểm tra chất lượng muối nhập khẩu

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CIRCULAR Guide check the quality of imported salt _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 199/2013/ND-CP on November 26, 2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to the law on quality of goods and products in 2007;
The base food safety Law 2010;
Pursuant to Decree No. 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on quality of goods and products;
Pursuant to Decree No. 38/2012/ND-CP dated 25 April 2012 of the Government detailing a number of articles of the law on food safety;
At the suggestion of Director of Department of agriculture forestry fisheries and salt;
The Minister of agriculture and rural development issued circulars to check the quality of imported salt.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular regulates the content and procedure of quality control of imported salt in responsible governance of the Ministry of agriculture and rural development.
2. The import of salt in the following cases are not in the scope of this circular and made under the current management rules: a) Temporarily enter the re-export, transfer, transit.
b) imported to serve export manufacturing or processing of goods for foreign traders.
c) personal baggage, samples, exhibition fair, pure cargo (Pa) used as a reagent in chemical analysis, gifts and salt cosmetics.
Article 2. The object that applies to this circular apply to organizations, individuals and foreign salt imports (hereinafter referred to as the import); organizations and individuals involved in checking the quality of imported salt.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. Salt (including table salt and denatured salt has been made): a compound, has the main ingredient is sodium chloride (chemical formula: NaCl), produced from the sea; extraction from salt mine used for eating, drinking, as raw materials for the manufacturing industry, chemicals, food, health and other sectors.
2. Food salt (table salt) HS code 2501.00.10: salt is sodium chloride concentrations are high, heavy metal residues in permitted levels, are used for direct food and food processing.
3. industrial Salt: coarse salt is produced on the copper salts are 2501.00.90 or HS codes from HS code 2501.00.20 salt mine, be prepared to remove impurities, has high concentrations of sodium chloride is used in the chemical industry or as raw materials for processing salt crystals and other industries.
4. HS code 2501.00.90: Crystal Salt is salt that has been processed by the method of washing, crushing or recrystallized or crystallized in vacuum is used in the food industry, water treatment, medical and other industries.
5. The shipment of imported salt: a category is a collection of salt is determined on the number, with the same name, brand, type, application type, the technical properties of the same production facilities and in the same record of imports.
6. test Room VILAS area standard: is the test rooms meet the conditions according to ISO/IEC 17025:2005 accredited Office-Ministry of science and technology reviews, accredited certification test object has fields VILAS try salt is sodium chloride (list published on the Website www.boa.gov.vn to import people choose to use the service to try experience the quality of the product, goods serve state management requirements).
Article 4. Check the base 1. For the import of food salt (table salt): national standard ISO 3974-2007 and salt food.
2. for imports of salt crystals: national standards ISO 9639-2013 salt (sodium chloride).
3. for imported industrial salt: national standards ISO 9640-2013 salt (sodium chloride).
4. for import of salt the categories specified in paragraph 1, paragraph 2 and Paragraph 3 of this article: the norms of heavy metals in salt as specified in the national technical regulation QCVN 8-2:2011/BYT pollution limits for heavy metals in foods.
Article 5. The quality of imported salt imported salts heading 2501 under export tariff, import tariff by the Ministry of Finance issued, must meet the quality criteria consistent with the standards, technical quality standards of imported salt respectively stipulated in article 4 and annex I attached to this circular.
Article 6. The method of quality control of salt import and test sample, save the template 1. The method of quality control of imported salt: apply tight test method about the quality of imported salt. All shipments of imported salt is checked, reviews about the quality when importing.
2. Take a sample test and save the form: a) When a shipment of salt reached the gate, the imported contact customs entry gate to customs procedures, sampling of salt prescribed in point b, item 2 article 6 of this circular and putting merchandise on warehouse maintenance prescribed by the customs.
b) representative sample of shipments of imported salt is retrieved by the method of random grab, the witness of representatives the Customs gate to enter and is divided into 3 sections: 1 prototype; 1 model agency in check; and 1 imported model. The number of each model 200 grams maximum, minimum 500 grams is enough to test the targets need to check under the rules. Salt samples in boxes or sealed plastic bottles stuck with the number of the seal of the customs. Represents the import and customs set up a sampling of imported salt according to the form prescribed in annex IV attached to this circular.
c) within a period not exceeding 3 (three) working days, the importer must be delivered for testing prototype standard VILAS area. The requirement specification analysis for model test of a shipment of salt imported is specified in Appendix V attached to this circular. The cost of sampling and testing of sample quality salt imported by the importer.
d) time saved templates in Agency and who imports within 90 days from the date of notification test results to check the quality of imported salt.
Chapter II content, TESTING PROCEDURES and PROCESS the RESULTS of QUALITY INSPECTION of IMPORTED SALT article 7. Content check compliance testing according to the following: 1. check the adequacy of your registered profile to check the quality of imported salt as specified in article 8 of this circular.
2. check the fit between the model and the test results of samples of imported salt shipment to registered profile content to check the quality of imported salt, salt imported quality requirements correspond to the provisions in article 4 and annex I attached to this circular.
3. The organization re-evaluate the quality of imported salt shipment when there are complaints, accusations of quality for the shipment of imported salt.
Article 8. The registration profile to check the quality of imported salt importers Who submit 1 (one) record registration test the quality of salt imported directly or via post to examine the provisions in article 11 of this circular, records are: 1. quality inspection certificate of imported salt according to the form prescribed in annex III attached to this circular.
2. A copy of the following documents: a) the contract for the sale of goods (as a Vietnamese or English version, if another language is the importer must submit a translated into Vietnamese and responsible before the law for content translations);
b) Bill;
c) category of goods;
d) certificate of origin of goods;
DD) invoices;
e) declarations of imported goods;
g) importing under tariff quotas (if available);
3. certified copies: free circulation certificate (abbreviated as CFS) for table salt by the competent authority of the country of export levels as defined in the circular 63/2009/TT-BNNPTNT November 1, 2010 by the Minister of agriculture and rural development working instructions prescribed certificate of free circulation for products , export and import merchandise are the responsibility of the State management of the Ministry of agriculture and rural development.
4. the following papers: a) the minutes of sampling according to form prescribed in annex IV attached to this circular and imported salt form as defined in point a of Paragraph 2 article 6 of this circular;
b) test results of samples of imported salt by standard testing room VILAS area level according to the form prescribed in Appendix VI attached to this circular.
Article 9. Procedures for quality control of imported salt 1. Inspection Agency to receive and examine the adequacy of the registration records check the quality of the imported salt. Within a period of 1 (one) working day from the date of receiving the application, the Agency examined the reply about the validity of the profile and confirm in the "quality inspection certificate of imported salt" in the form prescribed in annex III attached to this circular. In it, the Agency checked to confirm the full profile or confirm the missing profile component and the additional responsibility of importing enough records within 10 (ten) working days.
2. where the import not enough additional profile, check the Agency processed according to the provisions of item 2 article 10 of this circular.
3. in case of the full profile: within 2 (two) working days from the date of receiving the registration application, the quality control checking exercise control according to the content prescribed in clause 2 article 7 of this circular and out to "reporting results of imported salt quality control" as follows : a sample of cases) the shipment of imported salt content fit the profile registration and test results of samples of imported salt meets quality requirements of imported salt respectively specified in article 4 and annex I attached to this circular, the Agency checked out "announced results check the quality of imported salt" confirm the shipment meet the requirements the quality of imported salt according to the form prescribed in annex II attached to this circular, sent to the importer and the Customs to do customs for shipment.

b) sample shipment case salt import does not match the content of the registration records or test results of samples of salt imported do not meet required quality of imported salt respectively specified in article 4 and annex I attached to this circular, the Agency checked out "announced results check the quality of imported salt" confirm shipments not meeting the quality requirements according to the form prescribed in annex II attached to this circular, which clearly states that the content does not meet the requirements, send to the person who imports and customs.
4. how to pay results: according to the request of the importer, pay direct results in compliance with the provisions of article 11 or send by post to the person who imports, the cost of sending mail due to import people charged.
5. shipment of imported salt conditions are allowed to put into production or circulation on the market: a) the customs authority only to complete the customs clearance for the shipment when the Agency checked the provisions of article 11 of this circular "announced results check the quality of imported salt" confirm the shipment meet the quality requirements of imported salt according to the form prescribed in Subsection Continental II attached to this circular.
b) Who imports are responsible for preserving the goods according to the Customs Agency's rules until the Agency has "announced results check the quality of imported salt" confirm the shipment meets the required quality of salt import and customs clearance on the Declaration of import goods new, are allowed to put salt on production or circulation on the market.
Article 10. Measures to handle a shipment of salt imported do not meet quality requirements 1. The case of the test results of samples of imported salt does not match the content of the registration documents or request the corresponding import salt quality provisions in article 4 and annex I attached to this circular, within a period of 2 (two) working days from the date of the "reporting results of imported salt quality control" , the import may send text proposed standard test room VILAS area made of quality tested samples of imported salt which people import are saved. The result of this test is to check the Agency handles, the final conclusion. The cost of testing by the imports.
2. where the import not enough additional records in the time prescribed in clause 1 9 of this circular and do not clearly explain the causes with the Agency, within 3 (three) working days from the date of expiry of the additional profile, the Agency will not conduct inspections to check the quality of imported salt.
3. where there are complaints, accusations in process quality control of imported salt, body check conducted sampling for testing again the quality of imported salt shipment. The cost of sampling and testing the quality of imported salt again by the Agency and are arranged in the estimation of funding activities of the Agency. Test results back to the quality of imported salt by standard testing room VILAS area level is the legal base to test the Agency handles, the final conclusion.
The case of the test results back to the quality of imported salt for salt shipment imported do not match the quality of imported salt requirements correspond to the provisions in article 4 and annex I attached to this circular, the importer must refund the costs of sampling and testing the quality of imported salt samples back to the test.
4. Depending on the level of, violations of the provisions of this circular, the importer must be sanctioned administrative offense and make the remedy as re-export or recycling salt shipment imported under the provisions of Decree No. 80/2013/ND-CP dated 19/7/2013 of government regulation on sanctioning administrative violations in the field of standards measurement, and quality of products, commodities.
Chapter III the RESPONSIBILITIES and POWERS of the INSTITUTIONS and individuals CONCERNED article 11. The Agency examined the Department of agriculture and rural development of the province, the city of centrally directed, tasked for the rural development Bureau made the inspection, monitoring for goods imported salt of the importation under the provisions of this circular.
1. Accountability: a) to perform quality control on imported salt management, guarantee the accuracy, truthfulness, objectivity when checking and information security of the imported under the provisions of the law;
b) receiving registration documents to check the quality of imported salt; quality inspection organization of salt imported in accordance with the provisions of this circular; notice of results of quality inspection of imported salt; responsible for quality control results of salt;
c) to receive and to resolve promptly, correctly regulated when there are complaints, accusations in process quality control of imported salt;
d) in coordination with the Customs supervise the import of preserving the status quo until shipment inspection agency has "announced results check the quality of imported salt" confirm the shipment meets the required quality of salt imported under the provisions of the circular;
full archives) record check; Quarterly, 6 months, in a report the Ministry of agriculture and rural development (through the Department of agricultural, forestry and aquatic products and salt) quality control result of salt imported according to the form prescribed in annex VII of this circular.
2. Powers: a) requires that the imports provide the information and documents related to shipments of salt to serve to check the quality of imported salt;
b) petitioning the Department of agriculture and rural development for the infringement processing import not done properly the provisions on quality control of imported salt;
c) requires the import of conducting measures to handle the shipment does not meet the quality requirements as defined in paragraph 4 of article 10 of this circular; monitoring the handling and processing of results.
Article 12. Organizations and individuals importing salt 1. Obligation: a) register and implement regulations on imported salt quality control under the provisions of this circular;
b) to preserve the status quo of the shipment as specified in section b, paragraph 5 article 9 of this circular;
c) Executive decided to treat administrative violations (if any) and under the supervision of the competent authority;
d) payments of the costs of sampling, testing the quality of imported salt according to the current rules and the actual expenses in processing the shipment did not meet required quality of imported salt.
2. Benefits: a) Is the choice of standard test room VILAS area to test the quality of salt;
b) recommended the Agency reviewed test results or request re-examined;
c) Was right to complain, report any misconduct by the Agency inspection, testing rooms according to the provisions of the law on complaints and denunciation.
Article 13. Standard test room VILAS area 1. Obligation: a) compliance test process quality of imported salt, ensure the capacity of personnel, test equipment and information security of the imported under the provisions of the law;
b) Charged test results on time for check in and the import. Ensure accurate test results, objective and responsible test results;
c) compensated for the material imported for the consequences due to the flaws in his experimental work performed according to the current regulations;
d) recordkeeping, the documentation related to the activity of testing rules and when the competent authority required;
DD) observance of the obligations under the provisions of the law on product quality, the goods.
2. Benefits: a) test fee according to the current rules;
b) refuse to provide information regarding test results to third parties, except with the competent State agency requirements.
Chapter IV article 14 ENFORCEMENT TERMS. Transitional provisions continue to apply the provisions in circular No. 60/2011/TT-BNNPTNT on 9/9/2011 of the Minister of agriculture and rural development guide check the quality of imported salt and circular No. 68/2009/TT-BNNPTNT on 20/10/2011 of the Minister of agriculture and rural development modification Supplement, replace some of the content of the circular No. 60/2011/TT-BNNPTNT on 9/9/2011 of the Minister of agriculture and rural development guide check the quality of imported salt for salt import shipments have contracted imports and meet one of the following conditions : 1. Have lined up transportation, has on line items on a single transport (for transport by sea, rail, road) or on goods arriving at the gate (for goods transported by road) before the date of this circular effect.
2. Opened the letter of credit (L/C) or have proof of payment before the date this circular effect.
Article 15. Effective enforcement of this circular are effective since January 1, 2015 replace circular No. 60/2011/TT-BNNPTNT on 9/9/2011 of the Minister of agriculture and rural development guide check the quality of imported salt and circular No. 68/2009/TT-BNNPTNT on 20/10/2011 of the Minister of agriculture and rural development modification Supplement, replace some of the content of the circular No. 60/2011/TT-BNNPTNT on 9/9/2011 of the Minister of agriculture and rural development guide check the quality of imported salt.
Article 16. Implementation 1. The Department of agricultural, forestry and aquatic products and salt: a) directs the quality check for salt; guide the work of quality control of imported salt; active monitoring of the local agency in checking the quality of imported salt in the scope of the governance of the Ministry of agriculture and rural development.
b) synthesis report the Ministry of agriculture and rural development of quality test results of salt imports.
2. The Department of agriculture and rural development of the province, central cities: a) directed, tasked for the rural development Bureau made the inspection, monitoring for goods imported salt of the person importing the management according to the provisions of this circular;

b) processed under the jurisdiction of cases of salt imported do not meet quality requirements (if any) prescribed by law;
c) advised provincial people's Committee, the city of centrally arranged funding to perform quality control on imported salt management according to the provisions of this circular.
3. in the implementation process, if there are obstacles suggest that the agencies, organizations, personal reflections in time of Ministry of agriculture and rural development (through the Department of agricultural, forestry and aquatic products and salt) to review, amend, Supplement accordingly./.