Circular 44/2013/ttlt-Bct-Bkhcn: Regulations On The Management Of The Quality Of Steel Produced Domestically And Imported Steel

Original Language Title: Thông tư liên tịch 44/2013/TTLT-BCT-BKHCN: Quy định về quản lý chất lượng thép sản xuất trong nước và thép nhập khẩu

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MINISTRY OF JUSTICE-MINISTRY OF SCIENCE AND TECHNOLOGY
Number: 44 /2013/TTLT-BCT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 31, 2013

FEDERAL INFORMATION

Regulations on the management of steel production in water and imported steel

_____________________

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

Base of Protocol 20 /2013/ND-CP 26 February 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Science and Technology;

Standard Law School and Technical Regulation June 29, 2006;

The Product Quality Law Base, which was manufactured on November 21, 2007;

Base of Protocol 127 /2007/ND-CP August 1, 2007 of the Government Regulation the implementation of some of the provisions of the Standards Law and Technical Regulation;

Base of Protocol 132 /2008/NĐ-CP December 31, 2008 of the Government Regulation details some of the provisions of the Law Quality Law, commodities; and

Minister of Industry and Minister of Science and Technology of the Ministry of Science and Technology issued a regulatory of regulations on the management of manufacturing steel quality in the country and imported steel as follows:

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information regulates quality management for domestic and imported steel for use in the water under the HS code stated at this Annex I.

Export steel, restarting reentry steel, transit, non-regulation of this information.

2. This information applies to:

a) The organizations, individuals who produce, import and use steel;

b) State management agencies on the quality of steel;

c) The organizations evaluate the designated consignor;

d) The agencies, organizations, other individuals involved.

What? 2. Explain the word

1. Assessing the appropriate is the determination of steel in accordance with the specification of the specification and the requirements for regulatory management in the corresponding standard or the corresponding technical standard.

2. Appropriate certification with standard (Certificate certification) is the confirmation of steel in accordance with the corresponding standard.

3. Appropriate certification with technical regulation (A valid certificate) is the confirmation of steel in accordance with the corresponding technical standard.

4. The publication is consistent with the standard (Standard publication) is the organization, the individual self-publication of steel in accordance with the corresponding standard.

5. The publication is consistent with the technical standard (Public statement) is the organization, the individual self-publication of steel in accordance with the corresponding technical standard.

6. I do. is the confirmation of the test room, the calibration room, the organization that recognizes the suitability, the organization that monitors the capacity that is consistent with the corresponding standards.

7. Acknowledging the outcome assessment is that the state agency has jurisdiction, organization, individuals operating in Vietnam to accept the outcome of evaluation by the organization assessing the suitactions of the country, the other territory.

8. Testing organization. is the technical organization that performs the specification of steel according to a specified process.

9. The organization evaluated the match. is the organization that conducts testing, monitoring, testing, certification, certification of the right of steel in accordance with the standard published standard, the corresponding technical standard.

10. Define is the consideration of the suitency of steel compared to the contract or the standard of applicable publication, the corresponding technical regulation by observing and evaluating the results of measurement, testing.

11. Batch of goods is the amount of steel that is defined in numbers, with the same name, marks, trademarks, type types, technical properties, of the same production facility and belonging to the same imported kit.

Chapter II

STEEL QUALITY ASSURANCE REGULATION

What? 3. The conditions of ensuring the quality of steel produced in the country

1. Organization, the individual manufacturer of steel in the country must publish the product in accordance with the corresponding national technical regulation by regulation at No. 1. 28 /2012/TT-BKHCN December 12, 2012 of the Minister of Science and Technology Regulation on the standard publication, the contract publication and the method of assessing the right to the standard, technical rule.

2. The case has yet to have a national technical standard (QCVN), organization, individual steel producing steel in the country with a responsibility to publish the applicable standard (base standards, national standards of Vietnam (TCVN), national standards of countries, national standards and international standards. The regional standard for the product, the goods.

3. The labeling of goods made by regulation at the Digital Protocol 89 /2006/NĐ-CP August 30, 2006 of the Government on Commodity Labels, Digital News 09 /2007/TT-BKHCN April 6, 2007 of the Minister of Science and Technology Guide to some of the provisions of the Decree. 89 /2006/NĐ-CP and Digital News 14 /2007/TT-BKHCN July 25, 2007 by the Minister of Science and Technology on the Supplements of Digital Information. 09 /2007/TT-BKHCN.

4. The specialty base of each type of steel, the Ministry of Commerce enacted the national technical standard on the production process. The organization, the individual manufacturer of steel in the country, is responsible for applying this national technical standard. The certification for the certification organization is specified.

What? 4. Conditions of ensuring imported steel quality

1. Organization, individuals importing steel must publish standard applicable standards (base standards, national standards of Vietnam (TCVN), national standards of countries, international standards, regional standards) for goods in the import contract.

2. The imported steel must be evaluated in accordance with the organization that evaluated the appropriate designation in accordance with Article 5 of this Information.

What? 5. The organization to evaluate the match

1. Testing, monitoring, certification, certification of the quality of steel produced in the country, imported steel specified in the Appendix I This is due to the organization of testing, organization of the organization, the certification organization is designated.

2. Ministry of Commerce designated the organization of the test of steel quality, namely:

a) For the testing organization in the country: The sequence, the specified procedure is made as specified in the Digital Information. 09 /2009/TT-BKHCN April 8, 2009 by the Minister of Science and Technology Guide to the request, sequence, procedure designation organization assessment of the match and the Digital Information. 11 /2011/TT-BKHCN June 30, 2011 by the Minister of Science and Technology Amendment, complements some of the provisions of the Digital Information Digital Information. 09 /2009/TT-BKHCN;

b) For the organization of foreign testing: Implemability assessment of the actual experimental capacity of the testing organization abroad according to the sequence, the procedure stipulated at the Digital Information Information. 26 /2013/TT-BKHCN November 15, 2013 by the Minister of Science and Technology (Digital Information). 26 /2013/TT-BKHCN ) or do the acknowledgation of the test results of the test organization abroad based on the Agreement or the Agreement acknowledging each other on the outcome assessment outcome.

3. The Ministry of Science and Technology designated the organization of the organization, the organization certification of steel quality. The requirement, the sequence, the procedure to specify the organization of the organization, the certification organization is done according to the regulation at the Digital Information 09 /2009/TT-BKHCN April 8, 2009 and Digital News 11 /2011/TT-BKHCN June 30, 2011 by the Minister of Science and Technology Amendment, complements some of the provisions of the Digital Information Digital Information. 09 /2009/TT-BKHCN.

4. Required for the test organization are designated.

a) To the test organization in water:

-Has registered the field of prescribed trial activity at Digital Information. 08 /2009/TT-BKHCN April 8, 2009 by the Minister of Science and Technology Guide to the Requirements, Sequence, Procedure of the Appropriate Assessment of the Appropriate Assessment, Digital Information. 10 /2011/TT-BKHCN June 30, 2011, of the Minister of Science and Technology on the amendment, complements some of the provisions of the Information Information. 08 /2009/TT-BKHCN;

-Build, apply and maintain the quality management system effect on the testing room according to the national standard TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005 international standard;

b) For the organization of foreign testing: Meet the requirements for regulation at Article 6 Digital Information 26 /2013/TT-BKHCN . '

Chapter III

TEST, ASSESS THE QUALITY OF STEEL QUALITY

What? 6. The sequence, procedure and examination content, evaluate the quality of steel quality.

1. The inspection, evaluation of the suitcase of the quality of steel produced in the country is done according to the regulation of the law on the quality of the product, commodity, and the contents of this Article 3.

2. The inspection, evaluating the suitcase of imported steel quality is done in the form of checks at the source or assessment of the suitcase in the cargo batch.

3. The method, which examines the quality of imported steel at the source.

a) The examination of the quality of steel imported at the source (in export water) was presided over by the Ministry of Commerce. The Ministry of Trade in the Ministry of Commerce has a component of: representatives of the Ministry of Industry (2 persons), Ministry of Science and Technology (01), the organization for the appropriate assessment (1 persons). After the inspection, the inspection team was responsible for reporting the results of the inspection of the imported steel quality on the Department of Science and Technology (Ministry of Commerce) to do the review, decision-making, reduction of inspection in the 03-year period. In the duration of the validity of the long-term decision, the reduction of the test, will conduct the probability test according to the cargo batch.

The cost for the inspection at the source due to the organization, the individual imports the steel paid; the degree is done by regulation at Digital. 102 /2012/TT- BTC June 21, 2012 of the Ministry of Finance;

b) The Customs Agency enters the decision as long as it reduces the steel quality of the Ministry of Commerce to do the procedure. For the specified steel at this Annex II This Smart, the organization, the individual imported steel must add the following papers:

-Target registration, confirmed production capacity of the Ministry of Commerce (the case of organization, the individual who imports steel simultaneously is the user of steel). The procedure, capacity validation procedure, the target of the use of steel is specified at this Annex II.

-Contract for sale or authorization to import with the user (the institution of the organization, the individual who imports steel is not the use of steel).

4. Method, content assessment of the quality of imported steel quality by shipment of goods

a) The profile assessment of the suitcase for imported steel includes:

-The registration paper evaluated the appropriate quality of imported steel quality: 1 copy (prescribed by this Annex III);

-Contract import contract (Contract): 01 copies (which have the main medical copy of the organization, individual);

-Invoice (Invoice): 01 copies (the main medical copy of the organization, individual);

-The Bill of Lading: 01 copies (the main medical copy of the organization, the individual);

-An accompanying merchandise category (Packing list): 01 copies (which have the main medical copy of the organization, individual);

-The import of imported goods: 01 copies (the main medical copy of the organization, the individual);

-Certificate of Origin (C/O-Certificate of Origin) (if available): 01 copies (the main medical copy of the organization, individual);

-Images or a description of the goods; the imported goods label has been attached to a valid (if available) and sub-label (if the main label has not enough content by regulation): 01 (the main medical copy of the organization, the individual);

-The test results of the foreign test organization are either recognized or specified (if any).

b) The case has the appropriate test results of the applicable publication of the applicable foreign test organization or designated by the Ministry of Commerce the organization for the organization or the organization of the certification specified by the organization or organization. organization, individual imports of steel and acute certificate of mail or certificate for shipment;

c) The case has yet to have the test results of the foreign test organization admitted or designated by the Ministry of Commerce the organization for the organization or organization of the certification specified to carry out the registration of the organization's registration records, the individual importing the steel, retrieve the sample of the shipment for testing according to the standard publication of the corresponding application at the test organization designated by the Ministry of Commerce. For certain types of steel such as rolled steel, thick sheet, steel-shaped steel ..., organized, individual imported steel must be found in the contract for sale with the manufacturer about having an excess of steel to sample the test sample:

-If the test results are consistent, the organization provides the certification of the examiner for the shipment or the organization certification certification for the shipment.

-If the test results are not suitable, the organization for the organization or organization certification of a shipment notification of a shipment of the applicable public applies according to the applicable form of Annex IV.

d) The customs authority of the Customs Enforcement or certificate of shipment certificates for the procedure. For the specified steel at Appendix II This message must add the following papers:

-Target registration, confirmed production capacity of the Ministry of Commerce (the case of organization, the individual who imports steel simultaneously is the user of steel).

-Contract for sale or authorization to import with the user (the institution of the organization, the individual who imports steel is not the use of steel).

What? 7. Regulation for free, reduced steel quality test

1. For the steel product due to the same person produced in the volume next time does not exceed the average of 3 previous importers then after three consecutive quality tests, if the requirement is obtained, the test is reduced, and the test is only performed. If the shipment does not guarantee the quality, conduct the procedure, procedure procedure. The filing of the offer is free, reducing the import of imported steel quality to the Department of Science and Technology (Ministry of Commerce), including:

a) Free offer, quality test reduction;

b) Business registration certification: 01 copies (which have the main medical copy of the organization, individual);

c) Contract import contract: 01 copies (which have the main medical copy of the organization, individual);

d) Single (3 previous importation): 03 copies (the main medical copy of the organization, individual);

Certificate of quality: 1 copy (for example, the main medical copy of the organization, individual).

2. In the 10 (ten) days of work since the date received full and valid records, the Ministry of Commerce will review, respond to the exemption, reduce the import of imported steel quality.

Chapter IV

THE ORGANIZATION.

What? 8. Ministry of Commerce

1. designation, check, monitor the operation of the steel quality test organizations.

2. Planning an annual inspection of the quality of steel produced in water (including steel as concrete) and imported steel.

3. Host, in collaboration with the agencies involved in the formation of the imported steel quality inspection team at the source.

4. Host, in collaboration with the Ministry of Science and Technology, which oversees the operation of designated test organizations.

5. Modified, addition of the Catalogue of Standards and Technical Standards at Annex I and Catalogue of the steel types that must register for production capacity, demand, and target use of steel at Appendix II of this Smart.

6. Guide to organizations, individuals set up a request for free, reduce the import of imported steel quality.

What? 9. The responsibility of the Ministry of Science and Technology

1. The designation, inspection, monitor activity of the certification organizations, the organization that monitors the quality of steel.

2. Coordinate with the Ministry of Commerce for the Quality of Steel Production in Water and Imported Steel.

3. Host, in collaboration with the Ministry of Commerce, which oversees the operation of the certification organizations, the organization is designated by the Ministry of Science and Technology.

What? 10. Customs Agency responsibility

1. The Customs Agency is only concerned with the organization, the imported individual provides full of prescribed records at b point 3 and point 4 Article 6 This message.

2. The Director General of the Customs Service is responsible for monitoring, which statistics the import of steel imports of the Prescribed Portfolio at Appendix II This Private and quarterly, sent reports of the Ministry of Commerce.

What? 11. The responsibility of the Department of Commerce

1. Continue the registration of a valid publication for steel (minus steel as a concrete core).

2. Host, in collaboration with the Department of Science and Technology Management Technology in the province.

What? 12. The responsibility of the Department of Science and Technology

1. Continue the registration of a valid publication of the steel as a concrete plot.

2. Host, in collaboration with the Department of Steel the steel quality of steel as the concrete plot in the province.

What? 13. The organization ' s responsibility, personal production, import and use of steel

1. Organization, individual steel production individuals, organizations, individuals who import steel are responsible for prescribation, registration of production records, import of steel according to the regulations stated in this Information.

2. Organization, individuals who use the types of steel prescribed at this Smart II Annex (This Exhibit can be modified, supplematable by management requirements), annually must register to confirm production capacity, demand, and target used steel as raw materials for manufacturing and production. with the Ministry of Commerce (Heavy Industries) according to the prescribed form at this Annex II.

3. Organization, individuals who use the prescribed imported steel at Annex II of this Smart are only allowed to import or mandate imports with the amount of imported steel that does not exceed 150% of the use in the 1 year that the Ministry of Industry has confirmed. Every year, before 20 January the following year or in-demand, the organization, the individual who uses imported steel must report the Ministry of Commerce on the situation to use imported steel.

What? 14. The organization ' s responsibility evaluated the designated fit.

1. Practice the rights and obligations under the provisions of the Law Quality Law, the goods and regulations of the relevant law.

For the designated test organization, during the validity of the specified decision, it is required to participate in the test program to be proficiency, compare the interroom once.

2. Messages for the decision making the decision to specify only any changes that affect the capacity of the experimental, the examiner, the certificate that registered in the fifteen-day (15) days, since the date of the change.

3. The organization assessing the suitable consignor is responsible for aggregation, reporting results assessing the appropriate quarterly, 6-month period (before 15 July), annually (before 15 January the following year), or the required breakthroughs. The report sent on the Department of Science and Technology (Ministry of Commerce) and the General Directorate of Measures and Quality (Ministry of Science and Technology).

Chapter V.

EXECUTION CLAUSE

What? 15.

It has been in effect since 1 June 2014.

What? 16.

1. organizations, individuals who produce, import, use steel; steel quality management agencies; certification organizations, test organizations, designated organizations, and organizations, individuals who are involved in the responsibility of this private practice.

2. The case of the standards, the legal rule of law that is invoked in this message is modified, added or replaced by the new text.

3. In the deployment process, if there is difficulty, entanged, recommend agencies, organizations, individuals in time to reflect on the Ministry of Commerce, the Ministry of Science and Technology to have a revised, complementary ./.

KT. MINISTER OF COMMERCE
Chief.

KT. MINISTER OF SCIENCE AND TECHNOLOGY
Chief.

(signed)

(signed)

Quang Yang Quang

Vietnam Chen.