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Circular 27/2012/tt-Bkhcn: Regulating The State Inspection On Quality Goods Are The Responsibility Of Management Of The Ministry Of Science And Technology

Original Language Title: Thông tư 27/2012/TT-BKHCN: Quy định việc kiểm tra nhà nước về chất lượng hàng hóa nhập khẩu thuộc trách nhiệm quản lý của Bộ Khoa Học và Công Nghệ

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SCIENCE AND TECHNOLOGY
Number: 27 /2012/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 12 December 2012

IT ' S SMART

Regulation of the state examination of the quality of imported goods is responsible for the management of the Ministry of Science and Technology

________________________

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

Base of Protocol 132 /2008/NĐ-CP December 31, 2008, of the Government Regulation of the Blueprint of certain provisions of the Law Quality Law, goods;

Base of Protocol 89 /2006/NĐ-CP August 30, 2006 of the Government on the label of goods;

Base of Protocol 28 /2008/NĐ-CP March 14, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Science and Technology;

The Minister of Science and Technology regulates the state examination of the quality of imported goods in the responsibility of management of the Ministry of Science and Technology.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information regulates the content, sequence, state inspection procedure of the quality of imported goods (later called the import of imported goods quality) of the management responsibility of the Ministry of Science and Technology Regulation at Clause 4 Article 69 Law. Product quality, commodity.

2. This information applies to the agencies performing state management functions on the quality of products, goods; organizations, individuals importing goods (later known collectively as the importer); organizations, individuals involved in the examination of the quality of their products and their products. imports of imported goods are in the management of the Ministry of Science and Technology.

What? 2. The Test Subject

1. Goods imported into Vietnam of the category of goods that are capable of loss of safety (below call for Group 2 commodity category).

For goods that are not part of the category 2 category of goods imported into Vietnam there is the potential to cause safety or cargo to be potentially unsafe according to warning information from international organizations, regions, foreign countries, which can apply to an inspection. Come on.

2. This information does not apply to imported goods as personal luggage, foreign goods, fair trade shows, gifts; goods, temporary equipment supplies-re-export; goods from the export store; goods from Vietnam. Male workers for foreign traders; imported machinery that serve investment projects; goods in defense of defense, national secrecy, nuclear radiation safety, and other types of goods that are not aimed at their own business. The law.

What? 3. Test base

The quality of the quality of goods is the standard of engineering, the standard of publication applicable to goods, regulation of goods labels, and other provisions of the law.

What? 4. Explain the word

In this Information, the words below are understood as follows:

1. The shipment is a collection of a certain type of goods identified in quantity, with the same name, use, branding, type, specification, of the same production facility and belonging to the same imported kit.

2. The inspection agency is that the agencies are assigned, devolve to the task of carrying out the state management duties on the quality of the product, the goods responsible for the management of the Ministry of Science and Technology:

a) The Department of Product Quality Management, the goods of the General Directorate of Standards Measures Quality;

b) Standard of the Provincial Quality Measure, the Central City of the Central City has a store or has an import checkpoint on the management site.

3. Quality Certificate includes:

a) A valid certificate for the product, the goods in accordance with the corresponding technical standard in the statute of validity, granted by the organization of the certificate specified or acknowledged;

b) The quality certificate, the quality of the quality of the shipment in accordance with the technical standard, the standard of publication applies to the corresponding goods, issued by the certification organization or the designated organization, or acknowledged;

c) The regulatory system certification for the product, the goods have a requirement for the management system.

What? 5. The quality of quality for imported goods is adopted.

1. The imported goods belonging to the state test subject state of the quality are only concerned when the regulatory inspection at Clause 2 Article 4 of this Information Notice the result of a state test results on the quality of imported goods that meet the quality requirements. (in Form 3. TBKQKT-The appendix with this message.

2. The case of imported goods provided by the Customs authority to temporarily pass, check out the following quality, the Customs agency only gives temporary information after the importer of goods registered a state check on the quality of goods imported from the country. It was in the test agency. KKT-The appendix with this message. After being temporarily passed, the importers must contact the inspection agency to carry out the inspection of the quality of imported goods according to regulation at this level. The Customs Service only does the formal formal procedure when the goods meet the requirements at Clause 1 Article.

The case of imported goods issued by the Customs authority allows temporary access to the following quality, the following quality checks are not allowed to put that goods into circulation in the market if it has not completed the audit of imported goods. according to the regulations on this message.

What? 6. Check out the import of imported goods

1. The registration file for the import of imported goods (01 sets) consists of:

a) Paper "Subsecretary of State examination of the quality of imported goods" (04 copies, according to Template 1. KKT-The appendix with this message.

b) Copy of the following papers: Contract ( Contract ), Catalogue of goods (if available) attached ( Packing list ).

c) One or more of a copy of the quality certificate (primary publishing to the object, except for the case of a copy of the certificate) or the main copy.

d) Other documents are related; Copy (there is confirmation of the imported person) the single ( Bill of Lading ); bill ( Invoice ); the export of goods imported; certificate of origin ( C/O-Certificate of Origin ) (if any); photos or descriptions of the goods; the imported goods label has been associated with a contract and sub-label (if the main label is not sufficiently content by regulation); the CFS free circulation certificate (if any).

2. The importers must be responsible for the validity, the legalization of the registration filing of the import of imported goods.

Chapter II

CONTENT, SEQUENCE, TEST PROCEDURE

What? 7. Test Content

The test agency conducts testing according to the following contents:

1. Check the full calculation of the registration profile of the import of imported goods according to the regulation at Article 6 of this Information.

2. Check out the appropriate assessment of the match, the combination mark, the goods label (for the goods must be labeled) and the product accompanying the product, the goods need to check:

a) Check out the suitcases of the quality certificate content of the imported shipment relative to the requirements of the technical standard, the standard of applicable publication and current regulations; correct and synchrony testing of the information of the application register. quantity;

b) Check out the required content on the label pattern (and sub-label) including the name of the goods, the address name of the individual organization responsible for the goods; the origin of the goods and other content specified for each type of goods; the suitcase of the label sample. batch import file;

c) Check out the location, color, size, and presentation language of the label;

d) Check for the display of a contract stamp presented directly on the product, goods or on the packaging or label attached to the product, the goods.

3. A written approval of the approved text by the Ministry of Science and Technology for the imported goods of the Group 2 cargo category bearing the new property capable of causing loss of safety that has not been specified in the corresponding technical standard.

What? 8. The sequence, procedure and processing during examination

The test agency conducts testing and handles the process of testing in the following steps:

1. Continue registration of the imported user's quality (according to Template 2. TNHS-The appendix that comes with this message); into the register and sign the name, stamp the registration of the imported user's quality.

2. Progress check in audit content:

a) The case of full and consistent case case: In the 3-day period of work since the date of the reception of the quality examination registration record, the inspection agency must release the state test results Notice of the quality of imported goods that meet the quality requirement (in accordance with) Sample 3. TBKQKT-The appendix with this message), sent to the importer to make the information procedure for the shipment;

b) The case case is full but not suitable, the examination authority is as follows:

The case of the goods did not meet the label requirement, the agency that checked out the results of the state inspection results on the quality of imported goods that did not meet the quality requirement (according to Form 3. TBKQKT-The appendix accompanying this message), in the announcement stating that the content does not require a request to the importer, and requires the importer to correct the goods label for the duration of no more than 10 working days. The audit agency only issued a batch of imported shipments that meet the quality requirement when the porter has a proof of recituation, the quality certificate of the shipment.

The case of import goods with a certificate of quality is not consistent with the record of the import shipment or certificate of quality that is not consistent with the applicable standard of public adoption, the corresponding technical regulation, the inspection agency reported the results of the home examination. Water about the quality of imported goods does not meet the quality requirement (according to Form 3. TBKQKT-The appendix with this message), in the announcement stating that the content does not require a request to the Customs and the importers. At the same time the agency reports the superior management (in Form 4. BCKCL-The appendix accompanying this message) to handle the prescribed jurisdiction at points a, b, c paragraph 2 Article 8 The number 132 /2008/NĐ-CP December 31, 2008, the government regulates the implementation of the provisions of the Law Quality Law.

c) The case case is incomplete: The inspection agency confirms the missing file categories in the case reception and requires additional importers, fining the case in a 25-day period of work. In the case of the above term, which has not yet added enough records, the importers must have a document that sends the examination body to specify the reason and the time is complete. Further tests are made only after the fully qualified importer.

The case of an importer is not fully finalised in the prescribed period of time, for the 3-day period of time, from the expiration date of the expiration date, the filing, the inspection agency announced the results of the state examination of the quality of imported goods. (in Form 3. TBKQKT-The appendix accompanying this message), in the announcement stating "The shipment does not fully complete the file" sent to the importer and the customs authority simultaneously presiding, coordination of the relevant inspection agency conducted the state examination of the quality of goods. It ' s at the importers ' base.

3. When checking the case, the detection of imported goods must be checked in accordance with the specified content at Clap 1, paragraph 2 Article 9 of this Information is in the 3-day period of work since the date of the reception of the quality examination. Notice the state test results on the quality of imported goods (according to Form 3. TBKQKT-The appendix to this message), in the announcement stating that the contents need to continue to check for the importers, and proceed with the regulation according to the specified content at paragraph 1, paragraph 2 Article 9 of this Information. The results are processed as follows:

a) The resulting case assessing the suitcases of the suitcases of imported goods in accordance with the applicable publication standard, the corresponding technical regulation is executed by regulation at the point of paragraph 2 This Article;

b) The resulting case assessing the suitcases of the import of imported goods does not conform to the applicable publication standard, the corresponding technical regulation is executed by regulation at point b 2 This.

What? 9. Apply Test enhancing measure

1. Goods importing goods on the market does not guarantee the quality, the test agency applies the measure of increased import checks on that type of goods. In addition to the import of imported goods must be checked in accordance with the prescribed content at Article 7 and the prescribed procedure in accordance with Article 8 of this Smart, when there is a request from the inspection agency, the importer of that type of goods must carry out the certificate or Appropriate compliance with the import shipment at the organization that evaluated the specified fit. The cost of certification or supervision is paid by the importer of the organization.

2. For imported goods that have a complaint, denounce or have doubts about the appropriate assessment results, in addition to the implementation of the regulatory content inspection at Article 7 and the prescribed test sequence at Article 8 of this Information, the inspection agency conducted a review. sample to test for that commodity in accordance with the following regulations:

a) The standard base for testing or technical regulation, which is the standard for which to be applied to goods, the test agency that takes the sample of imported goods in a random sampling method with sufficient quantities to test the instructions for testing;

b) The form of goods after the order is to be sealed (stamps sealed by Form 5b. TNPM-the appendix accompanying the profile) and set a sample of the goods (according to the Model 5a. BBLM-the appendix to this message;

c) The form of goods must be sent to the testing organization specified for testing. The test results of the test organization were designated as the legal base for the examination of the processing to the test process.

d) In the 3-day deadline since the date of the sample test results date, the test agency sends the sample test results to the person to enter, perform the responsibility, the obligation stipulate at the point 2 and Clause 3 This.

) The cost of sampling the goods and testing is as follows:

Sample and testing costs to test the quality of imported goods prescribed at paragraph 2 This is paid by the inspection agency. Sampling and testing costs are arranged in the operational funding of the test agency.

Case of test results show that imported goods do not conform to the standard of applicable publication, the corresponding technical regulation, and the importers must pay the cost of sampling and testing the goods for the test agency.

The case of a complaint, denouncing, if the test results showed that the appropriate import goods applied to the applicable publication, the corresponding technical regulation, the accuser, the prosecution had to pay the cost of sampling and the testing of the goods to the test agency.

3. The case of the importer is not unanimous with the prescribed sample test results at the point c 2 This is in the 2 day period of work since the date of receiving the sample test results, the importer may offer a written offer to the test agency. The test again for the sample saved in another designated test organization. The result of this consistent evaluation was the basis for the examination of the examination, the final conclusion. The cost of assessing the suitcase is paid by the importer.

4. Breakout or periodically a 6-month period, the inspection agency, in coordination with the relevant agencies conducting a state examination of the quality of goods at the base of importing goods of the importer. The specified audit content sequence at the Digital Information 26 /2012/TT-BKHCN December 12, 2012 of the Minister of Science and Technology regulates the state inspection of the quality of goods circulating in the market.

What? 10. State inspection fee for quality

State of the state inspection fee on the quality of imported goods made by regulation at the Digital Information 231 /2009/TT-BTC December 19, 2009, by the Minister of Finance on December 19, 2009, the Ministry of Finance regulates the revenue, filing, and management of the fee used in the field of quality measurement standards.

Chapter III

THE ORGANIZATION.

What? 11. The responsibility of the General Directorate of Quality Measures

1. Career guidance, the operational examination of the designated appropriate evaluation organizations, the test agencies in the testing of imported goods within the management range of the Ministry of Science and Technology.

2. Directed, handle cases of imported goods that do not meet quality requirements due to the Department of Product Quality Management, report goods. The case of excess authority reported the Ministry of Science and Technology to review, the decision.

What? 12. The responsibility of the Department of Product Quality Management, the goods of the General Directorate of Quality Measures

1. The organization that performs a quality test for imported goods is gasoline, biofuels, biofuels and other types of goods under the direction of the Quality of Quality Measures Standards. Treatment under the jurisdiction of the law of the quality of the product, the goods.

2. As the lead to the reception, the processing of information, reporting from the inspection agencies in the Central, the provinces, the city to synthesize the General Directorate for the Quality of Science reporting the Ministry of Science and Technology Technology and the results of the import of imported goods. (Model 6. BC-The appendix is accompanied by this message.

What? 13. The responsibility of the Department of Science and Technology

1. Directed by, the treatment under the authority of imported goods cases does not meet the quality requirement due to the Criterion Quality Measurement Criteria. The case exceeds the authority to report the Provincial People's Committee to review, decide.

2. The combined report of the Provincial People ' s Commission, the Ministry of Science and Technology (Directorate of Quality Measuring Standards) of the situation and the results of examining the quality of imported goods on the province by a six-month period, a year. The deadline to submit the report before the 15th of the last month of the report.

What? 14. The responsibility of the Quality Measures Standards

1. The organization makes a quality check on the goods (excluding the prescribed goods at paragraph 1 Article 12) at the stores on the site. Treatment under the jurisdiction of the law of the quality of the product, the goods.

2. Report of the Department of Science and Technology and the results of examining the quality of imported goods on the provincial table (according to Form 6. BC-The appendix is accompanied by this message.

What? 15. The organization ' s responsibility to assess the suitability required

1. Provide the results that evaluate the suitcase for the inspection body and the porter during the specified time.

2. Coordinate with the inspection agency when there is a request regarding the suitable assessment of the imported goods.

3. Accept other obligations under the rule of law on the quality of products, goods.

What? 16. Responsible stakeholders in the processing of imported goods do not meet the quality requirements.

1. The imported person is responsible:

a) Subscription and implementation of the regulation of the import of imported goods for imported goods in the group 2 or when required by the inspection agency; perform the requirements of the inspection agency when applying for increased test measures;

b) Make the requirements of the authority with the authority to decide whether to re-export or destroy to the goods forced to re-export or destroy.

For a recycled shipment, the importer is responsible for recycling and carrying out the state examination of the post-recycling quality.

c) Accusing other obligations under the rule of law on the quality of products, goods.

2. The audit agency is responsible:

a) For imported goods whose quality is not in accordance with the standard of applicable publication, the corresponding technical regulation, if required to apply a re-entry or to force the destruction of that cargo, the agency checks the case of a violation of the case. the quality for the customs agency where the organization, the individual opens the customs post as the procedure of being imported for treatment under jurisdiction;

b) For imported goods whose quality is not in accordance with applicable public standards, the corresponding technical regulation, if it must apply recycling treatment then the importer proposes a recycling method for the agency to examine the licensing of the licensing agency. on the decision to process. The test agency conducted a state examination of the post-recycling quality.

Laughter. IV

EXECUTION CLAUSE

What? 17.

1. This information has been in effect since January 27, 2013 and replaces the Digital Digital. 17 /2009/TT-BKHCN June 18, 2009 by the Minister of Science and Technology Guide to the State of the State for the Quality of Imported Goods in the management of the Ministry of Science and Technology and Article 1 of the Digital Information. 13 /2010/TT-BKHCN July 30, 2010 by the Minister of Science and Technology Amendment, complements some of the provisions of the Digital Information Digital Information. 17 /2009/TT-BKHCN June 18, 2009 and Digital News 01 /2007/TT-BKHCN February 14, 2007.

2. The execution process, if the relevant text at this message is modified, added or replaced then the new text is modified, added or replaced.

What? 18. Industry management, sector and field management

The regulatory base at this Smart, the Department of Industry Management, provides the state inspection guide to the quality of imported goods belonging to the management division.

What? 19.

1. The quality of the quality of the product, the goods, the importers, the relevant agency is responsible for this private practice. The General Directorate for Quality Measures, Check this out.

2. During the execution, if there is difficulty in the process, the Timely Reflection Authority on the General Directorate of Quality Measures to synthesize, the proposal to report the Ministry of Science and Technology Guide, modify the ./.

KT. MINISTER.
Captain.

(signed)

Vietnam Chen.