Circular 3/2012/tt-Bkhcn: Regulating The State Inspection On Quality Goods Circulate On The Market

Original Language Title: Thông tư 26/2012/TT-BKHCN: Quy định việc kiểm tra nhà nước về chất lượng hàng hóa lưu thông trên thị trường

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SCIENCE AND TECHNOLOGY
Numbers: 26 /2012/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 12 December 2012

IT ' S SMART

Q As for the state inspection of the quality of goods.

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Chapter I

GENERAL REGULATION

What? 1. The scope of the All right And puzzles. i Apply

1. This information provides for the content, sequence, procedure, and organization of the state examination of the quality of goods in circulation in the market.

2. This information applies to the Agency for Quality Examination Of The Product, goods of ministries, industries, localities and organizations, individuals involved.

What? 2. The Test Subject

1. Goods traffic on the Vietnamese market.

2. The special cargo of defense, security is not subject to the audit subject of this Information.

What? 3. Explain words

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

1. Goods circulation on the market includes: goods during transport, display, and storage and retention during the purchase of goods, except for the case of the individual organization's cargo of goods importing goods from the store to the repository.

2. Other terms in this Smart Use the interpretation of the term as defined in Article 3 The Product Quality Law, the commodity.

What? 4. ki Base Okay. Try

The base for testing of the quality of goods is the technical standard, the standard of public adoption, regulation of the label of goods and other provisions of the law.

What? 5. Ph Clear. The knowledge of the quality of goods.

The method of examining the quality of goods circulation in the market is as follows:

1. The annual planning examination has been approved by the state agency. The inspection under this plan does not need to foresee the business base.

a) Base to build a yearly plan on the quality of the quality of circulation in circulation on the market as follows:

-Target, plan on the requirements of specialized management agencies;

-The results of testing the quality of goods in circulation in the market;

-Information on the mass media of the goods does not guarantee quality;

-Foreign, foreign, regional, international, international quality.

b) The test plan must show the content primarily as follows:

-Object-to-check.

-The test desk.

-Time of inspection (in month);

-Organizational funding.

-The execution.

2. Check out the groundbreaking for the quality of goods.

The base to decide for a sudden examination of the quality of goods circulating in the market:

a) At the request of the specialized regulatory authority;

b) The report on the quality of goods;

c) Information, warning of the organization, domestic individuals, foreign countries on goods not to guarantee quality at risk of threatening the safety of people, animals, plants, properties, the environment; and so on.

d) The results of the survey of the quality of commodity circulation in the market detect the quality of quality assurance.

What? 6. M There. Oh, no Fuck. to test the ll test. Heartburn Every hour. Fuck.

1. The goods sample was purchased in the form of randomly taken on the market for testing at the test organization serving the survey, which monitors the quality of the commodity quality on the market. The sampling of the quality survey does not require a sample.

2. The case of merchandise has signs of not reassuring quality, the Chief of the Test Corps decides to take the sample. The cargo sample was taken for testing at the test organization designated as follows:

a) The sample is taken in accordance with the prescribed sampling method at the standard, the corresponding technical standard. There is no provision for sampling methods, taking samples in a random principle with sufficient quantities to test the instructions for testing. Each sample is divided into two sample units, a sample unit to carry the test, a sample unit to save at the test agency. Depending on the type of goods, the use limit, the inspection team is clear in the sampling of the sample period at the test agency, but not more than 90 days. The end of the sample deadline without a complaint, the sample processing system is in accordance with the current rules.

b) The cargo form after the taken must be sealed (according to the Tem template sealed 4b. TNPM-The appendix that is attached to this message) has the signature character's signature, the base representative is samed and compiled for the sample of the goods (according to the 4a compilation. BBLM-The appendix that comes with this message. Where the base representative is samed unsigned, sealing, the sample, the checklist is clear in the "database representation of the sample, sealing, sample listing", the sample receipt, the signature sealing, and the signature of the model. The test team still has a legal value.

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.

3. Cost of sampling of goods and trials under regulation at Article 41 Product Quality Law, commodity, and regulation at the U.S. Digital Federal Information Code. 28 /2010/TTLT-BTC-BKHCN March 3, 2010 of the Ministry of Finance and the Ministry of Science and Technology Guide management and use of the funding for state inspection activity on the quality of products, goods.

Chapter II

CONTENT, SEQUENCE, PROCEDURE AND BREACH PROCESSING

What? 7. Content Quality Test Content

1. On the commodity label:

a) Check out the commodity label as defined by the law of the goods label;

b) Check out the standard of applicable publication criteria, standard marks, attributmarks.

2. Of Quality:

a) Check the conditions of preserving goods by regulation or published on a commodity label;

b) Content examination and the expression of warning information about the ability to cause loss of goods;

c) Check the suitcase of the goods to the technical standard, the applicable publication standard, the accompanying document.

In the case of a cargo sample, the inspection team is prescribed at the provisions of this Article 2 Article 6.

What? 8. Player and Player All right Check.

1. The inspection team conducted the following procedure, the following procedure:

a) The published decision-making (in Form 2a. KTKT-The appendix is accompanied by the profile) before the examination;

b) conduct examination of the specified content at Article 7 of this Information;

c) Set the audit editor (in Form 3a. BBKT-The appendix that comes with this message. The audit editor must have the signature of the database representative checked, the inspection team. The case represents a non-written checklist, the inspection team is clear in the "database of the unsigned basis", and the signatures of the Chief of the Examination and the members of the inspection team still have legal value;

d) The inspection agency report on test results and recommendations on the announcement of the test results of the non-guarantee commodity sample to the organization, the individual whose goods were examined over a 5-day period of work, since the date received test results. Sample (in Form 5. TBKQQTNKD-The Appendix with This Information

) Processing the results of the test under regulation at Article 9 of this.

2. Quality Control conducted the independent test according to the sequence, the following procedure:

a) Export the quality control card before the examination;

b) conduct examination of the specified content at Article 7 of this Information;

c) Set up the audit (according to Form 3b. BBKT-KSVCL-The appendix with this message. The audit editor must have the signature of the checked base representative, quality control. Where the underlying representative case is checked unsigned, the quality control of the quality notes in the "representative of the base of the unsigned basis"; the signed text of the quality control officer and the witness still has legal value;

d) Process test results in accordance with Article 9 of this.

What? 9. Waste Processing

1. The case of goods does not meet the requirements of a commodity label, the standard publication applicable, valid certification, contract publication, quality management measures according to the corresponding technical rules for the goods and requirements of the conditions associated with the process. Processing production is as follows:

a) The inspection, quality control requires the seller to halt the sale of goods, while the sales person must contact the manufacturer, the importer to perform the handling, remediation, repair period in the margin of writing in the margin of the sale. Copy.

For a period of no more than 24 hours, the inspection team, the quality control officer must report to the chemical quality test agency for the agency to examine the notification of temporary traffic traffic (according to Form 7. TBTDLT-The appendix that comes with this message) and is processed by jurisdiction; the retention period of the retention of the goods stored in the traffic stop message is calculated from the time of the audit editor;

b) The inspection indicates that the goods notification is continued to circulate in the market (according to Form 9. TBTTLT-The appendix accompanied by this message) when that commodity seller has carved out the requirements and reports with the accompanying text with the evidence for the inspection agency;

c) The case of the sales person continues to violate, does not accept the requirements of the inspection agency, the product quality examination agency, which goods during the 7-day period of work, since the date of a conclusion on the continued violation of the seller, depending on the product. according to the extent of the breach, the scale of the influence, public notice on the local or central public information media name of the sales person, address where the sale, name of the goods and the unfit of the goods (according to Form 10. TBKĐCL-The appendix to this message. At the same time, the agency, which checks the profile and petits the authority or the state authority has jurisdiction over the provisions of the law.

2. The case of a commodity case with a sample test result does not conform to the standard of applicable publication, a valid certification or a corresponding technical standard, the inspection team, the handling of the quality of the treatment as follows:

a) The inspection team, the quality control officer must report to the test agency about the sample test results to the test agency during the 5-day period of work since the test agency received the test results for the test results announcement of the sample test results. does not reach a quality requirement for the sales person (according to Form 5. TBKQTNKE-The appendix with this message. The agency for the examination of the filing and the petition for the authority or the state authority has jurisdiction over the rule of law;

b) Set the sealed and sealing cargo hold on the checked basis (according to Form 8a. BBNP-KT-The appendix to this message. The case that represents the basis of the unsigned checklist, the Chief of the inspection, the quality control of the quality of the document in the "representative of the unsigned basis". The editor has the signature of the Chief of the Examination, the quality control officer still has a legal value. For no more than 24 hours. The inspection team, the quality control officer must report to the body of product quality testing, the goods to the agency to examine the notification of temporary traffic traffic;

c) The seller provides relevant information on goods of the same type as the number of extant goods, which have sold and contacted the manufacturer, the importation of knowledge to rectify, process, repair and implement the obligations under the law.

The case of the goods sold, the audit agency report to the agency to examine the filing of the file transfer and the competent authority or agency with a jurisdiction over the sale of the goods sold was not appropriate to the standard of applicable or applicable. It ' s a very technical standard.

d) The case was not unanimous with the sample test results, during the 2-day period of work since the date received notice of a sample test results that did not reach the quality requirement, the salesperson may offer a written offer to the test test agency. For the sample in another designated test organization. This test result was the basis for the inspection of the test, the final conclusion. The cost of testing this sample was paid by the seller;

The Agency for the inspection of the cargo notification only continues to circulate in the market (according to Form 9. TBTTLT-The appendix that comes with this message) when the seller has carved out the requirements and reports with the accompanying text with the evidence for the inspection agency.

3. The case of a serious breach of the label on the label (false; expiration of use; information, warning on non-honest labels causing danger), goods with visual evidence that are dangerous, the goods have a sample test results not consistent with the consumption. prepare to announce the applicable, standard certification, the corresponding technical standard that threatens the safety of people, animals, plants, properties, the environment, or the salesperson who does not carry out the requirements in the traffic pause notification. The records and petitions of the authority or state authority have jurisdiction over the provisions of the law, while simultaneously announcing the public on the law. Mass media names the name of the salesperson, the address of the sale, the name of goods and the unfit of the goods.

4. During the inspection detection of the administrative breach:

a) The College of Inspects is not a member of a professional investigator, a market ranger, and the Chief of the Administrative Board of Control (according to Form 11). BBVPHC-The appendix that comes with this message) and offers the agency to examine the filing and petition of persons with jurisdiction or state authority to have jurisdiction over the rule of law;

b) A member of the inspection team is a member of the professional Ombudman, the Market Control, the Professional Ombudman, the Market Control of the Administrative Breach Of The Executive Order, and the statutory handling of the law.

5. After the discovery of the flow of circulation in the market unsuitable for the standard of applicable publication, the corresponding technical regulation then the test agency has the responsibility to inform the corresponding inspection agency where there is a production facility, importing that commodity. consider the conduct of product quality testing at the manufacturing facility, the prescribed import facility at Article 5, processed by regulation at Article 6 and Article 8 of the number of digital resolutions. 132 /2008/NĐ-CP December 31, 2008, the Government regulates the implementation of a number of provisions of the Law Quality Law, commodities.

6. The transfer profile with a jurisdiction or state agency with a jurisdiction to handle the breach, including: Decision Decision, Border Test, Notification Results Test, or proof of inappropriate product affirmation, Border violation, Border Protection, and Border Protection. Sealed by the seal, the Security Council's Office of the Examination Agency recommended that the authorities proceed with the law to proceed with the laws of law.

The person with authority, the state agency has the authority to handle the breach responsible for consideration, handling the provisions of the law and informing the agency that the test results are handled to follow, synthesize.

Chapter III

EXECUTION CLAUSE

What? 10. The responsibility of the inspection agency in the construction of the inspection plan

The base of the provisions at Clause 1 Article 5 of this Information, the test agency is responsible for the construction of the annual audit plan as follows:

1. Before 1 December, the local inspection agency must complete the construction of the plan to test the quality of goods circulating on the local market for the following year.

2. The plan to test the quality of goods circulating in the market of local inspection agencies after being approved must report to the inspection agency in the Central Sector, sector, and send to the Department of Science and Technology.

Prior to December 31 each year, the Department of Science and Technology Corporation plans to inspect local inspection agencies and report the Provincial People ' s Committee, the Central City of China, at the same time the report on the Ministry of Science and Technology (Directorate of Consumer Affairs). It ' s about the measure of quality.

3. Prior to June 30 annually, the Central Test agency must complete the construction of the plan for the quality of the quality of circulation in circulation on the market of the next year in the industry, its sector.

The plan to test the quality of goods circulation on the market of the test agencies in the Central Bureau after being approved must report to the Department of Industry Management, sector, and send to the Ministry of Science and Technology (Directorate of Quality Measuring Standards).

4. Before July 15 each year, the General Directorate of Quality Measures Quality of the Year of the Year after the Ministry of Science and Technology approved for coordination of the test deployment.

What? 11. Uh ... examination and related organs in the heart of p, check out the breach. t Goods.

1. The inspection agency is responsible for handling by jurisdiction and in the 03-day period of work since the establishment of the administrative breach, the test agency is responsible for transferring records to the competent or state authority to take care of the breach. You know, in accordance with the law.

2. The authorities, the state agency with the authority to dispose of the administrative breach responsible for consideration, carry out the conduct of the administrative breach in accordance with the rule of law, while simultaneously informing the inspection agency to coordinate the remediation of the consequences. after the execution penalty.

3. Public Security, Customs, Market Management, Specialized Inspectors and other agencies within the range of mission functions, the authority to be delivered during the enforcement of the work if the detection of a violation of the quality of goods circulating on the market. The school is responsible for the copyright of the administrative breach and the handling of the administrative breach under the rule of law.

Go. Okay. u 12. Situation report. Bitch. Check.

1. The inspection agency is responsible for aggregation of the situation report and a 6-month-, yearly, annual, or-request-to-request test results. Report content (in Form 6. BBCTKT-The appendix with this message, namely:

a) The local inspection agency reported the results of the results of the results of the results of the quality of goods circulating in the market of its responsibility to the governing body and to send the Department of Science and Technology to synthesize the report of the Provincial People's Committee, the city. the Central Committee and the Ministry of Science and Technology (Directorate of Quality Measuring Standards);

b) The central inspection agency reported the results of the results of the results of the results of the quality of the goods in circulation in the market, which is in charge of its management to the Ministry of the Ministry of Science and to the Ministry of Science and Technology (Directorate of Quality Measuring Standards).

2. On the basis of reports of local, ministries, disciplines, the Ministry of Science and Technology for the synthesis of the Prime Minister.

What? 13.

This message has been in effect since January 27, 2013 and replaces the Digital Information Act. 16 /2009/TT-BKHCN June 2, 2009, of the Minister of Science and Technology Guide to the State Department for the Quality of goods circulating in the market.

What? 14.

1. The Ministry of Foreign Affairs, Government Affairs, Provincial People's Committee, Central city, inspection, organization, individual, agency, and agency responsible for this information.

2. The General Directorate of Quality Measures, Check out this Smart.

3. During the execution, if there is difficulty in the process, the test agency reflects the Quality of Quality Measures Standards to report the Ministry of Science and Technology to review, decision ./.

KT. MINISTER.
Chief.

(signed)

Vietnam Chen.