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THE
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
08/2006/QD-BLDTBXH
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Hanoi,
November 20, 2006
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DECISION
PROMULGATING THE PROVISIONAL REGULATION ON QUALITY
INSPECTION OF IMPORTED PRODUCTS AND GOODS UNDER THE PRIME MINISTER'S DECISION
NO. 50/2006/QD-TTG OF MARCH 7, 2006, PROMULGATING THE LIST OF PRODUCTS AND
GOODS SUBJECT TO QUALITY INSPECTION
THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
Pursuant to the Government's Decree No.
86/2002/ND-CP of November 5, 2002, defining the functions, tasks, powers and
organizational structure of the ministries and ministerial-level agencies;
Pursuant to the Government's Decree No. 29/2003/ND-CP of March 31, 2003,
defining the functions, tasks, powers and organizational structure of the
Labor, War Invalids and Social Affairs Ministry;
Pursuant to the Government's Decree No. 179/2004/ND-CP of October 21, 2004,
stipulating the state management of quality of products and goods;
Pursuant to the Prime Minister's Decision No. 50/2006/QD-TTg of March 7,
2006, promulgating the list of products and goods subject to quality
inspection;
At the proposal of the Director of the Labor Safety Department,
DECIDES:
Article 1.- To
promulgate together with this Decision the Provisional Regulation on quality
inspection of imported products and goods under the Prime Minister's Decision
No. 50/2006/QD-TTg of March 7, 2006, promulgating the list of products and
goods subject to quality inspection.
Article 2.- The Labor
Safety Department shall coordinate with concerned units in guiding the
implementation of this Decision.
Article 3.- Organizations
and individuals that import products and goods on the list of products and
goods subject to quality inspection and technical organizations designated to
inspect the quality of products and goods shall implement this Decision.
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FOR
THE LABOR, WAR INVALIDS AND SOCIAL AFFAIRS MINISTER
VICE MINISTER
Le Bach Hong
PROVISIONAL
REGULATION ON QUALITY INSPECTION OF IMPORTED PRODUCTS AND
GOODS UNDER THE PRIME MINISTER'S DECISION No. 50/2006/QD-TTg OF MARCH 7, 2006,
PROMULGATING THE LIST OF PRODUCTS AND GOODS SUBJECT TO QUALITY INSPECTION
(Promulgated together with the Labor, War Invalids and Social Affairs
Minister's Decision No. 08/2006/QD-BLDTBXH of November 20, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.- Purposes
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2. To define powers and responsibilities of
parties involved in the quality inspection of products and goods.
Article 2.- Subjects
and scope of application
1. This Regulation applies to imported products
and goods specified in Appendix 4.
2. This Regulation does not apply to imports
being personal belongings, diplomatic luggage, sample goods, goods for display
at exhibitions or trade fairs, goods exchanged by border residents and other
goods not for trading purposes.
3. Importing organizations, enterprises and
individuals (hereinafter referred to as enterprises) that have products and
goods subject to inspection by agencies or organizations designated to inspect
quality of products and goods (hereinafter referred to as inspecting
organizations) specified in Appendix 4 to this Regulation.
4. When being used, products and goods specified
at Items 7 thru 12 of Appendix 4 to this Regulation and having gone through
quality inspection are still required to be registered and expertised according
to the provisions of the Labor, War Invalids and Social Affairs Ministry's
Circular No. 23/2003/TT-BLDTBXH of November 3, 2003, guiding the registration
and expertise of machines, equipment, materials and substances subject to
stringent labor safety and sanitation requirements.
Chapter II
QUALITY INSPECTION OF
IMPORTED PRODUCTS AND GOODS
Article 3.- Grounds
for inspection
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Article 4.- Inspection
modes
1. Inspection at ports of arrival (places of
importation), which is conducted in either of the following two forms:
- Inspection of samples of imports: to be
applied before the arrival of the goods lot at the border gate if the importing
enterprise sends the import samples for inspection in advance.
- Inspection of import lots: to be applied upon
the arrival of the goods lot at the border gate.
2. Inspection at ports of departure (places of
exportation): This mode is applied on the principle of multilateral or mutual
recognition between the Vietnamese Government and governments of countries of
exportation (or at the request of enterprises).
Article 5.- Inspection
methods
1. Customs clearance first, quality inspection
later.
2. For products and goods specified at Items 01
thru 06 of the list in Appendix 4, their typical samples shall be tested.
3. For products and goods specified at Items 7
thru 12 of Appendix 4 (to this Regulation), the expertise of all products and
goods shall be conducted. For parts and assemblies of components imported in
knocked down form for assembly in Vietnam,
their typical samples shall be tested.
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1. Before a goods lot arrives at a border-gate,
the importing enterprise shall compile a dossier of registration for
inspection, then send it together with goods samples to the inspecting
organization (a written record shall be made according to a set form.
A dossier of registration for inspection
comprises:
- A written registration for quality inspection
of imports, made according to a set form;
- The import contract;
- Technical documents related to the goods
quality.
To satisfy the requirements of inspection and
sample keeping, the importing enterprise shall send to the inspecting organization
goods samples (in the same product lot) in the following numbers:
- Six samples, if the goods lot has 3,000
products of the same type or less.
- Twelve samples, if the goods lot has more than
3,000 products of the same type.
2. The inspecting organization shall receive the
dossier and goods samples, conduct the inspection according to the quality
criteria provided in Vietnam Standards relevant to each type of product or
goods, and notify the importing enterprise of inspection results for handling.
Satisfactory results of inspection of goods samples serve as a basis for
comparison with subsequent import lots of that enterprise.
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- The manifest (if any);
- Invoices, bills of lading (copies bearing the
enterprise owner's seal and signature);
- Quality certificates of the goods lot granted
by authorities of the port of departure (if any).
After receiving those additional documents, the
inspecting organization shall inspect packages, labels and other outer signs of
imports actually arriving at the border gate. If these goods are consistent
with goods samples inspected in advance, the inspecting organization shall,
within two working days, issue a notice on results of inspection of imports,
certifying that the goods lot is compliant with the import regulations (made
according to a set form) to the enterprise for use as a basis for completion of
customs clearance procedures.
4. If the imports are not consistent with
samples inspected in advance in terms of packages, labels and other outer
signs, the inspection of that goods lot shall be conducted according to the
order and procedures for inspection of import goods lots specified in Article 7
of this provisional Regulation.
Article 7.- Contents of
and procedures for inspection of import goods lots at ports of arrival
1. When the goods arrive at the border gate, the
importing enterprise that fails to send goods samples for advance inspection
shall compile a dossier of registration for inspection and send it to the
inspecting organization. A registration dossier comprises:
- A written registration for quality inspection
of imports, made according to a set form;
- The import contract and manifest (if any);
invoices and bills of lading (copies bearing the enterprise owner's seal and
signature);
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2. Within one working day after receiving a
valid registration dossier, the inspecting organization shall issue a notice on
completion of procedures required for imports (according to a set form) so that
the enterprise can carry out customs clearance procedures in advance.
The inspecting organization shall take goods
samples (from the goods lot) for inspection of conformity of those goods
samples to relevant inspection grounds mentioned in Article 3 of this
provisional Regulation. The time limit for quality inspection of a goods lot is
10 working days after samples for inspection are taken or the inspection is
organized.
- If inspection results satisfy the requirements
stated in the inspection grounds, the inspecting organization shall, within one
working day, issue a notice on results of quality inspection of imports
certifying that the goods lot is compliant with import regulations to the
enterprise (according to a set form) for use as a basis for completion of
customs clearance procedures.
- If inspection results fail to satisfy the
requirements stated in the inspection grounds, the inspecting organization
shall, within one working day, issue a notice on results of quality inspection
of imports, notifying that the goods lot is not compliant with import
regulations, to the enterprise (according to a set form) and concurrently
report to the Labor Safety Department of the Labor, War Invalids and Social
Affairs Ministry.
3. Goods inspection results shall be kept by
inspecting organizations to serve as a basis for considering and deciding on
application of a stringent inspection regime or alleviation of inspection for
subsequent lots of goods of the same type of the enterprise (with the same
appellation, signs, main technical features and directly manufactured by the
same organization).
Article 8.- Contents of
quality inspection of imports at ports of departure
1. For imports that have gone through quality
inspection by accredited foreign testing or certifying organizations, the
management shall be conducted as follows:
The Labor, War Invalids and Social Affairs
Ministry shall coordinate with the Science and Technology Ministry in
promulgating the list of inspecting or certifying organizations (including such
relevant information as names, locations of head offices, operation domains,
logos of organizations, model certificates or slips of product or goods quality
inspection results) and notify it to customs offices for coordinated
management.
2. Enterprises that have imports already
inspected at accredited foreign inspecting or certifying organizations shall
produce to customs offices certificates or slips of results of goods quality
inspection granted by these organizations for customs clearance.
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4. Quality inspection of products or goods at
ports of departure at the request of enterprises are agreed upon by the two
involved parties.
Article 9.- Regime of
alleviated inspection and regime of stringent inspection of imports
1. Regime of alleviated quality inspection
applied to imports which have a stable quality as recorded through the
monitoring process and satisfy requirements of quality standards stated in inspection
grounds (according to the sum-up table of statistics on inspection results) is
specified as follows:
- Reduced inspection frequency (smaller number
of continuous lots from which samples are taken for inspection);
- Smaller number of samples to be taken for
inspection;
- Lesser inspection criteria.
2. Regime of stringent inspection (with
increased inspection frequency and larger number of samples taken for
inspection) applies to imported products and goods, for which previous
inspection results have been unsatisfactory, results of inspection of goods of
the same type on the market are unsatisfactory, or against which there are
consumers' complaints.
3. The application of the regime of alleviated
inspection or the regime of stringent inspection of imported products and goods
are considered and decided by the Labor Safety Department at the request of
inspecting organizations.
Article 10.- Charges
for product or goods quality inspection and test
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Chapter III
ORGANIZATION OF
IMPLEMENTATION
Article 11.-
Obligations and rights of enterprises importing products and goods
1. Obligations:
- To import goods in accordance with the
provisions of law;
- To submit to the quality inspection of
imported products and goods by product and goods quality-inspecting
organizations.
2. Rights:
- To lodge complaints or denunciations with
competent state agencies about violations of law on product and goods quality
committed by organizations or individuals performing the task of product or
goods quality inspection.
Article 12.- Powers and
responsibilities of inspecting organizations
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- To request importing enterprises to supply
necessary documents in service of inspection;
- To enter and leave places where goods are
stored, preserved and transported for inspection and sample taking;
- To conduct the goods inspection according to
regulations;
- To issue notices on inspection results to
importing enterprises;
- To collect the inspection charge and test
charge according to regulations of the Finance Ministry;
- To propose the Labor Safety Department and the
General Department of Standardization, Metrology and Quality Control to handle
according to law enterprises that fail to strictly conduct the quality
inspection of products and goods according to regulations. To request
enterprises to take measures to handle products or goods that fail to satisfy
quality requirements, monitor the handling and record handling results.
2. Responsibilities:
- To conduct the quality inspection of products
and goods within the designated scope;
- To ensure the accuracy, truthfulness and
objectiveness of product and goods inspection. To strictly comply with the
inspection procedures promulgated by the Science and Technology Ministry and
the Labor, War Invalids and Social Affairs Ministry;
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- To take part in the formulation of processes of
quality inspection of imported products and goods to be applicable to each
specific type of product or goods according to assignment or designation;
- To receive and settle importing enterprises'
complaints about the quality inspection conducted by inspecting organizations.
If damage is caused to importing enterprises by inspecting organizations due to
their fault, they shall refund the whole test or inspection charge amount, pay
damages to importing enterprises according to law;
- To keep inspection dossiers and produce them
when so requested by competent agencies;
- Quarterly, to make sum-up inspection reports
(stating the number of inspected goods lots, inspection modes; number of lots
not up to quality standards and handling measures; number of lots exempt from
inspection; number of lots subject to alleviated inspection; number of lots
subject to stringent inspection; coordination among concerned agencies;
enterprises' complaints and settlement of complaints and requests), then send
them to the Labor Safety Department of the Labor, War Invalids and Social
Affairs Ministry and the General Department of Standardization, Metrology and
Quality Control of the Science and Technology Ministry;
- To report in writing to the Labor Safety
Department of the Labor, War Invalids and Social Affairs Ministry when:
+ The inspection scope changes;
+ Their working offices are relocated or added;
+ Their operation temporarily ceases or
terminates.
Article 13.- Management
responsibilities
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1. To guide the quality inspection of products
and goods; to manage activities of inspecting of product and goods quality; to
designate or terminate operation of inspecting organizations for handling by
competent agencies according to law.
2. To coordinate with the General Department of
Standardization, Metrology and Quality Control of the Science and Technology
Ministry in performing the state management of quality of products and goods
according to regulations.
Article 14.- Examination,
inspection, and handling of violations
1. Competent state agencies shall examine,
inspect, and handle violations in quality inspection of products and goods
according to regulations.
2. Organizations and individuals that violate
regulations on quality inspection of products and goods shall, depending on the
nature and severity of their violations, be handled according to law.
Article 15.- Complaints
and settlement thereof
Importing enterprises may lodge complaints about
conclusions made by inspecting organizations on their products and goods, lodge
complaints about or initiate administrative lawsuits against violation-handling
decisions of competent agencies. The lodging and settlement of complaints,
initiation and handling of lawsuits shall comply with the provisions of law.
APPENDIX 4
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Ordinal
number
Names
of products and goods
Inspection
grounds (for standards being safety, hygiene, human health and environmental
criteria)
State
management agencies organizing quality inspection
Inspecting
organizations
1
Industrial safety helmets
TCVN 6407:1998
The Labor Safety Department
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- Other inspecting
organizations additionally designated according to law
2
Dust-filtering semi-masks
TCVN 7312:2003
3
Insulation gauntlets
TCVN 5586:1991
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4
Insulation boots
TCVN 5588:1991
5
Dust masks
TCVN 7312:2003
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6
Electric welding goggles
TCVN 5039-90
7
Pressure tanks (gas cylinders,
tanks, flasks, bottles, electrically powered boilers)
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TCVN 6153:1996 to
TCVN 6156:1996
TCVN 6290:1997
TCVN 6291:1997
TCVN 6292:1997
TCVN 6294:1997
TCVN 6295:1997
- Regional technical safety
inspection centers 1, 2 and 3 of the Labor, War Invalids and Social Affairs
Ministry
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8
Lifting devices (excluding
those falling under responsibility of the Transport Ministry)
TCVN 4244-86
9
Boilers
TCVN 6004:1995 to
TCVN 6007:1995
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10
Winches for carrying people
TCVN 4244-86;
TCVN 5862:1995 to
TCVN 5864:1995
TCVN 4755:89;
TCVN 5206:1990 to
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11
Elevators
TCVN 5744:1993
TCVN 5866:1995
TCVN 5867:1995
TCVN 6904:2001
TCVN 6905:2001
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12
Escalators
TCVN 6397:1998
TCVN 6906:2001