THE MINISTRY OF SCIENCE AND TECHNOLOGY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 15/2019/TT-BKHCN
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Hanoi, November 15, 2019
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CIRCULAR
PROMULGATING “NATIONAL TECHNICAL REGULATION ON STAINLESS
STEEL”
Pursuant to the Law on
Standards and Technical Regulations dated June 29, 2006;
Pursuant to the
Government’s Decree No. 127/2007/ND-CP dated August 01, 2007 elaborating a
number of Articles of the Law on Standards and Technical Regulations and
Government’s Decree No. 78/2018/ND-CP dated May 16, 2018 on amendments to some
Articles of the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007
elaborating a number of Articles of the Law on Standards and Technical
Regulations;
Pursuant to the
Government’s Decree No. 95/2017/ND-CP dated August 16 defining the functions,
tasks, powers and organizational structure of the Ministry of Science and
Technology;
At the request of
Director General of Directorate for Standards, Metrology and Quality and
Director General of Department of Legal Affairs;
The Minister of
Science and Technology hereby promulgates a Circular promulgating “National
Technical Regulation on stainless steel”.
Article 1. Promulgated together with this Circular is the National
Technical Regulation on stainless steel (QCVN 20:2019/BKHCN).
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Article 3. Grandfather clause
Steel which was
domestically manufactured and imported before June 01, 2020 may be circulated
on the market until June 01, 2021 inclusive.
Article 4. Roadmap for application
1. As of June 01, 2020,
the stainless steel classified under HS codes specified in the Appendix to QCVN
20:2019/BKHCN promulgated together with this Circular must meet the requirements
set out in QCVN 20:2019/BKHCN before being circulated on the market.
2. Stainless steel
producers are encouraged to apply QCVN 20:2019/BKHCN from the effective date of
this Circular.
Article 5. Implementation
1. Director General of
Directorate for Standards, Metrology and Quality shall organize and provide
guidelines for the implementation of this Circular.
2. Ministers, ministerial
agencies, Governmental agencies, People’s Committees of provinces and
central-affiliated cities, organizations and individuals concerned are
responsible for the implementation of this Circular.
3. Difficulties that
arise during the implementation of this Circular should be promptly reported to
the Ministry of Science and Technology for instructions or appropriate amendments./.
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PP. THE MINISTER
THE DEPUTY MINISTER
Tran Van Tung
QCVN 20:2019/BKHCN
NATIONAL TECHNICAL REGULATION ON STAINLESS STEEL
Foreword
QCVN 20:2019/BKHCN is
developed by the Drafting Committee for National Technical Regulation on
stainless steel, submitted by the Directorate for Standards, Metrology and
Quality for approval and promulgated together with the Circular No.
15/2019/TT-BKHCN dated November 15, 2019 of the Minister of Science and
Technology.
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1. GENERAL
1.1. Scope
The present document
provides for limits of chemical composition of stainless steel and requirements
for management of quality of stainless steel domestically manufactured,
imported and circulated on the market.
List of stainless steel
and corresponding HS codes is provided in the Appendix to this Technical
regulation.
1.2. Regulated
entities
This Technical Regulation
applies to stainless steel manufacturers, importers and traders, regulatory
bodies and other related organizations and individuals.
1.3. Definition
For the purposes of this
Technical regulation, the terms below shall be construed as follows:
1.3.1. Stainless steel: Steel with a minimum chromium
content of 10.5 % (by weight) and a maximum carbon content of 1.2 % (by
weight).
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1.3.3. Lot: Stainless steel of the same grade and nominal
size (regardless of its length), produced by the same manufacturer or imported
by one importer under the same dossier or traded at one location.
1.3.4. ASTM standard: Standard of the American Society for
Testing and Materials.
1.3.5. SAE standard: Standard of the American Society of
Automotive Engineers.
2. TECHNICAL REQUIREMENTS AND TESTING METHODS
Stainless steel specified
in the Appendix to this Technical Regulation must conform the following
requirements:
2.1. Chemical composition of stainless steel domestically
manufactured, imported and circulated on the market which is assessed to be
conformable with this Technical Regulation must conform to the requirements of
the steel grade under the announced standard. To be specific, the chromium
content must not be less than 10.5 % (by weight) and the carbon content must
not exceed 1.2 % (by weight).
The announced applicable
standard must be National standard (TCVN), international standard, regional
standard, national standard of a foreign country, ASTM standard or SAE
standard.
2.2. A sample testing result is considered conformable with an
announced applicable standard only when the sample's chemical composition
testing result shows that the elements do not exceed the permissible deviations
under the announced standard.
2.3. When carrying out assessment of its conformity with this
Technical regulation, requirements for sampling methods and sample testing
methods for domestically manufactured and imported stainless steel must be in
compliance with the corresponding regulations under the announced standard.
Where the announced standard does not specify any testing method, the testing
method mentioned under National standard (TCVN), international standard,
regional standard, national standard of a foreign country, ASTM standard or SAE
standard may be adopted.
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The labeling of goods
must comply with the Government’s Decree No. 43/2017/ND-CP dated
April 14, 2017 on goods labels and prevailing regulations in relation to origin
of goods.
Label of stainless steel
shall be clearly marked, legible, indelible, inscribed/affixed/tied on bundles,
coils, plates or rods and contain at least:
- Name of goods.
- Name and address of the
organization or individual responsible for the goods (manufacturer/importer).
- Origin of goods.
- Quantitative data
(weight/quantity).
- Nominal size, steel
grade, announced applicable standard.
4. MANAGERIAL REQUIREMENTS
4.1. Domestically manufactured stainless steel must have its
conformity declared in accordance with the regulations laid down in Section 2
of this Technical regulation, bear CR marking and label in accordance with the
regulations prescribed in Section 3 of this Technical Regulation before being
circulated on the market.
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The basis for conformity
declaration is the result of certification or inspection given by a
certification or inspection body which has registered its
operation in accordance with the Government’s Decree No.
107/2016/ND-CP dated July 01, 2016 on provision of conformity assessment
services (hereinafter referred to as “Decree No. 107/2016/ND-CP”), the
Government’s Decree No. 154/2018/ND-CP dated November 09, 2018 amending,
supplementing and repealing certain regulations on investment and business
conditions in sectors under the management of the Ministry of Science and
Technology and certain regulations on specialized inspections (hereinafter
referred to as “Decree No. 154/2018/ND-CP”) or has been recognized under the
Circular No. 27/2007/TT-BKHCN dated October 31, 2007 of the Ministry of Science
and Technology providing guidance on the signature and implementation of
agreements on mutual recognition of conformity assessment results (hereinafter
referred to as “Circular No. 27/2007/TT-BKHCN”).
4.2. Imported stainless steel must undergo state inspection of
its quality in accordance with the regulations laid down in Section 2, bear CR
marking and label in accordance with the regulations prescribed in Section 3 of
this Technical Regulation before being circulated on the market.
Quality of imported
stainless steel shall be inspected according to clause 2b Article 7 of the
Government’s Decree No. 132/2008/ND-CP (amended by clause 3 Article 1 of the
Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 on amendments to some
Articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008
elaborating some Articles of the Law on Quality of Products and Goods) and
clause 1 Article 4 of the Government’s Decree No. 154/2018/ND-CP dated November
09, 2018 amending, supplementing and repealing certain regulations on
investment and business conditions in sectors under the management of the
Ministry of Science and Technology and certain regulations on specialized
inspections.
4.3. Conformity assessment methods
Conformity assessment
methods shall serve as the bases for declaration of conformity and state
inspection of quality of stainless steel as specified in Article 5 and Appendix
II of the Regulation on technical-regulation conformity and methods for
assessment of conformity with standards and technical regulations promulgated
together with the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the
Minister of Science and Technology.
4.3.1. For domestically manufactured stainless steel, the
conformity assessment method is the conformity certification according to
Method 5 (Testing representative sample and assessing the manufacturing
process; carrying out supervision by testing the sample collected from the
manufacturing location or on the market in association with assessment of the
manufacturing process) carried out at the manufacturing establishment. If the
manufacturing establishment fails to apply quality assurance requirements
according to Method 5, carry out conformity certification using Method 7
(Testing representative samples and assessing conformity of a batch/lot) for
each batch.
4.3.2. For imported stainless steel, the conformity assessment
method is the certification and inspection of conformity according to Method 7
(Testing representative samples and assessing conformity of a batch/lot) for
each lot of imported stainless steel. If the importer requests the
certification at the manufacturing establishment of the exporting country, carry
out conformity certification according to Method 5 (Testing representative
sample and assessing the manufacturing process; carrying out supervision by
testing the sample collected from the manufacturing location or on the market
in association with assessment of the manufacturing process).
As stainless steel
undergoes certification and inspection of conformity with this Technical
Regulation according to Method 7, its sample is taken randomly from a lot as
per TCVN 7790-1:2007 according to the single sampling plan for normal
inspection - level S2 and Acceptance Quality Limit (AQL) = 1.5 to inspect the
appearance and uniformity of the lot. The maximum number of samples taken for
testing is 03 (three).
4.3.3.
The testing in support of certification,
inspection, and inspection of quality of stainless steel and its conformity
with this Technical Regulation shall be carried out by a testing body
designated by the Directorate for Standards, Metrology and Quality as
prescribed by law.
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4.4. Rules for recognizing conformity assessment results and using
testing results
4.4.1. Every conformity assessment body (certification body or
inspection body) may consider using the testing result given by a testing body
in the exporting country so as to serve its certification or inspection if that
testing body has full capacity and satisfies all regulations laid down in TCVN
ISO/IEC 17025.
4.4.2. Prior to the use of the testing result given by a
conformity assessment body in the exporting country, the certification body or
inspection body must notify the Directorate for Standards, Metrology and
Quality for monitoring and management purposes. Where necessary, the
Directorate for Standards, Metrology and Quality shall inspect the use of
testing results by the certification body or inspection body.
4.4.3. When using the testing result given by a conformity
assessment body in the exporting country, the certification body or inspection
body must assume responsibility for their certification or inspection results.
5. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
5.1. Stainless steel manufacturers, traders and importers engine
oils shall announce applicable standards in accordance with this Technical
Regulation and ensure the quality in accordance with this Technical Regulation
and announced applicable standards.
5.2. Stainless steel manufacturers and traders must satisfy the
requirements enshrined under Section 2, implement the regulations specified in
Section 3 and Section 4 of this Technical Regulation.
5.3. Domestic manufacturers of stainless steel
5.3.1. After being issued with the certificate of conformity, each
manufacturer is required to submit an application for conformity declaration to
a competent authority where it registered its business as prescribed in the
Circular No. 28/2012/TT-BKHCN and Circular No. 02/2017/TT-BKHCN.
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5.3.3. When the conformity of goods is assessed and declared
according to Method 5, the manufacturer shall undergo inspection and
supervision at least once every 12 months or on an ad hoc basis when necessary.
5.3.4. Goods-related documents, technical documents, testing
results and certificate of conformity shall be archived for at least 06
years.
5.4. Stainless steel importers
5.4.1. Every stainless steel importer shall apply to the
inspecting authority for state inspection of quality as prescribed in the
Circular No. 27/2012/TT-BKHCN and Circular No. 07/2017/TT-BKHCN.
5.4.2. Goods-related documents, technical documents, testing
results and certificate of conformity shall be archived for at least 06
years.
5.5. Stainless steel traders
Every trader is only
allowed to trade in stainless steel that satisfies quality requirements and
bears conformity marking and label in accordance with this Technical
Regulation, and shall present conformity assessment result to the inspecting
authority where necessary.
5.6. Testing bodies, inspection bodies
5.6.1. Testing bodies and inspection bodies shall comply with this
Technical Regulation and other relevant regulations of law. The recognition of
certification results, inspection results and testing results given by a
conformity assessment body in the exporting country shall comply with the
regulations laid down in Section 4.4 of this Technical Regulation.
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6. IMPLEMENTATION
6.1. The Directorate for Standards, Metrology and Quality shall
inspect and provide guidelines for the implementation of this Technical
Regulation.
6.2. In the cases where any of the legislative documents
referred to in this Technical Regulation is amended or replaced, the newest one
shall apply.
6.3. In the cases where Vietnam is signatory to bilateral or
multilateral agreements, the provisions of those agreements shall prevail./.
APPENDIX
LIST OF STAINLESS STEEL COVERED BY QCVN 20:2019/BKHCN
No.
NAME
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1
Flat-rolled products of
stainless steel, of a width of 600 mm or more
7219.11.00
7219.12.00
7219.13.00
7219.14.00
7219.21.00
7219.22.00
7219.23.00
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7219.31.00
7219.32.00
7219.33.00
7219.34.00
7219.35.00
7219.90.00
2
Flat-rolled products of
stainless steel, of a width of less than 600 mm
7220.11.10
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7220.12.10
7220.12.90
7220.20.10
7220.20.90
7220.90.10
7220.90.90
3
Bars and rods,
hot-rolled, in irregularly wound coils, of stainless steel
7221.00.00
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Other bars and rods of
stainless steel; angles, shapes and sections of stainless steel
7222.11.00
7222.19.00
7222.20.10
7222.20.90
7222.30.10
7222.30.90
7222.40.10
7222.40.90
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Wire of stainless steel
7223.00.10
7223.00.90