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THE MINISTRY OF
SCIENCE, TECHNOLOGY AND ENVIRONMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No: 1091/1999/QD-BKHCNMT
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Hanoi, June 22, 1999
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DECISION
PROMULGATING THE REGULATION ON THE STATE CONTROL OF
IMPORT-EXPORT GOODS QUALITY
THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
Pursuant to the Ordinance on Goods Quality of
December 27, 1990;
Pursuant to the Government’s Decree No. 22/CP of May 22, 1993 on the tasks,
power and organizational structure of the Ministry of Science, Technology and
Environment;
Pursuant to the Government’s Decree No. 86/CP of December 8, 1995 on the
assignment of responsibility for the State management over the goods quality;
At the proposal of the General Director of Standardization, Metrology and
Quality,
DECIDES:
Article 1.- To issue
together with this Decision the "Regulation on the State control of
import-export goods quality".
Article 2.- The General
Department of Standardization, Metrology and Quality shall have to organize,
guide and inspect the implementation of this Decision.
Article 3.- This
Decision takes effect 15 days after its signing and replaces Decision No.
2578/QD-TDC of October 28, 1996 of the Minister of Science, Technology and
Environment issuing the Regulations on the State control of import-export goods
quality.
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THE MINISTRY OF
SCIENCE, TECHNOLOGY AND ENVIRONMENT
Chu Tuan Nha
REGULATION
ON THE STATE CONTROL OF IMPORT-EXPORT GOODS QUALITY
(issued
together with Decision No. 1091/1999/QD-BKHCNMT of June 22, 1999 of the
Minister of Science, Technology and Environment)
1. GENERAL PROVISIONS
1.1. This document stipulates the modes,
contents and procedures for the State control of import-export goods quality as
well as the powers and responsibilities of the parties involved in the State
control of import-export goods quality.
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For particular goods, if the specialized
managing ministries assigned to manage them under Decree No. 86/CP of December
12, 1995 issue regulations other than those stated herein, the regulations of
such specialized managing ministries shall apply.
All importing/exporting organizations and
individuals (hereafter referred to as importing/exporting enterprises for
short) that possess goods on the above-said List shall have to register for the
quality control and be subject to the control by the agencies or organizations
defined in Item 1.4 of this Regulation.
1.3. The bases for import/export goods quality
control shall be announced in the annual List of goods subject thereto.
1.4. The quality control of those goods on the
List of goods subject thereto shall be conducted by the State agency(ies) in
charge of the import-export goods control or by the designated expertise
organization(s) (hereafter referred collectively to as the control agencies).
The control agencies and expertise organizations
shall be nominated by the Ministry of Science, Technology and Environment
itself or in coordination with the specialized managing ministries and be
publicized together with the List of goods subject to quality control.
The control agencies shall conduct the control
according to the control procedures, prescribed by the General Department of
Standardization, Metrology and Quality or the specialized managing ministries.
The control procedures shall be elaborated under the unified professional
guidance of the General Department of Standardization, Metrology and Quality.
1.5 Goods on the List of goods subject to the
control shall be issued notices of import-export goods quality control results
(hereafter referred to as control result notices for short) by the control
agencies, according to the set form. Such a notice may be made in one of the
following forms:
- A certificate of import-export goods that meet
the quality requirements (according to the control mode stipulated in Items
3.1.1; 3.1.2 and 3.2.1);
- A notice of import-export goods that have gone
through all the quality control procedures (according to the control mode
stipulated in Item 3.2);
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Basing themselves on the contents of such
notices, the customs agencies shall fulfill the customs procedures as
prescribed by law.
Where a lot of import/export goods fails to meet
the quality requirements, the control agency shall issue a notice thereon to
the concerned importing/exporting enterprise and, at the same time, notify this
to the specialized standardization, metrology and quality inspectorate or the
inspectorate of the specialized managing ministry (hereafter called the
specialized inspectorate for short) so that the latter may take appropriate
handling measures.
The said notices shall be issued to the lots of
import/export goods on the case-by-case basis.
1.6. Import/export goods of the following types
shall be exempt from quality control:
- Export goods which have been certified
compatible with the Vietnamese Standards (VS) in term of their quality and/or
safety, meeting the goods quality requirements in the contracts signed with the
importing countries;
- Import goods bearing marks of conformity with
the standards of the exporting countries, which have been recognized by the
General Department of Standardization, Metrology and Quality and are publicized
in each period.
The control exemption procedures are stipulated
in Item 3.3 of this Regulation.
1.7. Import/export goods on the List of goods
subject to the control, if also on the List of goods within an Agreement on
ensuring quality and mutual recognition signed between Vietnam and a foreign
country shall be subject to the quality control according to such Agreement.
1.8. The regime of alleviation of import/export
goods control:
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The conditions for application of the regime of
alleviation of import/export goods control are stipulated in Item 3.4 of this
Regulation.
1.9. Importing/exporting enterprises shall have
to create conditions (supply samples, dossiers and documents as prescribed) for
the control agencies to perform their tasks, and at the same time, pay the
control and testing fees to the control agencies. The fee levels are stipulated
in Item 3.5 of this Regulation.
1.10. The control agencies shall have to
register with the Ministry of Science, Technology and Environ-ment (the General
Department of Standardization, Metrology and Quality) as well as the
specialized managing ministries the lists, titles and specimen signatures of
those officials who sign the documents mentioned in Item 1.5 of this
Regulation.
2. POWERS AND
RESPONSIBILITIES OF THE STATE CONTROL AGENCIES
2.1. Powers
a/ To request the importing/exporting
enterprises to supply necessary documents in service of the control.
b/ To get access to places of goods storage,
preservation and transportation for control and goods samples.
c/ To effect the goods control according to the
provisions in Item 3 of this Regulation.
d/ To issue the control result notices to the
importing/exporting enterprises.
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f/ To propose the specialized inspectorates to
handle those importing/exporting enterprises that fail to strictly comply with
the import/export goods quality control under this Regulation. To request
enterprises to take measures to handle import/export goods which fail to meet
the quality requirements and monitor the handling as well as the handling
results; to propose to the specialized inspectorates measures for handling
import/export goods that fail to meet the quality requirements.
2.2. Responsibilities
a/ To conduct the State control within the ambit
of assigned responsibilities.
b/ To ensure the accuracy, honesty and
objectivity when controlling the import/export goods lots. To strictly comply
with the control procedures issued by the General Department of
Standardization, Metrology and Quality as well as the specialized managing
ministries.
c/ To be subject to the organizational and
professional direction and guidance of the General Depart-ment of
Standardization, Metrology and Quality and/or the specialized managing
ministries as defined in Decree No. 86/CP of December 8, 1995 as well as the
joint circulars guiding the implementation of this Decree.
d/ To receive and settle the importing/exporting
enterprises’ complaints about the quality control they have conducted. If
damage is caused to importing/exporting enterprises due to their faults in the
import/export goods quality control, the control agencies shall have to refund
all the testing or control fees to the enterprises and, at the same time, make
compensation therefor as prescribed by law.
e/ To keep the control dossiers for 3 years
after issuing notices prescribed in Item 1.5 of this Regulation and produce
them to the competent agencies when so requested.
f/ To submit quarterly reports on the control
activities to the General Department of Standardization, Metrology and Quality
and/or the specialized managing ministries with the following contents:
- The volume, quantity and value of each goods
category having gone through the control;
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- The situation on complaints (if any) by
importing/exporting enterprises.
g/ To ask for permission of the Ministry of
Science, Technology and Environment (the General Department of Standardization,
Metrology and Quality) or the specialized managing ministries in case of:
- The change of the control area;
- The change or addition of their working
offices;
- The cessation or termination of their
operations;
3. CONTROL MODES, CONTENTS
AND PROCEDURES
3.1. Export goods quality control:
The export goods quality control shall only be
conducted at the departure port(s) by mode of examining the export goods
samples and lots. More concretely:
3.1.1. Examining the export goods samples:
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On the basis of the control contents and
requirements and depending on the characteristics of each goods category, the
control agency shall determine the quantity of samples to be sent for testing
and storing requirements.
b/ The control agency shall conduct the testing
of sample goods in terms of the quality norms set for them and notify the
testing results to the exporting enterprise for handling. The testing results
showing the goods samples have met the requirements shall serve as basis for
comparison with the subsequent export goods lots of the said enterprise. In
cases where the goods samples contain the quality norms incompatible with the
prescriptions, the control agency shall notify the enterprise thereof so that
the latter may re-handle the goods lot and send other goods samples for
inspection.
c/ Where the testing results show that the goods
samples satisfy the requirements, when the goods are gathered at the
border-gate, the exporting enterprise shall notify the control agency thereof
and, at the same time, send the latter the following additional dossiers:
- The paper on registration for the State
control of import/export goods quality;
- The export contract (duplicate copy);
After receiving the above-said additional
dossiers, the control agency shall examine the packing, labeling and outside
marks of the actually exported goods, comparing them with the already examined
goods samples. If the exported goods conform with the examined goods samples,
the control agency shall, within 1 day, issue a control result notice
(certifying that the lot of goods has gone through the quality control
procedures) which shall serve as basis for the clearance of the customs
procedures.
d/ Where the exported goods fail to conform with
the already examined goods samples in terms of their packing, labeling and
outside marks, the inspection of such goods lot shall comply with the order and
procedures prescribed for the export goods lot as mentioned in Item 3.1.2 of
this Regulation.
3.1.2. Examining the export goods lots:
a/ Before exporting a lot of goods, the
exporting enterprise shall submit the following dossiers to the control agency:
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- The export contract (the duplicate copy);
- The certificates (if any) of the goods� compatibility with the
Vietnamese Standards and the requirements set for the goods in the contract
signed with the importing country.
b/ After receiving a complete dossier, the
control agency shall take goods samples, conduct the quality control and
publicize the control results 5 days after taking the samples. Where the goods
samples meet the quality requirements, the control agency shall issue a control
result notice (certifying that the export goods meet the quality requirements).
Where the goods samples fail to meet the requirements, the control agency shall
issue a notice thereon to the exporting enterprise so that the latter re-handle
the lot of goods.
3.2. Import goods quality control:
The import goods quality control shall be
conducted at one of the two following places:
- The arrival port, or
- The departure port.
3.2.1. Control at the arrival port:
The control at the arrival port shall be
conducted by two modes:
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- Examining the import goods lot.
3.2.1.1. Examining the import goods samples:
a/ Before importing goods, the importing
enterprise shall send the import goods samples together with a catalogue
thereon supplied by the selling party as well as the relevant technical
documents to the control agency.
On the basis of the control contents and
requirements and depending on the characteristics of each goods category, the
control agency shall determine the quantity of samples to be sent for testing
and storing requirements.
b/ The control agency shall conduct the testing
according to the quality norms already set for the goods samples and notify the
testing results to the importing enterprise so that the latter may be aware of
and handle the matters. The testing results showing the goods samples meet the
set requirements shall serve as basis for comparison with the subsequent import
goods lots of the said enterprise.
c/ Where the testing results show that the goods
lot meets the requirements, when the import goods arrive at the border-gate,
the importing enterprise shall notify such to the control agency and, at the
same time, send the latter the following additional dossiers:
- The paper of registration for the State
control of the import/export goods quality;
- The duplicate copy of the goods list (if any),
invoices and bills of lading. For goods being lubricants for motors, an import
contract (the duplicate copy) is required;
- The deeds (if any) on the goods lot quality,
issued at the departure port.
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d/ Where the import goods fail to conform with
the examined goods samples in terms of their packing, labeling and outside
marks, the goods lot examination shall comply with the order and procedures for
import goods lot examination mentioned in Item 3.2.1.2. of these Regulations.
3.2.1.2. Examining the import goods lot:
a/ Where the importing enterprise fails to send
the goods samples for advance examination, when the import goods arrive at the
border-gate, such enterprise shall have to notify the control agency thereof
and submit the following dossiers:
- The paper of registration for the State
control of import/export goods quality;
- The duplicate copy of the goods list (if any),
invoices and bills of lading. For goods being motor lubricants, an import
contract (the duplicate copy) is required;
- The catalogue or technical documents related
to the goods, supplied by the seller.
b/ After fully receiving the above-said
dossiers, the control agency shall take goods samples and test them according
to the set norms.
Where the testing results conform to the
requirements of the import goods control bases, the control agency shall issue
a control result notice (certifying that the goods meet the quality
requirements for the import) to the enterprise, which shall serve as basis for
customs procedures clearance.
Where the testing results fail to meet the
requirements of the import goods control bases, the control agency shall notify
such to the enterprise and, at the same time to the competent State agencies
for handling according to the provisions of law.
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3.2.2. Control at the departure port:
The import goods control at the departure port
shall be effected according to the following order:
3.2.2.1. The Ministry of Science, Technology and
Environment (the General Department of Standardization, Metrology and Quality)
or the specialized managing ministries (which are assigned to manage the goods)
shall publicize lists of the recognized foreign expertise organizations as well
as the designated control agencies and expertise organizations, which shall be
selected by the importing enterprises to effect the goods inspection at the
departure ports.
3.2.2.2. In cases where an importing enterprise
selects a foreign expertise organization other than that on the above-mentioned
list, such importing enterprise shall have to provide the Ministry of Science,
Technology and Environment (the General Department of Standardization,
Metrology and Quality) or the specialized managing ministry the following
information and dossiers about such organization for consideration and
recognition:
- The name of the expertise organization;
- Its address, head office, telephone and fax
numbers;
- The area, scope and objects of its operation;
- Certificates of the compatibility of its
quality testing system with the International Organization for Standardization
(ISO) 9000; conformity with the ISO/IEC Guide 39; and recognition of its
testing laboratory (if any).
On the basis of the information in the dossiers,
the Ministry of Science, Technology and Environment (the General Department of
Standardization, Metrology and Quality) or the specialized managing ministry
shall issue a document, permitting or not permitting the said organization to
conduct the examination, and at the same time, notify this to the control
agency and the importing enterprise.
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3.2.2.4. When the import goods arrive at the
border-gate, the following order and procedures shall apply:
a/ The enterprise shall submit the following
additional dossiers:
- The paper of registration for the State
control of import/export goods quality;
- The notarized copy of the goods inventory (if
any), invoices and bills of lading. For goods being lubricants for motors, an
import contract (the duplicate copy) is required;
- The deed on the goods lot quality, issued by
the recognized foreign expertise organization, the designated control agency or
expertise organization at the departure port.
b/ The control agency shall examine the
conformity of the packing, labeling and outside marks of the actually imported
goods at the border-gate with the import dossier. If they conform each other,
the control agency shall, within 1 to 2 days, issue a control result notice
(certifying that the import goods have gone through all the quality control
procedures).
c/ Where the results of the examination of the dossiers
as well as the packing, labeling and outside marks of the actually imported
goods reveal incompatibility, such goods lot shall be subject to the control
procedures mentioned in Item 3.2.1.2 of this Regulation.
d/ The control expenses at the departure port
shall be agreed upon between the importing enterprise and the foreign expertise
organization or the control agency or expertise organization, which is
designated to carry out the control.
3.3. Exemption of import/export goods control:
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For the control exemption for each lot of goods,
before exporting or importing goods, the exporting/importing enterprise shall
file an application for the exemption of import/export goods quality control to
the control agency.
After fully receiving and examining the validity
of the goods dossier, if deeming that such dossier meets the requirements, the
control agency shall, within 1 day, issue a control result notice (on the
control exemption for the goods lot of the importing/exporting enterprise)
which shall serve as basis for customs procedures clearance.
3.4. The regime of alleviation of the
import/export goods control:
Subjects entitled to the control alleviation are
defined in Item 1.8 of this Regulation.
The conditions for application and the
implementation of the control alleviation regime shall be detailed in the
control regulations or procedures (for each type of goods), issued by the
General Department of Standardization, Metrology and Quality or the specialized
managing ministries according to the following principles:
- Reducing the control frequency (the number of
goods lots with samples taken repeatedly for inspection);
- Reducing the quantity of samples taken for
inspection;
- Reducing the control norms.
3.5. Import/export goods quality control and
testing fees:
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4. COMPLAINTS AND THE
SETTLEMENT THEREOF
4.1. Within 7 days after receiving a notice that
a goods lot fails to meet the quality requirements for import or export as
mentioned in Item 1.5. of this Regulation, the importing/exporting enterprise
may request the control agency that has conducted the goods quality control to
reconsider the examination results or re-examine the goods, provided that the
goods lot is maintained intact. If the re-examination results vary with the
results of the first examination, the importing/exporting enterprise shall not
have to pay the costs of such re-examination.
4.2. Importing/exporting enterprises may
complain about the control agencies’ conclusions on their goods, complain or
initiate administrative lawsuits against the violation-handling decisions of
competent agencies. The complaint and the settlement of complaints, the
initiation of lawsuits and the settlement of petitions shall comply with the
provisions of law.
5. INSPECTION AND HANDLING
OF VIOLATIONS
5.1. If an enterprise, which imports or exports
goods on the List of goods subject to the control, violates the provisions of
this document and the relevant documents, it shall be sanctioned according to
the provisions of the Government’s Decree No. 57/CP of May 31, 1997 on
sanctions against administrative violations in the field of metrology and goods
quality.
5.2. The agencies in charge of import/export
goods quality control shall be subject to the inspection and violation handling
by the specialized inspectorates regarding the goods quality control, in
conformity with the assignment of responsibility for the State management over
goods quality.
5.3. The Ministry of Science, Technology and
Environment shall coordinate with the specialized managing ministries in
designating the control agencies and, at the same time, have the competence to
temporarily suspend or revoke the right to the State control of import/export
goods quality of the designated control agencies if the latter fail to fully
exercise or improperly exercise the assigned State control competence
prescribed in this Regulation as well as the relevant documents.
5.4. State officials and employees of the
designated control agencies and expertise organizations who, while on duty,
show signs of dishonesty in examination and certification or deliberately
obstruct the importing/exporting enterprises shall, depending on the
seriousness of their violations, be disciplined, administratively sanctioned or
examined for penal liability according to the current provisions of law.
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THE MINISTRY OF
SCIENCE, TECHNOLOGY AND ENVIRONMENT
Chu Tuan Nha