Order of inspection of goods circulating on the market in Vietnam

Regarding this matter, LawNet would like to answer as follows:

1. How many forms of inspections of the quality of goods circulating on the market are there in Vietnam?

According to the provisions of Article 5 of Circular 01/2024/TT-BKHCN, forms of inspections of the quality of goods circulating on the market are as follows:

(1) Inspections under annual plans approved by competent authorities

- Regarding development of an inspection plan: Annually, the inspection authority shall, based on the management requirements and developments in the quality of goods and products, assess:

+ Compliance with the law on product and goods quality;

+ Based on the previous inspection results;

+ Based on the budget, and directive of the superior management authority.

From there, develop an inspection plan according to Clause 2 Article 47 of the Law on Product and Goods Quality 2007 on examination of product and goods quality. Specifically:

a/ Examining conformity evaluation results, goods labels, standard - or regulation-conformity stamps and documents accompanying products or goods subject to examination;

b/ Testing samples according to announced applicable standards or relevant technical regulations when necessary.

- Regarding facilities approved in the annual inspection plan:

+ According to actual situations or requests from the management authority, if the inspection authority does not carry out the inspection at a specific facility subject to inspection, it shall send an official dispatch to such a facility to request for reports on compliance with laws concerning products and goods currently in business of the facility.

+ If there are signs of violations of standards, measurement, quality, and goods labels through reports of the facility subject to inspection, the inspection authority shall conduct an irregular inspection according to Circular 01/2024/TT-BKHCN.

(2) Irregular inspections of the quality of goods circulating on the market

The grounds to carry out an irregular inspection of the quality of goods circulating on the market shall comply with the following.

- Information on and warnings about goods circulating on the market not conforming with the conditions prescribed in Article 38 of the Law on Product and Goods Quality 2007.

- Feedback in any form from domestic and foreign organizations and individuals regarding signs of violations against regulations on the quality of products and goods and goods labels.

- Results of surveys or inspections of the quality of goods circulating on the market indicate that such goods have labels contrary to regulations or signs of quality not conforming with the applied disclosure standards or corresponding technical regulations.

- Management requirements or requests from competent agencies, organizations, and individuals regarding the quality of delivered products and goods.

Thus, there are two forms of inspections of the quality of goods circulating on the market: inspections under annual plans and irregular inspections when there are grounds to suspect the quality or labeling of goods does not comply with legal regulations.

2. What are the regulations on order of inspection of goods circulating on the market in Vietnam?

According to the provisions of Article 7 of Circular 01/2024/TT-BKHCN, the order of inspection of goods circulating on the market in Vietnam is as follows:

(1) An Inspection Team shall carry out an inspection according to the following steps:

- Disclose an inspection decision before carrying out the inspection. The inspection decision shall be formulated following Form No. 1. QD/DKT of the Appendix enclosed with Circular 01/2024/TT-BKHCN;

Form No. 1. QD/DKT Download

- Inspect the contents prescribed in Article 6 of Circular 01/2024/TT-BKHCN;

- Formulate an inspection record following Form No. 3. BB/DKT of the Appendix enclosed herewith. The inspection record shall bear the signatures of the seller and the Head of the Inspection Team.

Form No. 3. BB/DKT Download

If the seller does not sign the record, the record shall bear the signature of the representative of the authority of the commune, ward, or commune-level town (hereinafter referred to as “commune-level authority”) or the signature of at least one witness confirming that the seller does not sign the record.

If the record does not bear the signature of the representative of the commune-level authority or the witness, the Inspection Team shall specify the reason in the record and submit a written report to the inspection authority. The record shall still have legal value if it bears the signatures of the Head and members of the Inspection Team.

If the Inspection Team collects goods samples, comply with Article 8 of Circular 01/2024/TT-BKHCN;

- Handle and provide suggestions according to Article 10 of Circular 01/2024/TT-BKHCN;

- Submit a report on the inspection results to the inspection authority.

(2) A quality inspector shall carry out an independent or irregular inspection according to the following steps:

- Disclose an inspection decision promulgated by a competent person and present the quality inspector card before carrying out the inspection. The inspection decision shall be formulated following Form No. 2. QD/KSV of the Appendix enclosed with Circular 01/2024/TT-BKHCN;

Form No. 2. QD/KSV Download

- Inspect the contents prescribed in Article 6 of Circular 01/2024/TT-BKHCN;

- Formulate an inspection record following Form No. 4. BB/KSV of the Appendix enclosed with Circular 01/2024/TT-BKHCN. The inspection record shall bear the signatures of the seller and the quality inspector.

Form No. 4. BB/KSV Download

If the seller does not sign the record, the record shall bear the signature of the representative of the commune-level authority or the signature of at least one witness confirming that the seller does not sign the record.

If the record does not bear the signature of the representative of the commune-level authority or the witness, the quality inspector shall specify the reason in the record and submit a written report to the inspection authority. The record shall still have legal value if it bears the signature of the quality inspector;

- Handle and provide suggestions according to Article 10 of Circular 01/2024/TT-BKHCN;

- Submit a report on the inspection results to the inspection authority.

(3) In case of an inspection of the quality of e-commerce goods, the authority taking charge of the inspection shall identify or confirm the name and address of the seller before carrying out the inspection.

The inspection order shall comply with Clauses 1 and 2 of Article 7 of Circular 01/2024/TT-BKHCN.

Key word: goods circulating on the market in Vietnam | in Vietnam | Vietnam | goods circulating on the market | inspection |

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