What are the procedures for inspection of the quality of goods circulated on the market in Vietnam from March 3, 2024?
- What are the contents of the inspection of the quality of goods circulated on the market in Vietnam?
- What are the procedures for inspection of quality of goods circulated on the market in Vietnam?
- What are the forms of inspection for quality of goods circulated on the market in Vietnam under the Circular 01/2024/TT-BKHCN?
What are the contents of the inspection of the quality of goods circulated on the market in Vietnam?
On January 18, 2024, the Ministry of Science and Technology issued Circular 01/2024/TT-BKHCN regarding the state inspection of the quality of goods circulated on the market in Vietnam.
Specifically, according to Article 6 of Circular 01/2024/TT-BKHCN, the inspection of the quality of goods circulated on the market includes the following contents:
First, inspection of goods information, including:
- Inspection of product labels and accompanying documents as required.
- Inspection of applicable declared standards, conformity marks, and conformity labels as regulated.
- Inspection of product codes, barcodes, and product origin traceability as required.
Second, inspection of the quality of goods, including:
- Inspection of the conformity of goods with applicable technical standards, declared standards, product labels, and accompanying documents.
- Inspection of other quality-related contents of the goods.
During the inspection process, if there are indications that the quality of goods is not ensured, the head of the inspectorate shall decide to take samples according to the provisions in Circular 01/2024/TT-BKHCN.
Additionally, for goods traded in e-commerce activities, in addition to the inspections specified in paragraphs 1 and 2 of Article 6 of Circular 01/2024/TT-BKHCN, the inspectorate shall compare the consistency of the information on electronic platforms with the actual goods being inspected.
What are the contents of the inspection of the quality of goods circulated on the market in Vietnam? What are the procedures?
What are the procedures for inspection of quality of goods circulated on the market in Vietnam?
According to Article 7 of Circular 01/2024/TT-BKHCN, the inspection of quality of goods circulated on the market is conducted in the following sequence:
(1) For inspectorates, the inspection is carried out according to the following steps:
- Step 1: Prior to conducting the inspection, the inspection decision must be announced. The inspection decision is made in accordance with Form 1. QD/DKT in the Appendix issued with Circular 01/2024/TT-BKHCN.
- Step 2: The inspection is conducted in accordance with the provisions in Article 6 of Circular 01/2024/TT-BKHCN.
- Step 3: The inspection report is prepared using Form 3. BB/DKT in the Appendix issued with Circular 01/2024/TT-BKHCN. The inspection report must be signed by the seller and the head of the inspectorate. Here
If the seller does not sign the report, it must be signed by the representative of the local authorities or at least one witness to confirm that the seller did not sign the report.
If the report does not have the signature of the local authorities or the witness, the inspectorate must clearly state the reason in the report and report it to the inspection authority in writing. The inspection report with the signature of the head of the inspectorate and the members of the team still has legal validity.
If the inspectorate takes samples of goods, they must follow the regulations in Article 8 of Circular 01/2024/TT-BKHCN.
- Step 4: Handle and make recommendations according to the provisions in Article 10 of Circular 01/2024/TT-BKHCN.
- Step 5: Report the inspection results to the inspection authority.
(2) For quality control inspectors, the independent and surprise inspections are conducted according to the following steps:
- Step 1: Prior to conducting the inspection, the inspection decision must be announced by the authorized person and the quality control inspector must present their inspector card. The inspection decision is made in accordance with Form 2. QD/KSV in the Appendix issued with Circular 01/2024/TT-BKHCN.
- Step 2: The inspection is conducted in accordance with the provisions in Article 6 of Circular 01/2024/TT-BKHCN.
- Step 3: The inspection report is prepared using Form 4. BB/KSV in the Appendix issued with Circular 01/2024/TT-BKHCN. The inspection report must be signed by the seller and the quality control inspector. Here
+ If the seller does not sign the report, it must be signed by the representative of the local authorities or at least one witness to confirm that the seller did not sign the report.
+ If the report does not have the signature of the local authorities or the witness, the quality control inspector must clearly state the reason in the report and report it to the inspection authority in writing. The inspection report with the signature of the quality control inspector still has legal validity.
- Step 4: Handle and make recommendations according to the provisions in Article 10 of Circular 01/2024/TT-BKHCN.
- Step 5: Report the inspection results to the inspection authority.
(3) In the case of inspecting the quality of goods in e-commerce activities, the governing authority for inspection determines or verifies the seller's information (name, address) before conducting the inspection.
The inspection procedure is carried out according to paragraphs 1 and 2 of Article 7 of Circular 01/2024/TT-BKHCN.
What are the forms of inspection for quality of goods circulated on the market in Vietnam under the Circular 01/2024/TT-BKHCN?
Based on Article 5 of Circular 01/2024/TT-BKHCN, the forms of inspection for quality of goods circulated on the market in Vietnam are as follows:
(1) Scheduled inspections approved by the authorized authority:
- Develop the inspection plan: Annually, the inspection agency based on the requirements of quality management, product quality situation, evaluation of compliance with regulations on product quality and goods, results of previous inspections, budget situation, and guidance of the higher management agency to develop the inspection plan as prescribed in Article 2 of Article 47 of the Law on Product Quality, Goods 2007.
- For establishments approved in the annual plan, based on the actual situation or at the request of the management agency, if the inspection agency does not inspect at the establishment, a letter shall be sent to the establishment requesting a report on compliance with the relevant laws and regulations regarding the products and goods being traded. If there are signs of violations of standards, measurements, quality, and labeling of goods through the reports of the inspected establishments, the inspection agency shall conduct surprise inspections as prescribed in Circular 01/2024/TT-BKHCN.
(2) Unscheduled inspection of quality of goods circulated on the market in Vietnam:
Basis for unexpected inspection of quality of goods circulated on the market in Vietnam as prescribed in Clauses 1, 2, 3 and 4, Article 4 of Circular 01/2024/TT-BKHCN on basis of inspection of quality of goods circulated on the market.
Circular 01/2024/TT-BKHCN comes into force from March 3, 2024.
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