What is the form of the sampling report on state inspection of the quality of goods circulated on the market in Vietnam? What are the sampling procedures?
- What is the form of the sampling report on state inspection of the quality of goods circulated on the market in Vietnam?
- How to handle if the quality of goods is suspicious during the inspection procedure in Vietnam?
- What are the procedures for sampling goods for testing serving the goods quality inspection in Vietnam?
- What are the procedures for inspection of goods circulated on the market in Vietnam?
What is the form of the sampling report on state 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 regulations on state inspection of the quality of goods circulated on the market in Vietnam.
Specifically, in Form 5. BBLM, which is an appendix issued along with Circular 01/2024/TT-BKHCN, the form of the sampling report is as follows:
Download form of the sampling report: Here
What is the form of the sampling report on state inspection of the quality of goods circulated on the market in Vietnam? What are the sampling procedures? (Image from the Internet)
How to handle if the quality of goods is suspicious during the inspection procedure in Vietnam?
According to Clause 1, Article 8 of Circular 01/2024/TT-BKHCN, if during the inspection procedure, the quality of goods is suspicious, the Head of the Inspectorate shall handle it as follows:
- Sample the goods and prepare a report according to Form 5. BBLM, which is an appendix issued along with Circular 01/2024/TT-BKHCN.
- Request the seller to provide invoices, documents, and relevant materials related to the sampled goods to serve as a basis for determining the quantity of non-compliant goods consumed in cases of quality violations.
- Along with the representative of the inspected establishment, determine the quantity of the batch of goods sampled at the nearest importation prior to the inspection sampling, as well as at the time of the inspection sampling.
The sample goods are randomly selected to represent the batch of goods being inspected. The quantity of each sample unit is sufficient to test the required management criteria and prescribed testing methods. The Inspectorate sends one (01) sample unit for testing, and the inspected establishment has the right to retain or keep no more than three (03) sample units as a reference for comparison with the sample unit sent for testing.
In cases where the goods do not have enough quantity for sampling or the batch cannot be identified, the Inspectorate shall conduct quality survey sampling according to the provisions in Clause 2, Article 9 of Circular 01/2024/TT-BKHCN.
What are the procedures for sampling goods for testing serving the goods quality inspection in Vietnam?
According to Clause 2, Article 8, of Circular 01/2024/TT-BKHCN, the procedures for sampling goods for testing serving the goods quality inspection are conducted as follows:
- Firstly, prepare a sampling report for the goods according to Form 5. BBLM in the appendix issued along with Circular 01/2024/TT-BKHCN.
- Secondly, the sampled goods must be sealed according to Form 8. TNPM in the appendix issued along with Circular 01/2024/TT-BKHCN, and the sealing label must bear the signatures of the sampler and the seller.
In cases where the seller does not sign the sampling report or seal the sample, the sampling report and sample seal must bear the signature of the representative of the commune-level authority or at least one witness who confirms the seller's refusal to sign the report or seal the sample. If the sampling report and sample seal do not have the signature of the commune-level authority or witness, the reason must be clearly stated in the report. The sampling report and sample seal, bearing the signatures of the sampler, the Head of the Inspectorate, and the team members, still hold legal validity.
What are the procedures for inspection of goods circulated on the market in Vietnam?
According to Article 7 of Circular 01/2024/TT-BKHCN, the inspection of goods circulated on the market in Vietnam is conducted in the following order:
(1) For inspectorates, the inspection process includes the following steps:
Step 1: Announce the decision to inspect before conducting the inspection. The inspection decision is prepared according to Form 1. QĐ/ĐKT in the appendix issued along with Circular 01/2024/TT-BKHCN. Here
Step 2: Conduct the inspection according to the provisions in Article 6 of Circular 01/2024/TT-BKHCN.
Step 3: Prepare an inspection report according to Form 3. BB/ĐKT in the appendix issued along with Circular 01/2024/TT-BKHCN. The inspection report must be signed by the seller and the Head of the Inspectorate. Here
+ In case the seller does not sign the report, it must be signed by the representative of the commune-level authority or at least one witness who confirms the seller's refusal to sign.
+ If the report does not have the signature of the commune-level authority or witness, the Inspectorate must state the reason in the report and report it in writing to the inspecting authority. The inspection report, bearing the signatures of the Head of the Inspectorate and the team members, still holds legal validity.
+ If the Inspectorate takes samples of goods, they must follow the provisions 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 inspecting authority.
(2) For Quality Control Inspectors, the independent and surprise inspection process includes the following steps:
Step 1: Announce the decision to inspect, which is issued by the authorized person and presented along with the quality control inspector card before the inspection. The inspection decision is prepared according to Form 2. QĐ/KSV in the appendix issued along with Circular 01/2024/TT-BKHCN. Here
Step 2: Conduct the inspection according to the provisions in Article 6 of Circular 01/2024/TT-BKHCN.
Step 3: Prepare an inspection report according to Form 4. BB/KSV in the appendix issued along with Circular 01/2024/TT-BKHCN. The inspection report must be signed by the seller and the quality control inspector. Here
+ In case the seller does not sign the report, it must be signed by the representative of the commune-level authority or at least one witness who confirms the seller's refusal to sign.
+ If the report does not have the signature of the commune-level authority or witness, the quality control inspector must state the reason in the report and report it in writing to the inspecting authority. The inspection report, bearing the signature of the quality control inspector, still holds 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 inspecting authority.
(3) In the case of inspection of the quality of goods in e-commerce activities, the inspecting authority determines or verifies the seller's information (name, address) before the inspection.
The inspection procedure follows the provisions in paragraphs 1 and 2 of Article 7 of Circular 01/2024/TT-BKHCN.
Circular 01/2024/TT-BKHCN comes into force from March 3, 2024.
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