What are procedures for examination of imported goods quality in Vietnam?

What are conditions for ensuring imported goods quality in Vietnam?

Pursuant to Article 34 of the Law on Product and Goods Quality in 2007 stipulating conditions for ensuring imported goods quality in Vietnam as follows:

Conditions for ensuring imported goods quality

1. Imported goods must have their applicable standards announced according to Article 23 of this Law and be labeled according to the labeling law.

2. Imported group-2 goods must be announced in terms of regulation conformity and certified in terms of conformity with relevant technical regulations related to the production process and end products by designated or accredited certification organizations according to Article 26 of this Law.

3. When imported, group-2 goods which fail to comply with Clause 2 of this Article must be inspected at the border gates of export or import by designated or accredited inspection organizations.

4. When imported, group-2 goods must have quality examined according to the contents specified in Clause 2 of Article 27 and the order and procedures specified in Article 35 of this Law.

As regulations above, conditions for ensuring imported goods quality are as follows:

[1] Imported goods must have their applicable standards.

[2] Imported goods must be labeled according to the labeling law.

[3] Imported group-2 goods must be announced in terms of regulation conformity and certified in terms of conformity with relevant technical regulations.

[4] When imported, group-2 goods which fail to comply with [3] must be inspected at the border gates of export or import by designated or accredited inspection organizations.

[5] When imported, group-2 goods must have quality examined according to the procedures for examination of imported goods quality.

What are procedures for examination of imported goods quality in Vietnam? - Image from Internet

What are procedures for examination of imported goods quality in Vietnam?

Pursuant to Article 35 of the Law on Product and Goods Quality in 2007 stipulating procedures for examination of imported goods quality in Vietnam as follows:

Step 1: Product and goods quality examination agencies shall receive importers dossiers of registration for quality examination, including:

- Written registration of quality examination

- A copy of the authenticated quality certificate

- Related technical documents

- A copy of the sale and purchase contract

- A list of goods accompanying the contract

Step 2: After receiving the dossier, the product and goods quality examination agencies shall consider the validity and completeness of the dossiers.

Step 3: The product and goods quality examination agencies shall conduct examination according to following contents:

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

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

Step 4: The product and goods quality examination agencies shall notifying examination results to importers, certifying that the goods meet the quality requirements so that they can proceed with import procedures at customs agencies.

In case of handling violations during the examination, the product and goods quality examination agencies shall carry out as follows:

- For goods having certificates of conformity evaluation results but failing to meet the requirements on labeling, standard - or regulation-conformity stamps, product and goods quality examination agencies shall request importers to remedy them before making certification for those importers to carry out import procedures at customs agencies.

- If goods meet labeling requirements but having no certificates of conformity evaluation results, product and goods quality examination agencies shall request importers to select one of designated or accredited inspection organizations to conduct evaluation and grant import certificates at the border gates of import or export.

- If goods quality testing or inspection results show that the goods fail to conform to announced applicable standards or relevant technical regulations of Vietnam, product and goods quality examination agencies shall report and propose handling measures to competent state agencies; depending on the nature and severity of violations of quality control requirements, competent state agencies shall decide on compulsory re-export, destruction or reprocessing of the goods, and at the same time, notify such to customs agencies for coordinated handling and to importers for implementation.

- After customs clearance, imported goods may be circulated on the market and subject to quality examination.

What are procedures for examination of the quality of goods circulated on the market in Vietnam of the inspection team?

Pursuant to Clause 1 Article 39 of the Law on Product and Goods Quality in 2007 stipulating procedures for examination of the quality of goods circulated on the market as follows:

Order and procedures for examination of the quality of goods circulated on the market

1. An inspection team shall conduct examination according to the following order and
procedures:

a/ Producing the examination decision before examination;

b/ Conducting examination according to the contents specified in Clause 2, Article 27 of this Law;

c/ Making an examination record;

d/ Notifying examination results to the seller and reporting thereon to product and goods quality examination agency;

e/ Handling violations according to Article 40 of this Law.

...

As regulations above, procedures for examination of the quality of goods circulated on the market in Vietnam of the inspection team are as follows:

Step 1: The inspection team shall produce the examination decision before examination

Step 2: The inspection team shall examination according to following contents:

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

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

Step 3: The inspection team shall make an examination record

Step 4: The inspection team shall notify examination results to the seller and reporting thereon to product and goods quality examination agency

Step 5: In case of handling violations, the inspection team shall carry out as follows:

- During the examination of quality of goods circulated on the market, if detecting that the goods fail to meet the requirements on labeling, standard-or regulation-conformity stamps, quality control measures under relevant technical regulations and conditions related to the production process, examination teams or quality controllers shall handle violations according to the following steps:

+ Requesting sellers to suspend the sale of goods and report thereon within 24 hours to product and goods quality examination agencies for handling according to their competence;

+ Requesting sellers to contact producers or importers in order to take remedies, or repair the goods;

+ If the sellers continue violations, at the request of examination teams or quality controllers, product and goods quality examination agencies shall, within 7 working days after obtaining conclusions on violations of production and business organizations or individuals, announce on the mass media the names of the sellers, addresses of goods selling places, appellations of goods, and extent of their unconformity with the set regulations or standards:

+ If the sellers continue violations despite the public announcement, product and goods quality examination agencies shall propose competent state agencies to handle them in accordance with law.

- If the goods sample-testing results do not conform to announced applicable standards or relevant technical regulations, depending on the nature and severity of violations, examination teams or quality controllers shall apply the following handling measures:

+ Sealing the goods, not permitting the sellers to continue selling the goods and, within 24 hours, reporting to product and goods quality examination agencies for handling according to their competence;

+ Requesting sellers to contact producers or importers in order to take remedies or repair the goods;

+ If sellers continue violations or the goods which are unconformable to announced applicable standards or relevant regulations threaten the safety of humans, animals, plants, assets or the environment, product and goods quality examination agencies shall announce on the mass media the names and addresses of business organizations or individuals, appellations of the goods, and extent of their unconformity with the set regulations or standards;

+ If sellers continue violations despite the public announcement, product and goods quality examination agencies shall propose competent state agencies to handle violations in accordance with law.

- If detecting that goods circulated on the market fail to conform to announced applicable standards or relevant technical regulations, depending on the nature and severity of violations, product and goods quality examination agencies shall examine product quality according to the procedures for examination of the quality of goods circulated on the market.

Best regards!