06 Bases for state inspection of product and goods quality under the management of the Ministry of Science and Technology in Vietnam

06 Bases for state inspection of product and goods quality under the management of the Ministry of Science and Technology in Vietnam (Internet image) 

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

On December 29, 2023, the Minister of Science and Technology issued Circular 24/2023/TT-BKHCN regulating state inspection of the quality of products and goods in production under the management responsibility of the Ministry.

06 Bases for state inspection of product and goods quality under the management of the Ministry of Science and Technology in Vietnam

State inspection of the quality of products and goods in production under the management responsibility of the Ministry of Science and Technology will be based on the following grounds:

(1) Information and warnings about exported goods that do not comply with the conditions specified in Article 32 of the Law on Product and Goods Quality 2007.

Article 32. Conditions for ensuring exported goods quality

1. Goods exporters must ensure that exported goods comply with regulations of importing countries, contracts or international treaties or agreements on mutual recognition of conformity results with related countries or territories.

2. Producers must apply relevant technical regulations to the production process or form and apply by themselves control systems in order to ensure the quality of their products.

(2) Information reported in any form by domestic and foreign organizations and individuals about signs of violation of product quality, goods, and labels.

(3) Results of a survey or quality inspection of goods circulating on the market detect goods with labels that do not comply with regulations or signs of quality inconsistent with applicable announced standards,
corresponding technical regulations.

(4) According to the management requirements of competent authorities.

(5) Decision to cancel all or part of the validity of the Certificate of Conformity with national technical regulations of conformity assessment organizations; Inappropriate assessment results of conformity assessment organizations.

(6) According to the annual inspection plan approved by the competent authority.

(Article 4 of Circular 24/2023/TT-BKHCN)

Forms of State inspection of product and goods quality under the management of the Ministry of Science and Technology in Vietnam

Specifically, Article 5 of Circular 24/2023/TT-BKHCN regulates the form of state inspection of the quality of products and goods in production under the management responsibility of the Ministry of Science and Technology as follows:

(1) Planned inspection

- Develop inspection plans:

Every year, inspection agencies base their decisions on management requirements, developments in product and goods quality, and compliance with legal regulations on product and goods quality; previous exam results; Funding situation and direction of superior management agencies to develop inspection plans according to the provisions of Clause 2 of Article 47 of the Law on Product and Goods Quality 2007.

Based on the inspection plan approved by the competent authority, no later than November 30 of each year, the inspection plan for the following year must be issued.

- Before conducting a planned inspection, the inspection agency notifies organizations and individuals producing products and goods (inspected facilities) at least 03 working days in advance.

- For establishments included in the approved inspection plan, based on the actual situation or at the request of the management agency, if the inspection agency does not conduct the inspection at the establishment, it shall send a letter to the establishment requesting a report on compliance with the relevant legal provisions regarding the products and goods being produced by the establishment.

If there are signs of violation of standards, measurements, quality, or product labels through reports of the inspected facility, the inspection agency will conduct a surprise inspection according to the provisions of (2).

(2) Unscheduled inspection

Product and goods quality inspection agencies conduct unexpected inspections in production when there is one of the grounds specified in Clauses 1, 2, 3, 4, 5, Article 4 of Circular 24/2023/TT-BKHCN.

More details can be found in Circular 24/2023/TT-BKHCN, taking effect on February 15, 2024.

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