Regulations on inspection of quality of goods circulating on market in Vietnam

Regulations on inspection of quality of goods circulating on market in Vietnam (Internet image)

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

On January 18, 2024, the Minister of Science and Technology issued Circular 01/2024/TT-BKHCN regulating State inspection of the quality of goods circulating on the market.

1. Content of inspection of quality of goods circulating on market in Vietnam

The inspection content is specified in Article 6 of Circular 01/2024/TT-BKHCN as follows:

(1)  Inspection of goods information

- Inspection of goods labels and mandatory enclosed documents as per regulation;

- Inspection of applied disclosure standards and conformity marks as per regulation;

- Inspection of codes and bar codes and traceability of the origin of products and goods as per regulation;

(2) Inspection of goods quality

- Inspection of the compatibility of goods compared to technical regulations, applied disclosure standards, goods labels, and enclosed documents;

- Inspection of other contents related to the quality of goods;

(3) During the inspection, if goods have signs of not ensuring their quality, the Head of the Inspection Team shall decide to collect samples according to Circular 01/2024/TT-BKHCN.

(4) Regarding e-commerce goods, aside from the inspection as prescribed in Clauses 1 and 2 of Article 6 of Circular 01/2024/TT-BKHCN, the Inspection Team shall compare the consistency of the information of actual goods subject to the inspection with the information on websites.

2. Order of inspection of goods circulating on the market in Vietnam

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

- 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;

+ Inspect the contents prescribed in Article 6 of this Circular;

+ Formulate an inspection record following Form No. 3. BB/DKT of the Appendix enclosed with Circular 01/2024/TT-BKHCN. The inspection record shall bear the signatures of the seller and the Head of the Inspection Team.

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.

- 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;

+ 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. 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.

- 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.

More details can be found in Circular 01/2024/TT-BKHCN taking effect on March 3, 2024.

At the same time, Circular 26/2012/TT-BKHCN and Circular 12/2017/TT-BKHCN expire from the effective date of Circular 01/2024/TT-BKHCN.

Nguyen Ngoc Que Anh

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