Accordingly, if the assessment Certificate does not clearly present manufacturing and the conformity with standards, regulations of already - used machinery, equipment, it is not eligible for the import
As the result, the inspection of quality of group - 2 commodities under the management of Ministry of Labour - Invalids and Social Affairs currently is still carried out according to the regulations of Circular No. 03/2010/TT-BLDTBXH. Accordingly, the inspection of quality of group - 2 commodities is only applicable to production process rather than applicable to imports, exports.
- With regard to goods, products with low risky level, the regulation conformity announcement shall be carried out based on results of self-assessment of conformity of organizations, individuals.
- With regard to goods, products with high risky level, the regulation conformity announcement shall be carried out based on results of certification of designated certifying organizations.
- With regard to goods, products other than the 2 cases mentioned above, the regulation conformity announcement shall be carried out based on results of certification of certifying organizations that have registered or have been recognized in accordance with legislation.
Accordingly, in case an export processing enterprise (EPE) buys goods derived from import from a foreign country and the goods have been undergone the specialized inspection of quality upon the import from the foreign country into Vietnam, the EPE must not conduct the specialized inspection when it buys such goods.
- To supplement requirements which producers must fulfill before selling their products freely in the market with regard to goods having codes and barcodes attached thereon (Clause 2, Clause 9 Article 1).
- To supplement regulations on allowing the conformity declaration for group 2 products based on any of these bases: results of assessment of conformity; Certification results produced by legally registered or recognized certification bodies; Certification results produced by legally designated certification bodies (Clause 2 Article 1).
- To supplement procedures for registration of state inspection pertaining to quality and procedures for customs clearance with regard to each case of conformity declaration (Clause 3 Article 10).
- To supplement regulations on group 2 products, goods exempt from quality inspection when they are imported (Clause 3 Article 1).
- To supplement responsibilities of organizations and individuals that are licensed to manufacture and freely sell products and commodities when they find out that products and commodities currently in free circulation are not conformable with the safety requirements set forth in relevant standards and technical regulations, or may inflict any harm on people, animals, plants, property, or environment (Clause 6 Article 1).
- To supplement regulations on determination of value of consumed violating products and goods (Clause 6 Article 1).
- To supplement requirements of and procedures for designation of the Conformity assessment body (Clause 8 Article 1).
Accordingly, with regard to organizations using codes and barcodes compliant with GS1 standards and prefixed with “893” defined by GS1 as the country code of Vietnam, they shall carry out procedures for issue of the Certificate of code and barcode use right at competent state agencies.
For organizations’ foreign codes compliant with GS1 standards, they must ensure that their codes or barcodes are issued by foreign competent authorities or used according to a foreign code owner’s authorization. In case of being authorized by an owner of a foreign code, these organization using foreign codes must inform competent regulatory authority to get confirmation of use of the foreign codes.
Regarding inspection of imports’ quality, this Decree allows the exemption from inspection within a period of 02 years with regard to imported goods (excluding means of transport) that have the same name, usage, brand, type, technical specifications, are made by a manufacturer, are of the same origin, and are imported by the same importer, and, after 03 consecutive imports, gain the results of conformity with the national technical regulations.
However, with regard to portable belongings, goods of diplomatic organizations and individuals, goods temporarily imported for display or advertisement at trade fairs, gifts or donations exempt from quality inspection, this Decree specifies that they do not include motor vehicles, special-duty vehicles, and electric bicycles.
Accordingly, agricultural machinery, equipment are removed from the list of goods subject to the quality inspection upon the import.
The promulgation of HS codes for the list of agricultural machinery, equipment at Annex 10 of Circular No. 24/2017/TT-BNNPTNT is only for the purpose of determining HS codes rather than for inspecting quality of imported agricultural machines, equipment.
Unit that is assigned to inspect quality of the above machinery, equipment is FCC Control and Fumigation Joint Stock Company; Address: No. 45 Dinh Tien Hoang Street, Ben Nghe Ward, District 1, Ho Chi Minh City.
In particular, a fine of from VND 2, 000,000 to VND 4,000,000 is increased to a fine from VND 10,000,000 to VND 20,000,000, which shall be imposed on failure to make a declaration about applicable standards in production or import of goods.
A fine of from VND 6, 000,000 to VND 10,000,000 is increased to a fine from VND 20,000,000 to VND 40,000,000 which shall be imposed if the produced/imported goods have quality not reaching the declared standards.
The maximum fine level imposed on violations against regulations on declaration standard conformity is increased from VND 50,000,000 to VND 200,000, 000.
The maximum fine level imposed on violations against regulations on declaration of regulation conformity is increased from VND 100,000,000 to VND 300,000, 000.
This Decree takes effect from December 15th, 2017 and replaces Decree No. 80/2013/NĐ-CP dated July 19th, 2013.
- With regard to steel products (except for steel used for making concrete reinforcing): The importer may submit the written registration certified by the inspecting agency for customs clearance;
- With regard to motorcycle helmets, kid toys, steel used for making concrete reinforcing, electronic and electronic equipment (safety, electromagnetic compatibility): The importer may submit the written registration certified by the inspecting agency for customs clearance;
- With regard to petrol, diesel oil and biofuel, liquefied petroleum gas (LPG): the importer may submit the authenticated copy of the Announcement of quality inspection results for customs clearance.