Receiving the recommendations of Ngoc Tung Production and Trading Services Joint Stock Company on inadequacies in the regulation of taking samples for analyzing product quality in Circular 12/2017 / TT-BKHCN, General Department of Standards, Metrology and Quality. There is a written response to this issue.

According to the proposal of Ngoc Tung Company sent through the receiving and responding system of to businesses’ recommendation, Circular 12/2017 / TT-BKHCN stipulates that goods sellers and production units are not allowed to take samples of 2nd product quality analysis when suspecting improper sampling, or erroneous sample storage, transportation and analysis are in inaccurate causing  difficulties for businesses and easily rise negative problems.

Regarding this issue, The Directorate for Standards, Metrology and Quality, Ministry of Science and Technology, responded as follows:

The provisions of Clause 3, Article 1 of Circular No. 12/2017 / TT-BKHCN amending and supplementing Points a, c, Clause 2, Article 6 of Circular No. 26/2012 / TT-BKHCN do not deprive the right to appeal of the seller. This right is stipulated in Clause 5, Article 15 and Clause 1, Article 64 of the Law on Product Quality, under which the seller has the right to appeal the conclusions of the inspection team (including the conclusion of the sample test results) and the decision of the competent inspection authority.

According to Article 65 of the Law on Product and Quality of Goods, state agencies and persons competent to settle complaints shall consider and settle complaints according to the provisions of the legislation on complaints.

Clause 3, Article 1 of Circular No. 12/2017 / TT-BKHCN amending and supplementing Point a, Point c, Clause 2, Article 6 of Circular No. 26/2012 / TT-BKHCN stipulates: “… Each sample is divided do two sample units, one sample unit for testing, one sample unit stored at the inspection agency ... ”. With this provision and the provisions of Clause 5, Article 15 and Clause 1, Article 64 of the Law on Product Quality, the "sample unit kept at the inspection agency" shall be used to settle complaints of the seller (if any) regarding the conclusions of the inspection team about the sample testing results or the sellers' complaints (if any) regarding the decisions of the inspection agency or competent State management agency due to   incorrect sample test results.

Agency inspecting / taking samples for quality testing shall comply with Clause 3, Article 1 of Circular No. 12/2017 / TT-BKHCN dated September 28, 2017 of the Ministry of Science and Technology, amending, supplementing a number of articles of Circular No. 26/2012 / TT-BKHCN of December 12, 2012 of the Ministry of Science and Technology stipulating the State inspection of quality of goods circulated in the market: to be taken by the sampling method prescribed in relevant standards, technical regulations or relevant laws ... ". Accordingly, the sampling, preservation and sample transport process are carried out by inspection / inspection agencies in accordance with the law, as well as the manufacturer's recommendations, if any.