(Chinhphu.vn) – Through the receiving and responding system to recommendations of enterprises, the Ngoc Tung Production and Trading Services Joint Stock Company reflects inadequacies in the regulations on sampling and analyzing product quality in the Circular 12/2017 / TT- The Ministry of Industry and Trade and would like to request the competent authorities to consider and adjust.

According to the  Ngoc Tung Production and Trading Services Joint Stock Company, the Circular 12/2017 / TT-BKHCN stipulates that goods sellers and units of production are not allowed to take samples for analyzing product quality 2 when it is suspected that sampling process is not correct as stipulated or the process of storage, transportation and analysis of samples have errors,  leading to inaccurate results, these cause difficulties for businesses and be easy to rise to negative consequences. .

According to the Company's reflection, previously the Ministry of Science and Technology issued a Circular No. 26/2012 / TT-BKHCN dated December 12, 2012 which contains the provisions on goods quality control at Point d, Clause 2, Article 9 is as follows: “In case of disagreement with the sample test results, within 2 working days after receiving the notice of sample test results that do not meet quality standards, the seller a written request may be made to the testing agency for samples stored at another designated testing organization. This test result is the basis for the inspection agency to handle and final conclusions. The cost of testing this sample is paid by the seller. ”

However, on September 28, 2017, the Ministry of Science and Technology issued a Circular No. 12/2017 / TT-BKHCN on amending and supplementing a number of articles of the Circular 26/2012 / TT-BKHCN on December 12, 2012 of the Ministry of Science and Technology regulates the State inspection of the quality of goods circulated in the market.

Accordingly, the Circular No. 12/2017 / TT-BKHCN does not give sellers and the manufacturing unit the right to take a second sample of product quality analysis even if there is a doubt about the sampling process. The product is not in compliance with Vietnamese standards and the process of storage, transport and analysis of samples has errors, resulting in inaccurate quality analysis results.

In fact, the process of manufacturing - trading fertilizer products and plant protection products in enterprises, when the inspection / quality control agencies take samples, it causes errors in the sampling process. due to the following reasons:

1. The process of taking a product sample does not comply with the provisions of the promulgated TCVN specifically with the way of sampling such goods, the sample does not represent the whole lot of goods taken, the sampler No certificate of sampling as required.

2. After being taken, samples of goods subject to quality analysis are not preserved strictly according to regulations, thus leading to results of analysis of errors compared to the actual quality of the goods lots taken.

3. In the course of transporting samples, samples that not complying with the manufacturer's recommendations are also the cause of the objective content analysis results.

4. In addition, the unit of product quality analysis is also one of the causes leading to errors in the process of analyzing product quality, the reason is because the sample analyst does not follow the process as well as the product due to unqualified machines and equipment that not be technical regulated or has errors.

In order to overcome and limit the above causes, the Circular 26/2012 / TT-BKHCN stipulates that enterprises and sellers are entitled to request a second analysis sample to create objectivity and accuracy.

However, in fact that the Ministry of Science and Technology issued a Circular 12/2017 / TT-BKHCN to remove the regulation on the second sample analysis is unreasonable and not objective in the implementation process, causing difficulties for businesses that do business honestly and vice versa easily give rise to negative for inspection / inspection activities.

On July 6, 2018, the Ngoc Tung Production and Trade Services Joint Stock Company sent a dispatch to the Ministry of Science and Technology and the Ministry of Justice reflecting on the issue but so far it has not received any feedback.

Through the  Receiving and Responding System to recommendations of enterprises, the Ngoc Tung Production and Trade Services Joint Stock Company would like to request the competent authorities to review the opinions of businesses, makes amendments to the Circular 12/2017 / TT-BKHCN in the direction for businesses to analyze the second quality of product samples to create objectivity, protects businesses doing true business, ensuring the legitimate rights of businesses.

Receiving the above recommendations of enterprises, on August 7, 2018, the Government Office issued a Document No. 7489 / VPCP-ĐMDN to transfer recommendations to the Ministry of Science and Technology for review, handling and replying to enterprises according to authorities.