Recommendations on contents of the Official Letter No. 2050 / TĐC-QLCL dated July 20, 2018 of the Directorate for Standards, Metrology and Quality - Ministry of Science and Technology answered the recommendation letter of 7 associations related to diffic
Responded by units: The Ministry of Science and Technology
Official letter: No 2982/TĐC - QLCL, dated: 2018-10-22
Reason for abolishing point d clause 2 Article 9 of the Circular No. 26/2012 / TT-BKHCN:
The Circular No. 26/2012 / TT-BKHCN stipulated that goods with sample test results did not meet quality requirements compared to regulations, if not agreed with sample test results, in written documents, sellers may request the testing agency to re-test the samples stored in another designated testing organization. This test result was a basis for the inspection agency to handle and havethe final conclusion. However, from the fact that the quality inspection of goods circulated in the market and the voters' feedback was stated in the Official Letter No. 401 / BDN dated December 7, 2016 of the Committee for Volunteers - StandingCommittee of the National Assembly showed that this regulation wasstill inadequate and had loopholes, so the the violators profited to trade in unsatisfactory goods because most of the re-testing samples met the quality requirements as regulated.
October 17, 2016, the Government’s Prime Minister Nguyen Xuan Phuc assigned the Ministry of Science and Technology to study and regulate the regulation on state inspection of quality goods circulated in the market, taking samples of goods for quality inspection ( According to the Notice No. 367 / TB-VPCP dated November 14, 2016 of the Government Office).
On that basis, the Ministry of Science and Technology studied, amended and supplemented the Circular No. 26/2012 / TT-BKHCN, in which abolished point d, Clause 2, Article 9 of the Circular No. 26/2012 / TT-BKHCN.
2. Regarding the content of recommendations related to sampling regulations in a number of specialized legal documents, there are other provisions with the Circular No. 12/2017 / TT-BKHCN:
At Point a, Clause 3, Article 1 of the Circular No. 12/2017 / TT-BKHCN, it is prescribed: Samples shall be taken according to the sampling method specified in relevant standards, technical regulations or relevant law . This provision is construed that if there areprovisions of relevant laws (such as Decrees, Circulars, documents regulating specialized management), such provisions shall apply. If there are not any regulations on sampling methods, it shall apply according to provisions of the Circular No. 12/2017 / TT-BKHCN.
Regulations in the Circular No. 12/2017 / TT-BKHCN do not deprive the right of claim of sellers. In the process of testing, if sample test results are not satisfactory, inspection agencies will handle according to provisions of the Circular No. 12/2017 / TT-BKHCN. However, in needed cases, sellers have the right to complain according to Article 64 of the Product and Goods Quality Law.
In case sellers complains about the test results, the complaint-settling agency must check whether the conformity assessment organization has performed correctly according to regulations. In case the conformity assessment organization fails to comply with the current regulations, it may be possible to retest saved at a conformity assessment organization meeting current regulations. In this case, the sample must be kept within the storage period, are taken and preserved in accordance with the regulations and assured thatthe samples are intact and encrypted by the inspection agency.
Above is the reply of the Directorate for Standards, Metrology and Qualityon the recommendations of representatives of the business community in food processing. The Directoraterespectfully thanks for the coordination of the business community.
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