Name of recommendations: 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

Status: Responded

Recommended by units: The associations in the food processing industry (the Vietnam Association of Seafood Exporters and Processors, the Vietnam Dairy Association, Transparency Food Association, the Ho Chi Minh City Food Association, the Phu Quoc Fish Sauce Association, the American Trade Association in Vietnam, the European Business Association in Vietnam)

Official letter: No 2436/ PTM - VP, dated: 2018-10-24

Recommended contents:

Responding to the Official Letter No. 2050 / TĐC-QLCL dated July 20, 2018 (the Official Letter 2050) of the Directorate for Standards, Metrology and Quality –the Ministry of Science and Technology responded to recommendations of 7 associations which representedthe business community operating in the field of food processing that had problems in implementation of the Circular 12/2017 / TT-BKHCN.

The Directorate affirmed in the Official Letter No. 2050 / TDC-QLCL dated July 20, 2018, affirming that the Circular 12/2017 did not deprive the right to claim of sellers, which was stipulated in Article 64 of the Law on Quality ofgoods Product. However, this did not alleviate our concern about the implementation of the goods quality inspection specified in the Circular 12/2017 due to the following reasons:

- Circulars issued were to detail and guide the provisions of the Law and Decree for management agencies and businesses to easily implement. Article 64 and Article 65 of the Law on Product Quality was only general provisions "Organizations and individuals have the right to complain" and "state agencies .... to consider and settle complaints and denunciations ... in accordance with the law on complaints and denunciations ”, but it wasnot clear how to do it without consensus or questions about the test results. Therefore, clause 2 of Article 9 of Circular 26/2012 / TT-BKHCN (Circular 26/2012) detailed guidelines: "In case of disagreement with sample test results, within 02 working days from on the date that the sample test result notice is unsatisfactory, the seller may request in writing the re-testing agency for the specimen stored in another designated testing organization. . This test result is a basis for the inspection agency to handle and has the final conclusion. This sample testing cost is paid by the seller. "

- Test activity essentially wasservice business activity (the Decree 107/2016 / ND-CP). Therefore, the Circular 26/2012 allowed people with goods to be inspected "to recommend retesting for samples stored in another designated testing organization." This provision helped sellers avoid major losses in the business process due to the risk of being "injustice and wrong"; at the same time, eliminated to almost risks of lawsuits against state management agencies due to the separation of the practice responsibilities of the testing organizations and the state management responsibility for the examination and assurance agencies, harmonized the interests of the state, businesses and consumers.

- However, the Circular 12/2017 that has been effective from January 1, 2018, completely removed this content. Accordingly, after the inspection agency conductingthe testof goods samples and has unsatisfactory results, within 2 working days, the inspection agency will issue a notice to suspend circulation of goods and request people selling goods to provide relevant information for goods of the same type as the quantity of goods left in stock, sold and contacted with producers and importers to know how to remedy, treat and repair ... (Clause 6 Article 1). Thus, Circular 12/2017 has identical inspection activities with testing activities and the processing of test results that will only be based on sample test results of a single testing organization. In our opinion, this was a step back in the development of legal documents. This step leaded to many difficulties in implementing the Law on Quality of Goods and Products, as both management agencies and businesseswere confused when there were no detailed guidances, these leaded to misspending, time and cost, even in some cases, when correct complaints of businesses onthe wrong test results were resolved, the businesseswere in bankrupt already.

For food products, the Decree No. 15/2018 / ND-CP guides the Law on Food Safety, which required the Ministries of Health, Industry and Trade, and Agriculture to "assign food testing establishments for management. the state, the testing establishments verified and had the final conclusions when therewere differences in test results between testing establishments in the assigned areas of management”and in fact the ministries appointed verification testing departments. This showed the consistency between the Law on Product Quality, the Decree 15/2018 / ND-CP and Circular 16/2012 and also showed that the Circular 12/2017 repealed Clause 2d Article 9 of the Circular 26 / 2012 was inconsistent with the Decree 15 –that was under higher authority.

Therefore, associations operating in the food processing sector continuedproposing the Ministry of Science and Technology to amend the Circular 12/2017 in the direction of keeping the Item 2d of the Circular 26/2016 in accordance with the provisions of Law on product quality and the Decree No. 15/2018 / ND-CP as well as creating favorable conditions for management agencies andbusinesses in the implementation process, contributing to improving the business environment of Vietnam.