VCN – The Government has issued a Decree No.74/2018/NĐ-CP on amending and supplementing some articles of the Decree No.132/2008/NĐ-CP dated 31/12/2008 of the Government stipulating on specific fulfillment of some articles of Law on quality of products and goods.
|Products and goods circulated on the market must not cause safety risks. Source: Internet|
The Decree No.74/2018/NĐ-CP is amended and supplements conditions for guaranteeing products’ quality during production before introduction to the market.
Accordingly, producers must comply with the requirements of product quality management in accordance with the regulations before putting the products into circulation on the market, and at the same time, are responsible to: Ensure product safety for people, animals, plants, property, environment; Self-identifying and displaying information to warn the potential for unsafe products; In cases where there is a code or bar code used on products, goods or packing of products and goods, the producers must strictly comply with the regulations on the use of codes and bar codes.
For the products and goods under List of products, goods that are likely to cause safety risks in importing (products and goods in group 2), the state inspection on goods quality are implemented through reviewing the activities of conformity of the importer.
The announcement of conformity is stipulated in the national technical regulations corresponding to one of the following measures: Results of self-assessment of conformity of organizations and individuals; The results of certification and assessment by certification organizations or assessment organizations which have been registered or recognized according to the provisions of law; The results of the certification and inspection by the certification organization or assessment organization shall be assigned in accordance with the provisions of law.
In cases where the importers register for quality inspection on the national single window, they shall register for inspection and return results of quality inspection through the national single window.
The Decree No. 74/2018/ND-CP is also specified for products and goods of group 2 which are exempted from quality inspection. As follows:
1- Luggage of people on entry or moving assets of organizations and individuals within the duty-free quota (excluding motorized vehicles, special-use vehicles, electric bicycles);
2-Goods of foreign diplomatic organizations and individuals and international organizations in duty-free quotas (excluding motorized vehicles, special-use vehicles, electric bicycles);
3- The sample of goods for advertisement that have no use value; sample goods for scientific research, research for production; The goods samples for testing for inspection, certification of compatibility with national technical standards, inter-laboratory testing;
4- Temporarily imported goods for display and introduction at trade fairs and exhibitions (excluding motorized vehicles, special-use vehicles, electric bicycles);
5- Presents and gifts in tax norms (excluding motorized vehicles, special-use motorcycles, electric bicycles);
6-Goods exchanged by border residents within the tax norms;
7-Goods, supplies, equipment and machinery temporarily imported for re-export not used and used in Vietnam (excluding motorized vehicles, special-use vehicles, electric bicycles);
8-Goods transited, or transshipped;
9-Goods brought from foreign countries into bonded warehouses (not applicable to goods brought from bonded warehouses for domestic sale);
10- Raw materials, supplies and sample goods for processing for foreign traders, for the production of export goods;
11- Goods on duty-free sale for exit passengers (managed according to the regime of temporary import for re-export);
12- Goods re-imported for repair, recycling at the request of foreign partners;
13- Goods imported for urgent requirements under the direction of the Government or the Prime Minister;
14- Specialized import goods for the purposes of national defense and security;
15. Other types of goods not for trading purposes (non-commercial type) as prescribed by law.
In addition, the Decree added regulations on responsibilities of organizations and individuals producing and trading products and goods circulated on the market.
Accordingly, products and goods circulated on the market must not cause safety risks to humans, animals, plants, property and the environment.
When detecting that products and goods circulated on the market do not meet the requirements on safety according to relevant standards or technical regulations, or capable of causing danger to humans, animals, plants or property, the environment, organizations and individuals shall have to handle and recover such products and goods and comply with the requests of competent state management agencies when being requested.
By Hương Dịu/Thanh Thuy