Circular No. 34/2014/TT-BNNPTNT guiding the quality inspection of imported salt

46 OFFICIAL GAZETTE Issue nos 11-12/0ctober 2014 THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT No. 34/2014/TT-BNNPTNT THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, October 31, 2014 CIRCULAR Guiding the quality inspection of imported saitr*J Pursuant to the Government's Decree No. 199/2013/ND-CP of November 26, 2013, defining the functions, tasks, powers and organizational structure of the Minishy of Agriculture and Rural Development; Pursuant to the 2007 Law on Product and Goods Quality; Pursuant to the 2010 Law on Food Safety,· Pursuant to the Government's Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality; Pursuant to the Government's Decree No. 38/2012/ND-CP of April 25, 2012, detailing a number of articles of the Law on Food Safety; At the proposal of the Director of the Department of Processing and Trade for Agro Forestry-Fisheries Products and Salt Production; The Minister of Agriculture and Rural Development promulgates the Circular guiding the quality inspection of imported salt. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation 1. This Circular provides the contents of and procedures for the quality inspection of impo1ied salt within the state management of the Ministry of Agriculture and Rural Development. 2. The impoli of salt in the following cases is not regulated by this Circular but must comply with cmTent management regulations: a/ Temporaiy impo1i for re-expo1i, border-gate tr·ansfer or transit; b/ Impo1i for expo1i production or goods processing for foreign traders; c/ Personal luggage, sample goods or goods for exhibitions or fairs , refined salts used as reagents in chemical analysis, salt in donations, and cosmetic salt. Article 2. Subjects of application This Circular applies to domestic and foreign organizations and individuals that impo1i salt (below refe1Ted to as impo1iers); and organizations and individuals involved in the quality inspection of impo1ied salt. Article 3. Interpretation of te1ms In this Circular, the te1ms below ai·e construed as follows: 1. Salt (including table salt and denatured salt) is a compound with sodium chloride ( chemical fo1mula: NaCl) as the main ingredient, made from seawater, extr·acted from salt <'J Cong Bao Nos 987-988 (17111/2014) ©Vietnam Law and Legal Fornm lssut> nos 11-12/0ctober 2014 OFFICIAL GAZETTE 47 mines, and used for eating and drinking or as raw materials in industrial production, chemical and food industries, health care, and other industries. 2. Food grade salt (table salt), HS code 2501.00.10, is salt with a high NaCl content and an allowable residual amount of heavy metals, which may be used for eating and food processing. 3. Industrial salt is crude salt produced on salt fields, HS code 2501.00.90, or extracted from salt mines, HS code 2501.00.20, which is preliminarily processed to eliminate impurities, has a high NaCl content, and is used in the chemical industry or as raw materials for making refined salt and used in other industr·ies. 4. Refined salt, HS code 2501.00.90, is salt made by cmshing, rinsing, re-c1ystallizing or vacuum c1ystallizing, and used for food industiy, health care, water ti·eatment and other industi·ies. 5. Batch of imported salt is a certain volume of salt of a type which is quantitatively detennined and has the same appellation, utility, brand, catego1y and technical specifications, of the same producer, and in the same impo1t dossier. 6. Laborato1y meeting the VILAS standards in the chemical sector is a laborato1y satisfying the requirements of ISO/IEC 17025:2005, which is accredited and granted the ce1tificate of accreditation of a laborato1y meeting the VILAS standards in the chemical sector with the NaCl as testing object by the Bureau of Accreditation under the Ministry of Science and Technology (the list is available at www.boa.gov. vn for impo1ters to use product and goods quality testing services to meet state management requirements). Article 4. Grounds for inspection 1. For impo1ted food grade salt (table salt): National standard TCVN 3974-2007 on food grade salt. 2. For imported refined salt: National standard TCVN 9639-2013 on refined salt (NaCl). 3. Forimpo1tedindusti·ial salt: National standard TCVN9640-2013 onindusti·ial salt(NaCl). 4. For impo1ted salts specified in Clauses 1, 2 and 3 of this Alticle: Criteria on heavy metals in salt provided in national technical regulation QCVN 8-2:2011/BYT on the limits of heavy metal contamination in food. Article 5. Quality of impo1ted salt Impo1ted salt under heading 2501 in the Impo1t and Expo1t Tariffs, promulgated by the Ministry of Finance, must meet quality criteria prescribed in relevant standards or technical regulations on imp01ted salt quality under Alticle 4 and Appendix I to this Circular. Article 6. Method of quality inspection of impo1ted salt, taking and storing samples 1. Methods of quality inspection of impo1ted salt: To apply the method of str·ict inspection of impo1ted salt quality. All batches of impoited salt are subject to quality inspection and assessment upon impo1t. 2. Taking and storing samples: a) When a batch of salt anives at a border gate, the impolier shall contact the customs office of the border gate of impo1tation to cany out customs procedures and take samples of salt under Point b, Clause 2, Alticle 6 of this Circular and store goods in warehouses under regulations of the customs office; b/ Samples of a batch of imp01ted salt shall be taken randomly in the witness of the representative of the customs office of the border gate of impo1tation, and divided into 3 pa1ts: 1 for testing, 1 to be kept by the inspecting agency, and 1 kept by the impolier. Each sample must weigh between 200 grams and 500 grams for testing compulso1y criteria under regulations. Samples shall be stored in closed cans or plastic bottles and affixed with seal-up numbers by ©Vietnam Law and Legal Fomm 48 OFFICIAL GAZETTE Issue nos 11-12/October 2014 the customs office. Representatives of the imp01ter and customs office shall make a record on taking samples of impo1ied salt according to the fo1m provided in Appendix IV to this Circular; c/ Within 3 (three) working days, the importer shall hand over the samples to the laborato1y meeting the VILAS standards in the chemical sector. The technical criteria subject to analysis for the samples of impo1ied salt batches are specified in Appendix V to this Circular. The impo1ier shall pay expenses for taking impo1ted salt samples and testing their quality; d/ Samples shall be stored by the inspecting agency and the importer within 90 days after the inspecting agency issues a notice of the results of quality inspection of impo1ted salt. Chapter II CONTENTS OF AND PROCEDURES FOR QUALITY INSPECTION OF IMPORTED SALT AND PROCESSING OF INSPECTION RESULTS Article 7. Contents of inspection Inspecting agencies shall conduct inspection based on the following contents: 1. Inspecting the completeness of the dossier of registration for quality inspection of impoited salt under Alticle 8 of this Circular. 2 . Inspecting the confo1mity of the samples of impo1ted salt batches and sample testing results with the dossier of registration for quality inspection of impo1ted salt, and the quality requirements of impo1ted salt prescribed in Alticle 4 and Appendix I to this Circular. 3. Re-assessing the quality of the imp01ted salt batches when receiving complaints or denunciations about the quality of impo1ted salt batches. Article 8. Dossier of registration for quality inspection of impo1ted salt The impo1ter shall send 1 (one) dossier set of registration for quality inspection of impoited salt directly or by post to the inspecting agency defined in Alticle 11 of this Circular. A dossier must comprise: 1. A written registration for quality inspection of impo1ted salt, made according to the fo1m provided in Appendix III to this Circular. 2 . Copies of the following papers: a/ The goods purchase and sale contract (in Vietnamese or English; the contract in other languages must be enclosed with a Vietnamese translation, and the impo1ter is held responsible before law for the accuracy of the translation). b/ Invoices; c/ List of goods; d/ Ce1tificate of origin; dd/ Bill of lading; el Impo1t declaration; g/ Tariff quota-based impo1t license (if any); 3. Aceitified copy of the ce1tificate of free sale (CFS) of table salt, granted by a competent agency of the exp01ting countiy under the Minister of Agriculture and Rural Development's Circular No. 63/2010/fT-BNNPTNT ofNovember 1, 2010, prescribing ceitificates of free sale for impo1ts and exp01ts within the state management of the Ministiy of Agriculture and Rural Development. 4 . The originals of the following papers: a/ The sampling record, made according to the fo1m provided in Appendix IV to this Circular, and the impo1ted salt samples, according to Point a, Clause 2,Alticle 6 of this Circular; ©Vietnam Law and Legal Fornm lssut> nos 11-12/0ctober 2014 OFFICIAL GAZETTE 49 b/ The test results of impotted salt samples granted by a laboratory meeting the VILAS standards in the chemical sect01; made according to the fo1m provided in Appendix VI to this Circular. Article 9. Procedures for quality inspection of impotted salt 1. The inspecting agency shall receive and check the completeness of the impolier 's dossier of registration for quality inspection of impo1ied salt . Within 1 (one) working day after receiving the dossier, the inspecting agency shall issue a reply on the validity of the dossier and give ce1iification in the "Written registration for quality inspection of impo1ied salt", made according to the fo1m provided in Appendix III to this Circular. The inspecting agency shall ce1iify that the dossier is complete or still lacks the required papers for the impo1ier to complete the dossier within 10 (ten) working days. 2. In case the impo1ier fails to complete the dossier, the inspecting agency shall handle the case under Clause 2, Aliicle 10 of this Circular. 3. If the dossier is complete, the inspecting agency shall, within 2 (two) working days after receiving the dossier, conduct inspection based on the contents prescribed in Clause 2, Aliicle 7 of this Circular and issue a "Notice of the result of quality inspection of imp01ied salt", specifically as follows: a/ If the sample of the imp01ied salt batch is consistent with the dossier, and the sample test result shows that impo1ied salt satisfies the relevant quality requirements as prescribed inAiiicle 4 and Appendix I to this Circular, the inspecting agency shall issue a "Notice of the result of quality inspection of impolied salt", ce1tifying that the batch satisfies the quality requirements of impo1ied salt, made according to the fo1m provided in Appendix II to this Circular, and send the notice to the impo1ier and the customs office to cany out customs clearance procedures for the batch; b/ If the sample of the imp01ied salt batch is inconsistent with the dossier or the sample test result shows that impo1ied salt does not satisfy the relevant quality requirements of imp01ied salt as prescribed in Alticle 4 and Appendix I to this Circular, the inspecting agency shall issue a ''Notice of the result of quality inspection of imp01ied salt", ce1iifying that the batch does not satisfy the quality requirements, made according to the f 01m provided in Appendix II to this Circular, clearly stating the unsatisfact01y contents, and send the notice to the imp01ier and customs office. 4. Method of providing the results: The results shall be provided at the inspecting agency defined in Aliicle 11, or sent by post to the impo1ier, at his/her/its request. The impo1ier shall pay the postal charges. 5. Conditions for an imp01ied salt batch to be put for production or circulation on the market: a/ The customs office shall complete the customs clearance for the batch only when the inspecting agency defined in Aliicle 11 of this Circular issues a ''Notice of the result of quality inspection of impo1ied salt" , ce1iifying that the batch satisfies the quality requirements of impo1ied salt, made according to the fo1m provided in Appendix II to this Circular. b/ The importer shall preserve his/her/its goods according to regulations of the customs office, and is not allowed to put salt for production or circulation on the market until the inspecting agency issues a ''Notice of the result of quality inspection of impo1ied salt", ce1tifying that the batch satisfies the quality requirements of impo1ied salt, and the customs office marks customs clearance in the impo1i declaration fo1m. Article 10. Measures to handle impo1ied salt batches which fail to satisfy quality requirements 1. If the sample test result of impolied salt is inconsistent with the dossier or shows that the salt batch does not satisfy the relevant quality requirements of imp01ted salt prescribed inAiticle ©Vietnam Law and Legal Fomm 50 OFFICIAL GAZETTE Issue nos 11-12/October 2014 4 and Appendix I to this Circular, within 2 (two) working days aBer receiving the ''Notice of the result of quality inspection of imported salt", the imp01ter may send a written request to a laborato1y meeting the VILAS standards in the chemical sector for re-inspecting the quality of imp01ted salt samples cunently stored by the impo1ter. The test result serves as a basis for the inspecting agency to handle the salt batch and give the final conclusion. The importer shall pay testing expenses. 2. If the impo1ter fails to complete the dossier within the time limit prescribed in Clause 1, Atticle 9 of this Circular, and gives no explanation to the inspecting agency, the inspecting agency shall, within 3 (three) working days from the deadline for completing the dossier, not conduct quality inspection of impo1ted salt. 3. If complaints or denunciations arise in the course of quality inspection of an impo1ted salt batch, the inspecting agency shall take samples for re-inspecting the quality of that batch. The expenses for taking samples and re-inspecting the quality of impo1ted salt shall be paid by the inspecting agency and included in the cost estimate of operating funds of the inspecting agency. The result of re-inspecting impo1ted salt quality given by a laborato1y meeting the VILAS standards in the chemical sector serves as a legal ground for the inspecting agency to handle the batch and give the final conclusion. If the quality re-inspecting result shows that the salt batch does not satisfy the relevant quality requirements of impo1ted salt as prescribed inAtticle 4 and Appendix I to this Circular, the impo1ter shall refund the sampling and re-inspecting expenses to the inspecting agency. 4. Depending on the severity of his/her/its violations of this Circular, the impo1ter shall be administratively sanctioned and take remedial measures, such as re-exp01t or recycling of impo1ted salt batches under the Government's Decree No. 80/2013/ND-CP of July 19, 2013, on sanctioning of administrative violations in the field of standards, metro logy and quality of products and goods. Chapter III RESPONSIBILITIES AND POWERS OF RELATED ORGANIZATIONS AND INDIVIDUALS Article 11. Inspecting agencies Provincial-level Depa1t ments of Agriculture and Rural Development shall direct and assign district-level Agriculture and Rural Development Branches to inspect and supervise impotted salt of importers in accordance with this Circular. 1. Responsibilities: a/ To cany out quality inspection of impo1ted salt in areas under their management, ensuring the accuracy, tmthfulness and objectivity of the inspection, and keep importers' info1mation confidential according to law; bl To receive dossiers of registration for quality inspection of impo1ted salt; to cany out quality inspection of impo1ted salt according to this Circular; to notify the results of quality inspection of impo1ted salt; and to take responsibility for the inspection results; cl To receive and promptly and lawfully settle complaints and denunciations arising in the course of quality inspection of impo1ted salt; d/ To coordinate with customs offices in supervising impo1ters in preserving the original conditions of impo1ted salt batches until the inspecting agency issues a "Notice of the result of quality inspection of impo1ted salt", ce1t ifying that the batch satisfies the quality requirements of impo1ted salt under this Circular; dd/ To fully archive the inspection dossiers; to send quaiterly, biannual and annual rep01ts on the results of quality inspection of impo1ted salt, made according to the f01m provided in ©Vietnam Law and Legal Fornm lssut> nos 11-12/0ctober 2014 OFFICIAL GAZETTE 51 Appendix VII ofthis Circular, to the Mini.shy of Agriculture and Rural Development (via the Depaitrnent of Processing and Trade for Agro-Forestiy-Fisheries Products and Salt Production). 2. Powers: a/ To request in1po1ters to provide information and documents related to impo1ted salt batches to serve for the quality inspection of impo1ted salt; bl To propose provincial-level Agriculture and Rural Development Depaitrnents to handle impo1ters that fail to su-ictly comply with the regulations on quality inspection of impo1ted salt; cl To request impo1ters to take measures to handle impo1ted salt batches which do not satisfy quality requirements as prescribed in Clause 4, Alticle 10 of this Circular; to supervise the handling and handling results. Article 12. Salt impo1ters 1. Obligations: al To make registi·ation for, and comply with the regulations on, quality inspection of impo1ted salt in accordance with this Circular; bl To prese1ve the original conditions of impo1ted salt batches under Point b, Clause 5, Alticle 9 of this Circular; cl To obse1ve adminisu-ative sanctioning decisions (if any) and submit to supe1vision by competent agencies; d/ To pay expenses for taking samples and testing the quality of impo1ted salt under cmTent regulations and expenses ai·ising in the handling of impo1ted salt batches which do not meet the quality requirements. 2. Powers: al To select a laborato1y meeting the VILAS standards in the chemical sector for testing the quality of impo1ted salt; bl To request the inspecting agency to re-consider the inspection results or request re inspection; cl To lodge complaints or denunciations about all illegal acts committed by inspecting agencies and laboratories in accordance with the law on complaints and denunciations. Article 13. Laboratories meeting the VILAS standai·ds in the chemical sector 1. Obligations: a/ To comply with the testing process, meeting the requirements on human resources, testing devices, and impo1ters' infonnation confidentiality, as prescribed by law; bl To provide test results for inspecting agencies and impo1ters on schedule. To ensure the accuracy and objectivity of test results and take responsibility for the test results; cl To pay material compensation to impo1ters for damage caused by the mistakes during testing under cmTent regulations; d/ To archive testing-related dossiers or documents under regulations and produce them at the request of competent agencies; dd/ To fulfill other obligations as prescribed by the law on product and goods quality. 2. Powers: al To collect testing charges under cmTent regulations; bl To refuse to provide infonnation related to test results for the third paity, except cases requested by competent state agencies. ©Vietnam Law and Legal Fomm 52 OFFICIAL GAZETTE Chapter IV IMPLEMENTATION PROVISIONS Article 14. Transitional provisions Issue nos 11-12/October 2014 To continue applying the provisions of the Minister of Agriculture and Rural Development's Circular No. 6012011/TT-BNNPTNT of September 9, 2011, guiding the quality inspection of impo1ied salt, and Circular No. 68/2011/TT-BNNPTNT of October 20, 2011, amending, supplementing and replacing a number of contents of Circular No. 60/20111 TT-BNNPTNT, to impo1ied salt batches for which the impo1i contracts have been signed and which satisfy either of the following conditions: 1. The goods have been loaded onto vehicles, with the date of loading written in the bill of lading (for goods transpo1ied by sea, by train or by air), or the date of goods anival at the border gate (for goods transpo1ied by road) before the effective date of this Circular. 2 . The letter of credit (L/C) had been opened, or the payment document had been issued before the effective date of this Circular. Article 15. Effect This Circular takes effect on Janua1y 1, 2015, and replaces the Minister of Agriculture and Rural Development's Circular No. 601201 lITT-BNNPTNT of September 9, 2011, guiding the quality inspectionof impo1tedsalt, and Circular No. 681201 lITT-BNNPTNT of October 20, 2011, amending, supplementing and replacing a number of contents of Circular No. 6012011/TT-BNNPTNT. Article 16. Organization of implementation 1. The Depaiiment of Processing and Trade for Agro-Forestiy-Fisheries Products and Salt Production: a/ To direct the quality inspection of impo1ied salt; to guide the quality inspection of impo1ied salt; to supervise the operation oflocal inspecting agencies in the quality inspection of impoited salt within the state management of the Ministiy of Agriculture and Rural Development; bl To summarize and repo1i the results of quality inspection of impo1ied salt to the Ministiy of Agriculture and Rural Development. 2 . Provincial-level Agriculture and Rural Development Depaiiments: a/ To direct and assign disti·ict-level Agriculture and Rural Development Branches to conduct inspection and supervision of impo1ied salt of impo1iers in localities under their management according to this Circulai·; bl To handle imported salt batches which do not meet the quality requirements (if any) in accordance with law; c/ To advise provincial-level People Committees on the allocation of funds for quality inspection of impo1ied salt in localities under their management according to this Circular. 3. Any problems ai·ising in the course of implementation should be promptly repo1ied to the Ministiy of Agriculture and Rural Development (via the Depaiiment of Processing and Trade forAgro-Forestiy-Fisheries Products and Salt Production) for consideration, amendment and supplementation as appropriate. For the Minister of Agriculture and Rural Development Deputy Minister VUVANTAM * All appendices to this Circular are not translated. ©Vietnam Law and Legal Fornm