What are the roles of ministries and branches in the new specialised inspection decree?

Professional activities at Hai Phong port area 2 Customs Branch. Photo: Thái B

Clearly define responsibilities and coordination mechanisms

The draft decree prescribes State quality inspection and State inspection of food safety for imported goods specifying the responsibilities of State management in this field.

Specifically, the inspection agency is assigned/appointed by the line ministry or the Customs agency to carry out State inspection of quality, State inspection of food safety according to the method of tight inspection or normal inspection, Customs offices shall carry out State quality inspection and State inspection of food safety for imported goods by mode of tightened inspection, normal inspection or reduced inspection.

Imported goods, after being sampled, must be kept at the checkpoint of import until inspection results are available and customs clearance is permitted by the customs authority, except for goods not on the list of required sampling and State inspection on quality and state inspection of food safety at the import border gates are put into storage, provided the goods storage location must satisfy requirements for goods preservation and customs supervision.

An important content to implement the reform model of quality control and food safety inspection for imported goods mentioned in the draft decree is the assignment of state management responsibilities, the responsibilities of the line ministries and of the Ministry of Finance. Specifically, for the State management of the quality of imported products and goods, line ministries responsible for complying with the provisions of Clause 2, Article 70 of the Law on Product and Goods Quality. State management of food safety, line ministries are responsible for complying with the provisions of the Law on Food Safety. The Ministry of Finance is responsible for State inspection of quality and state inspection of food safety for import goods.

Line ministries shall publish inspection results on the national single-window information portal; perform the function of State management of quality, state inspection of food safety according to assigned fields; to formulate legal policies on the management of food quality and safety of goods.

Issuing and publishing on the national single-window portal the list of import goods subject to food quality and safety inspection with HS code at the most detailed level of HS in accordance with the list of exported goods and import Vietnam together with the conformity announcement measures prescribed in Clause 2, Article 10 of this decree, to the respective technical regulations; national standards, technical regulations or safety norms applicable to imported goods on the list; list of specific goods not applicable to the change of inspection method; the list of goods subject to state quality inspection and state food safety inspection must be inspected at import border gates; the list of goods with an advanced management system applied according to international and regional standards specified in Clause 4, Article 27 of the Law on Product and Goods Quality.

At the same time, the ministry performs or directs quality inspection of imported goods before enterprises import goods; inspect quality, inspect food safety for goods subject to post-customs clearance inspection; inspection and examination of State management in the assigned domains; specialised inspection and inspection of imported goods after customs clearance.

Promulgating and publishing on the national single-window portal the list of import goods from the manufacturer has been inspected at the source by a competent Vietnamese agency; list of product-specific conformity assessment bodies; list of designated testing and testing establishments; a list of designated verification bodies; list of countries, territories, organisations and individuals permitted to export terrestrial animal products, aquatic animal products, plant products for food use imported into Vietnam; the list of goods for which the notice of receipt of the announcement of standard conformity or regulation conformity has been issued before the effective date of this decree.

At the same time, to coordinate, provide information and exchange data with Customs authorities about the quality of goods (warnings about unsatisfactory exported or imported shipments or commercial fraud on quality. information about substandard goods obtained during the inspection of goods in production and circulation); assign/appoint inspection agencies/organisations/import food safety inspection agencies capable of conducting quality inspection and food safety inspection for imported goods according to regulations.

The Ministry of Finance will assume the prime responsibility and coordinate closely with many tasks

Meanwhile, the Ministry of Finance will assume the prime responsibility for, and coordinate with ministries, branches, fields and agencies in, organising the implementation of this decree. The General Department of Customs is assigned to assume the prime responsibility for, and coordinate with ministries, branches, fields and agencies in, performing quality inspection and food safety inspection of imported goods according to the provisions of this decree; publish a list of goods subject to conversion of inspection method on the National Single Window.

At the same time, the General Department of Customs is assigned to build, manage and operate the national automatic information technology portal to ensure its functions and implementation; building a data centre on risk management of imported goods; exchanging information and data with the customs of the countries on the quality, food safety of goods, product traceability to analyse and evaluate risks, decide the method of inspection.

Notify line ministries of information of cases of customs authorities finding that the certification/ inspection results of the certification/ inspection organisation inconsistent with the actual imports or violating the provisions of the law on inspection of food quality and safety.