What is the new model of quality inspection and food safety inspection?

New model of quality inspection, food safety inspection of imported goods.

The classification is based on the history of quality inspection and food safety inspection operations which was carried out by ministries, sectors, customs authorities and certification organisations for goods and law compliance process of the business.

In the first process, the goods are given quality inspection at the ministry (based on the results of certificate regulation of the designated certification organization) (branch 1).

For this process, the enterprises carry out the import procedures at the customs authorities, when they have already got a notice about quality inspection result eligible for import requirements granted by the ministry or sector for the import goods shipment (the Ministry issues a notice of quality inspection result on the basis of inspection of certificate regulation of the designated certification organization).

The implementation process of import procedures and quality inspection of enterprises consists of six steps: 1. the ministries and sectors receive the dossiers of registration for quality inspection of enterprises (attached with certificates of quality which is already granted by the conformity assessment organization). 2. Ministries and sectors process the quality inspection registration dossier. 3. Ministries and sectors check the results of conformity assessment, goods labels, standard conformity marks, regulation marks and attached documents, or take samples for testing when necessary (Clause 2, Article 27 of the Law on Products and Goods Quality). 4. Ministries and sectors announce the results of quality inspection to enterprises. 5. Enterprises submit the results of quality inspection to the customs authority for carrying out import procedures. 6. Customs authority clears goods shipment.

In the second process, goods are given quality inspection at customs headquarters (based on the results of certificate regulation of the designated certification organization) (branch 3).

For this process, the enterprises carry out the import procedures at the customs headquarters when they have received a certificate regulation (there is no notice of the state quality inspection results for the imported shipment meeting the quality requirements granted by ministries).

With this process, the customs authority conducts quality inspection of imported goods based on the conformity certification results of the designated conformity certification organization and issue the result of quality inspection that meets the import requirements for cargo clearance.

The process consists of four steps as follows: 1. The customs authority receives the customs dossier of registration for quality inspection of enterprises (attached with the certificate of quality already granted by the conformity assessment organization); 2. Customs authority handles customs dossier, at the same time with processing quality registration dossier; 3. Customs authority integrates the customs inspection and conformity assessment results, goods labels, standard marks, regulation marks and attached documents or taking samples for testing when necessary (clause 2, Article 27 of the Law on Product and Goods Quality); 4. Customs authority will announce the results of quality inspection on the Automated Clearance System, National Single Window portal and conducting cargo clearance.

According to the draft of the scheme, with this process, enterprise can cut two procedures compared to the current process (branch 1), including receiving quality inspection results from the Ministry and submitting inspection results to the customs authority for clearing goods.

In the third process, goods do not have a certificate of conformity (branch 3). For this process, enterprise registers quality inspection at the focal point of conducting quality inspection at the border gate (carry out customs procedures and quality inspection). Customs authority send requests to the designated inspection organizations to conduct the inspection, at the same time, checking the dossiers, examine the results of the inspection organizations, issue notices of the quality inspection results and clearing goods.

With this process, enterprises can cut three procedures, including: enterprises submit inspection results performed by inspection organizations to quality inspection agencies for re-checking; ministries and sectors announced the results of quality inspection to enterprises; enterprises submit quality inspection results from the ministries to the customs authority for cargo clearance.

In the fourth process, goods are subject to normal inspection (checking dossiers) (goods that have three consecutive times meeting the import requirements under the strict inspection method without distinction of the importer) (branch 4) .

This is the proposed quality inspection process based on the regulations on less inspection, applying the conversion of inspection method of the Law on Product and Goods Quality, the Law on Food Safety; inheriting good practices during the implementation of Decree 15/2018/ND-CP (after 3 consecutive inspections, the inspection will transfer to normal inspection) (Article 17 of Decree 15/2018/ND- CP).

Goods subject to common inspection (checking dossiers only) are goods manufactured by the same manufacturer, having the same origin, have the same name, HS code, and homogeneous in all respects (e.g. utility, brand, type, specification) have been passed import requirements by three consecutive times under strict method (without distinction of importer) and belong in one of the three processes (1), (2), (3) of the new model, namely:

Procedure 1: The goods has a notice of inspection result that meets the import requirements granted by the Ministry; the customs authority will check the results for conducting cargo clearance.

Procedure 2: Goods having certificate of conformity (without notification of quality inspection result eligible for import requirements granted by the Ministry); the customs authority conducts quality inspection, issues the result of quality inspection and clearing goods.

Procedure 3: Goods without certificate of conformity; the focal point of quality inspection at the border gate would request the designated inspection organization; quality control agencies implementing the quality inspection, announcing the results of quality inspection and clearing goods.

For goods that meet the conditions of applying normal inspection methods, which have been classified to the normal inspection by the customs clearance system of the customs authority (only checking dossiers), the enterprise should register for quality inspection at specialized inspection agency at the border gate, quality inspection agencies would check dossiers and clearing shipments.

In the fifth process, the goods subject to less inspection (goods that have three consecutive times meeting the import requirements by the normal inspection method for each importer) (branch 5).

Similar to the fourth process, this is the proposed quality inspection process based on the regulations on less inspection, applying the conversion of inspection method of the Law on Product and Goods Quality, the Law on Food Safety; inheriting good practices during the implementation of Decree 15/2018/ND-CP (after three consecutive times within 12 months of normal inspection, it will be transferred to less reduction) (Clause 1, Article 17; 1 Article 19 of Decree 15/2018/ND-CP).

Goods subject to less inspection are goods manufactured by the same manufacturer, having the same origin, have the same name, HS code, and homogeneous in all respects (e.g. utility, brand, type, specification) have been passed import requirements three consecutive times under the normal inspection method for each importer according to the process 4 of the new model.

For goods that meet the conditions to apply the less inspection method, which have been classified to normal inspection by the customs clearance system of the customs authority, the enterprise should register for quality inspection at specialized inspection agency at the border gate, quality inspection agencies would randomly select up to 5% of the total imported shipment that is already applied the less inspection method of the preceding year.