Decision 50/QD-TTg and Decision 818/QD-BYT are not synonymous with abolition of specialized insp

Recently, some specialized inspection documents have been abolished such as Decision No.818 / QD-BYT of the Ministry of Health, Decision No. 50/2006 / QD-TTg of the Prime Minister. Along with that, some information that these abolition decisions mean that the items in these categories are not subject to specialized inspection. However, that understanding is not accurate.

Decision No. 50/2006 / QD-TTg of the Prime Minister promulgating the list of products and goods subject to quality inspection is based on the Ordinance on Goods Quality in 1999 and Decree 179/2004. / ND-CP dated October 21, 2004 of the Government providing state management of product and goods quality. This list also serves as a basis for inspecting the quality of imported goods under the management of the branch or domain managing ministries, which designate technical organizations to inspect the quality of products, goods.

At the second session of the 12th National Assembly, the Law on Product and Goods Quality was passed by the National Assembly on November 21, 2007. And in Article 71 of the Law on Product and Goods Quality, it invalidated the 1999 Ordinance on Goods Quality and Decree No. 179/2004 / ND-CP of October 21, 2004. The provisions related to Decision No. 50/2006 / QD-TTg are reflected in Article 5 of the Law on Product and Goods Quality and the Decree guiding this Law.

Under the provisions of this Law, state inspection of product and goods quality and conformity assessment activities (quality assessment such as testing, certification, inspection, inspection) are separated White.

The State inspection of product and goods quality shall be conducted by the State management agencies assigned to inspect (the inspection agency); The conformity assessment carried out by a conformity assessment body (testing, inspection, certification and accreditation bodies may be public service delivery units or enterprises of all economic sectors established under the provisions of Law on Enterprise, Law on Investment, Law on Science and Technology).

Accordingly, the legal basis for promulgating Decision No. 50/2006 / QD-TTg is the Ordinance on Goods Quality in 1999 and the Government's Decree No. 179/2004 / ND-CP of October 21, 2004. The state management of product and goods quality has so far ceased to be effective.

According to Mr. Ngo Minh Hai, Deputy Director of Customs Supervision and Management Department, quality inspection is carried out in accordance with the Law on Product and Goods Quality and guiding documents (not implementing Decision Decision No. 50/2006 / QD-TTg of the Prime Minister).

Particularly, goods on the list of group-2 goods (the list of potentially unsafe products and goods) promulgated by ministries and / or branches must be subject to quality inspection before customs clearance. Quality inspection must be carried out in order to clear the goods.

Similarly, the abolition of Decision 818 / QD-BYT of the Ministry of Health promulgated List of imported goods subject to inspection of food hygiene and safety by HS code is also out of date.

Mr. Ngo Minh Hai said that at present, the list of goods subject to food safety inspection under the responsibility of the Ministry of Health shall comply with the provisions of Circular No. 40/2016 / TT-BYT on November 4. / 2016.

In cases where enterprises import goods subject to food safety inspection specified in the Health Ministry's Circular No. 40/2016 / TT-BYT, the Agriculture and Development Ministry's Decision No. 4069 / QD-BNN-QLCL In addition to the customs dossiers as prescribed, enterprises must submit / issue a notice of exemption / exemption for food safety inspection in order to complete customs clearance. chemistry

However, if the imported goods are subject to a license or other specialized examination, they must meet this requirement at the same time when customs clearance is carried out.

According to N.Linh - Hai Quan online