Circular No. 60/2011/TT-BNNPTNT guiding the inspection of imported salt quality đã được thay thế bởi Circular No. 34/2014/TT-BNNPTNT guiding the quality inspection of imported salt và được áp dụng kể từ ngày 01/01/2015.
Nội dung toàn văn Circular No. 60/2011/TT-BNNPTNT guiding the inspection of imported salt quality
THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT | SOCIALIST REPUBLIC OF VIETNAM |
Hanoi, September 09th 2011 |
CIRCULAR
GUIDING THE INSPECTION OF IMPORTED SALT QUALITY
Pursuant to the Government's Decree No. 01/2008/ND-CP dated January 03rd 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural development; the Government's Decree No. 75/2009/ND-CP dated September 10th 2009, amending Article 3 of the Decree No. 01/2008/ND-CP;
Pursuant to the Law of Food safety No. 55/2010/QH12 dated June 17th 2010;
Pursuant to the Law on Product and goods quality No. 05/2007/QH12 dated November 21st 2007, and the Government's Decree No. 132/2008/ND-CP dated December 31st 2008, detailing the implementation of a number of articles of the Law on Product and goods quality;
The Ministry of Agriculture and Rural development guides the Circular for inspecting imported salt quality:
Chapter I
GENERAL REGULATIONS
Article 1. Scope of regulation
1. This Circular guides the procedure and contents of the inspection of quality of imported salt under the management of the Ministry of Agriculture and Rural development.
2. The import of salt in the following cases is not regulated by this Circular:
a) Salt temporarily imported for re-export, salt in transit.
b) Sal imported for export processing.
c) Salt in luggage, salt being samples, exhibits, or gifts.
Article 2. Subjects of application
This Circular is applicable to the organizations and individuals that import salt, hereinafter referred to as importers; organizations and individuals relevant to the inspection of imported salt quality.
Article 3. Basis for inspection
1. The import of salt within tariff quota:
The technical requirements of imported salt are provided in Annex I enclosed with this Circular.
2. The import of salt beyond tariff quota:
a) Imported table salt must have the Declaration of conformity with the National Standard TCVN 3974-2007 on table salt; the National Technical Regulation QCVN 8-2:2011/BYT on the limits on heavy metal contamination in food, promulgated together with the Circular No. 02/2011/TT-BYT dated January 13th 2001 of the Ministry of Health;
b) Imported refined salt must have the Declaration of conformity with the technical requirements of imported salt having HS code 2501.00.41.20 or 2501.00.49.20, provided in Annex I enclosed with this Circular;
b) Imported industrial salt and other unprocessed salt must have the Declaration of conformity with the technical requirements of imported salt having HS code 2501.00.41.20 or 2501.00.49.20, provided in Annex I enclosed with this Circular.
Article 4. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Salt (including table salt and denatured salt) is a compound, composed primarily of sodium chloride (chemical formula: NaCl), made from sea water; extracted from salt mines, used for cooking and as ingredients in industrial production, chemical industry, food, health care, and other industries.
2. Industrial salt is unrefined salt which is produced on salt fields or extracted from salt mines, has been roughly processed to reduce impurities, has high NaCl content, is used in industrial production, chemical industry, and as ingredients for making table salt and refined salt, HS code: 2501.00.90.90.
3. Refined salt is salt made from unrefined salt by crushing, rinsing, recrystallizing, vacuum crystallizing, and is used for food industry, health care, water treatment, and direct consumption, HS code: 2501.00.41.20 or HS 2501.00.49.20.
4. A consignment of imported salt is a certain amount of a type of salt, having the same name, uses, make, category, specifications, from the same producer, and in the same import dossier.
Article 5. Quality of imported salt
1. Imported salt within tariff quota:
The types of imported salt having HS code 2501.00.90.90, 2501.00.41.20, and 2501.00.49.20 in the Import and Export Tariff, promulgated by the Ministry of Finance, must satisfy the technical requirements of salt quality as prescribed in Annex I enclosed with this Circular.
2. The imported salt beyond tariff quota:
The importer must obtain the Declaration of conformity with the technical standards before importing the types of salt in Heading 2501 in the Import and Export Tariff, promulgated by the Ministry of Finance, in accordance with the regulations in Annex I enclosed with this Circular.
Article 6. Method of inspecting imported salt quality
1. After taking samples for testing the imported salt as prescribed in Clause 2 Article 7 of this Circular, the importer shall be allowed by the Customs to put his goods in storage.
2. The importer must preserve his goods, and must not take them into manufacturing processes or circulation on the market until receiving the test result shows that they satisfy the quality requirements.
3. The Customs shall only grant the clearance after the inspecting agency prescribed in Clause 11 of this Circular issues a “Notice of result of imported salt quality inspection”, certifying that the consignment satisfies the requirements of imported salt quality, according to the template in Annex II enclosed with this Circular.
Chapter II
INSPECTION CONTENTS, PROCEDURE, AND HANDLING INSPECTION RESULTS
Article 7. The procedure for making the dossier of application for imported salt quality inspection
1. Declaration of conformity before signing the salt import contract:
The procedure for the Declaration of conformity is specified in the Decision No. 24/2007/QD-BKHCN dated September 28th 2007 of the Ministry of Science and Technology, promulgating the “Regulation on certification of conformity and declaration of conformity”.
2. Taking samples for testing imported salt:
a) When the consignment arrives at the checkpoint, the importer shall contact the Customs at the checkpoint to follow the procedure, and take samples from the consignment randomly under the witness of the representative of the Customs. The samples of the consignment shall be split into 03 parts: 01 sample for testing, 01 sample kept by the inspecting agency, and 01 sample kept by the importer. 200 – 500 gram of samples shall be taken for testing. The samples shall be numbered and sealed by the Customs. The Record on sampling imported salt shall be made in accordance with the template in Annex IV enclosed with this Circular.
b) Within 03 working days, the samples must be handed over to an appointed testers. The technical standards for testing imported salt are specified in Annex V enclosed with this Circular. The cost of sampling and testing imported salt shall be paid by the importer.
c) The list of salt testers appointed by the Ministry of Agriculture and Rural development is provided in Annex VI enclosed with this Circular, and shall be updated on the website of the Ministry of Agriculture and Rural development.
3. The import shall make 01 dossier of application for the inspection of imported salt quality, and send it to an inspecting agency as prescribed in Article 11 of this Circular. The dossier of application for the inspection of imported salt quality includes:
a) The application for salt quality inspection, provided in Annex III enclosed with this Circular.
b) The photocopies of the following papers:
- Bill of lading;
- Invoices;
- The list of goods;
- The Certificate of Origin;
- The import declaration form (made by the declarant);
- The License for import within tariff quota (if any);
- The sale contract (in Vietnamese or English, the contract in other languages must be enclosed with a Vietnamese translation, and the importer is responsible for the accuracy of the translation).
c) The authenticated copies of the following papers:
- The Declaration of conformity;
- The Notice of Declaration of conformity;
- The imported salt test result, according to the template in Annex VII enclosed with this Circular;
- The Certificate of Free Sale (CFS) of table salt, issued by a competent agency of the exporting country as prescribed in the Circular No. 2010/TT-BNNPTNT dated November 01st 2010, on the Certificates of Free sale of exports and imports under the management of the Ministry of Agriculture and Rural development.
d) The sampling record according to the template in Annex IV enclosed with this Circular, and the samples of the imported salt consignment in a closed box, numbered and sealed by the Customs.
4. The dossier shall be sent directly or by post to the inspecting agencies prescribed in Article 11 of this Circular.
Article 8. Inspection contents
The inspecting agency shall carry out the inspection as follows:
1. Check the adequacy of the dossier of application for imported salt quality inspection.
2. Inspect the conformity of the test result of the imported salt samples with the dossier, the applicable standards, and the technical requirements of imported salt prescribed in Annex I enclosed with this Circular, and current regulations.
3. Reinspect the quality of the imported salt consignment where necessary.
4. Notify the results of salt quality inspection.
Article 9. Procedure for inspecting imported salt quality
1. The inspecting agency shall receive and check the adequacy of the dossier of application for salt quality inspection made by the importer. Within 01 working days, the inspecting agency shall certify the reception of the dossier in the “Application for salt quality inspection”, according to the template in Annex III enclosed with this Circular.
2. If the dossier is adequate, the inspecting agency shall carry out the inspection as prescribed in Clause 2 Article 8 of this Circular within 03 working days from the date on which the complete and valid dossier is received, in particular:
a) If the test result is consistent with the dossier of application, the applicable standards, and the corresponding technical requirements of salt quality, then the inspecting agency shall issue a Notice of inspection result, certifying that the consignment satisfies the requirements according to the template in Annex II enclosed with this Circular, and send it to the importer and the Customs to initiate the clearance procedure.
b) If the test result is not consistent with the dossier of application or the applicable standards or the corresponding technical requirements of salt quality, then the inspecting agency shall issue a “Notice of inspection result” certifying that the consignment does not satisfy the requirements according to the template in Annex II enclosed with this Circular, specify the unsatisfactory aspects, and send it to the Customs and the importer.
3. If the dossier is inadequate, the inspecting agency shall identify the missing parts and request the importer to complete the dossier within 10 working days. If the importer fails to complete the dossier, the inspecting agency shall handle it in accordance with Clause 2 Article 10 of this Circular.
4. The result shall be given at an inspecting agency specified in Article 11, or sent by post to the importer at their request.
5. Inspection fees are prescribed by the Ministry of Finance.
Article 10. Handling unsatisfactory consignments of imported salt
1. If the test result is not consistent with the dossier of application or the applicable standards or the technical requirements of salt quality prescribed in Annex I enclosed with this Circular, within 02 working days from the date on which the “Notice of Inspection result” is received, the importer may send a written request to an appointed conformity-assessing agency for inspecting the conformity of that consignment of imported salt. The conformity assessment result is the basis for the inspecting agency to give the final conclusion. The cost of conformity assessment is paid by the importer.
2. If the importer fails to complete the dossier before the deadline prescribed in Clause 3 Article 9 of this Circular, and does not provide any explanation for the inspecting agency, the inspecting agency shall request the importer to re-export such consignment within 03 working days from the deadline for completing the dossier.
3. Where complaints are made or the conformity assessment result is not agreed, the inspecting agency shall take samples for reinspecting the quality of that consignment. The cost of sampling and retesting imported salt is paid by the inspecting agency, and allocated in the budget estimate of the inspecting agency. The test result given by the appointed tester is a legal basis for the inspecting agency to handle during the inspection.
IF the result of the retest is not consistent with the applicable standards and technical requirements of salt quality prescribed in Annex I enclosed with this Circular, the importer shall pay the cost of resampling and retesting.
4. Depending on the seriousness of the violations, the inspecting agency shall request the importer to re-export the consignment of imported salt, and cooperate with relevant functional agencies in handling and supervising the handling of violations as prescribed by current regulations.
Chapter II
RESPONSIBILITIES AND AUTHORITY OF RELEVANT ORGANIZATIONS AND INDIVIDUALS
Article 11. The inspecting agency
The Department of Agricultural, Forestry, Aquatic Products and Salt is appointed to inspect the quality of imported salt under the management of the Ministry of Agriculture and Rural development.
1. Responsibilities:
a) Carry out inspections within the delegated authority, ensure the accuracy and objectivity of the inspections;
b) Receive applications for inspection, carry out inspections and take samples (where necessary) in accordance with this Circular; take responsibility for the inspection results and the notices of unsatisfactory consignment;
c) Receive and settle the complaints about the inspection as prescribed by law.
d) Retain the inspection dossiers, send annual and biannual reports on the result of imported salt quality inspection to the Ministry of Agriculture and Rural development.
2. Authority:
a) Request importers to provide information and documents relevant to consignments of imported salt to serve the inspection;
b) Request importers to handle unsatisfactory consignments; supervise the handling and the results.
c) Request relevant agencies to handle the importers that fail to comply with the regulations on inspection.
Article 12. Salt importers
1. Apply for registration and comply with the regulations on the inspection of imported salt quality prescribed in this Circular; preserve the status quo of consignments of imported salt for quality inspection.
2. Comply with the requests of competent agencies when the consignments of imported salt are compelled to be re-exported.
3. Fulfill other obligations as prescribed by laws on goods quality; pay the cost of sampling and testing imported salts as prescribed by current regulations.
4. Select a salt tester in the list of salt testers appointed by the Ministry of Agriculture and Rural development; report the illegal acts committed by inspecting agencies and testers as prescribed by law.
Article 13. Services of Agriculture and Rural development of central-affiliated cities and provinces
Cooperate with inspecting agencies and relevant local agencies to handle the imports of salt that fail to satisfy quality requirements as prescribed by law.
Article 14. Appointed testers
1. Comply with the testing process, ensure the performance of the testing devices, keep the information of goods owners confidential as prescribed by law; ensure the accuracy and objectivity of test results; provide results for inspecting agencies and importers on schedule; take responsibility for the test results; retain documents related to the testing and present them at the request of the competent agencies; pay compensation to goods owners for the damage caused by the mistakes during the testing as prescribed by current regulations; fulfill other obligations as prescribed by laws on goods quality.
2. Refuse to run tests on the samples and standards beyond the delegated responsibility; be provided with information and training courses to improve the testing capacity; collect testing fees as prescribed by current regulations.
Article 15. Conformity-assessing agencies
1. Conformity-assessing agencies shall provide conformity assessment results to inspecting agencies and importers within the prescribed period.
2. Fulfill other obligations prescribed by laws on goods quality.
Chapter IV
REGULATIONS ON THE IMPLEMENTATION
Article 16. Effects
1. This Circular takes effect after 45 days from the date on which it is signed.
2. The consignments of imported salt shall not be regulated by this Circular and the Circular No. 44/2011/TT-BNNPTNT dated June 20th 2011 of the Ministry of Agriculture and Rural development, supplementing the List of dangerous goods, if the import contracts are signed and one of the following conditions are satisfied:
a) The goods are loaded onto vehicles, and the loading date written in the bill of lading (for goods transported by sea, by air, and by train), or the date of arrival at the checkpoint (for goods transported by road) is before the effective date of this Circular.
b) The Letter of Credit has been opened, or invoices have been issued before the effective date of this Circular.
Article 17. Implementation responsibilities
The Department of Agricultural, Forestry, Aquatic Products and Salt, relevant agencies and importers are responsible for the implementation of this Circular.
Organizations and individuals are recommended to report the difficulties arising during the course of implementation to the Ministry of Agriculture and Rural development (via the Department of Agricultural, Forestry, Aquatic Products and Salt) for consideration and revision./.
| PP THE MINISTER |
ANNEX I
TECHNICAL REQUIREMENTS OF IMPORTED SALT QUALITY
(Promulgated together with the Circular No. 60/2011/TT-BNNPTNT dated September 09th 2011 of the Minister of Agriculture and Rural development)
No. | Standards | Code of imported salt | |||
HS 2501.00.90.90 | HS 2501.00.41.20 | HS 2501.00.49.20 | |||
I | Name of salt | Unrefined NaCl used in chemical industry and as ingredients for making refined salt. | Refined NaCl used for heath care, experiments, and water treatment. | Refined NaCl used for direct consumption and food industry. | |
II | Organoleptic standards |
|
|
| |
1 | Color | Colorless, grayish white, yellowish white, pinkish white. | Colorless, white | Colorless, white | |
2 | Smell and taste | Odorless, 5% solution tastes purely salty without unusual taste. | Odorless, 5% solution tastes purely salty without unusual taste. | Odorless, 5% solution tastes purely salty without unusual taste. | |
3 | Particle appearance and size | Dry and clean without impurities visible to naked eyes Particle size ≥ 1mm. | Dry and clean without impurities visible to naked eyes Particle size < 1mm, or compacted into tablets | Dry and clean without impurities visible to naked eyes Particle size < 1mm. | |
III | Physical and chemical standards |
|
|
| |
1 | Proportion of NaCl, in % of the dry weight. | ≥ 98.00 | ≥ 99.00 | ≥ 99.10 | |
2 | Proportion of insoluble substances NaCl, in % of the dry weight. | ≤ 0.25 | ≤ 0.20 | ≤ 0.10 | |
3 | Humidity, in % | ≤ 4.00 | ≤ 4.00 | ≤ 0.09 | |
4 | Proportion of ions, in % of the dry weight. | Ca+2 | ≤ 0.15 | ≤ 0.15 | ≤ 0.18 |
Mg+2 | ≤ 0.10 | ≤ 0.10 | ≤ 0.20 | ||
SO4-2 | ≤ 0.30 | ≤ 0.30 | ≤ 0.30 | ||
5 | Proportion of metal ions, in mg/kg of corresponding metal | Hg |
|
| ≤ 0.10 |
Cd |
|
| ≤ 0.50 | ||
As |
|
| ≤ 0.50 | ||
Pb |
|
| ≤ 2.00 | ||
ANNEX VI
LIST OF APPOINTED SALT TESTERS
(Promulgated together with the Circular No. 60/2011/TT-BNNPTNT dated September 09th 2011 of the Minister of Agriculture and Rural development)
No. | Name of tester | Address |
1 | Quatest 1 | 08 Hoang Quoc Viet street, Hanoi |
2 | Quatest 2 | 02 Ngo Quyen street, Da Nang city |
3 | Quatest 3 | No. 49 Pasteur street, Ho Chi Minh city. |
… |
|
|
Notes: This list will be updated upon changes.
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