Hello TIN Holdings, I am preparing to establish an animal feed business, and I understand that this product falls under the category that must undergo conformity declaration. Therefore, I would like to learn more about the procedure for conformity declaration. I hope you can provide me with information on this matter.
Dear customer, thank you for your trust and request for legal consultation to TIN Holdings’ Legal Advisory Department. Our team of lawyers has reviewed your query and hereby provides the following detailed advice:
Legal Basis
- Circular No. 28/2012/TT-BKHCN regulates the compliance declaration, conformity declaration, and methods of assessing conformity with standards and technical regulations.
- Circular No. 02/2017/TT-BKHCN amends and supplements articles of Circular No. 28/2012/TT-BKHCN dated December 12, 2012, by the Minister of Science and Technology, which regulates the compliance declaration, conformity declaration, and methods of assessing conformity with standards and technical regulations.
Circular 02/2017/TT-BKHCN
Procedure for conformity declaration
According to Clause 2, Article 3 of Circular 02/2017/TT-BKHCN, “Conformity declaration is when an organization or individual declares that a product, goods, service, process, or environment complies with the corresponding technical standards.”
Procedure for conformity declaration: the business submits one set of documents to the specialized agency. The specialized agency is the professional body designated by the Ministry managing the sector or field, or by the People’s Committee of the province or city directly under the Central Government, to receive the conformity declaration from organizations or individuals.
The procedure for conformity declaration is regulated in Clause 3, Article 1 of Circular 02/2017/TT-BKHCN, which amends and supplements articles of Circular No. 28/2012/TT-BKHCN dated December 12, 2012, by the Minister of Science and Technology regarding compliance declaration, conformity declaration, and methods of assessing conformity with standards and technical regulations.
Case of conformity declaration based on self-assessment report
a) For domestically produced products and goods:
Organizations or individuals submit the conformity declaration dossier as regulated in Article 14 of the Circular to the specialized agency based on their self-assessment report.
After submitting the conformity declaration dossier to the specialized agency, organizations or individuals are entitled to circulate the goods.
b) For imported goods:
Organizations or individuals register for quality inspection of imported goods with details such as organization or individual’s name, address, phone, fax; product name, brand, type; technical specifications; origin, manufacturer; weight, quantity; port of entry; time of import; contract; packing list; invoice; bill of lading; customs declaration; standard code; commitment to product quality compliance with technical standards and regulations, and full legal responsibility for product quality.
Within 01 working day, the specialized agency confirms the organization or individual has registered for quality inspection of imported goods on their registration form;
Organizations or individuals submit the registration form confirmed by the specialized agency to the customs authority for clearance;
Within 15 working days from the date of customs clearance, organizations or individuals must submit the self-assessment report as required in point b, clause 1, Article 14 of this Circular to the specialized agency.
Organizations or individuals are fully responsible for the self-assessment report and ensuring the goods comply with the applicable technical standards and regulations. In case of failure, organizations or individuals must promptly report to the specialized agency and organize the handling and recall of these goods as per legal regulations.
Case of conformity declaration based on the assessment report of a registered or recognized certification organization (hereinafter referred to as the certification organization):
a) For domestically produced products and goods:
Organizations or individuals submit the conformity declaration dossier as regulated in Article 14 of the Circular to the specialized agency based on the assessment report of the certification organization.
After receiving the Notice of acceptance of the conformity declaration dossier from the specialized agency, organizations or individuals are entitled to circulate the goods.
b) For imported goods:
Organizations or individuals register for quality inspection of imported goods with details such as organization or individual’s name, address, phone, fax; product name, brand, type; technical specifications; origin, manufacturer; weight, quantity; port of entry; time of import; contract; packing list; invoice; bill of lading; customs declaration; standard code; commitment to product quality compliance with technical standards and regulations, and full legal responsibility for product quality.
Within 01 working day, the specialized agency confirms the organization or individual has registered for quality inspection of imported goods on their registration form;
Organizations or individuals submit the registration form confirmed by the specialized agency to the customs authority for clearance;
Within 15 working days from the customs clearance of goods, organizations or individuals must submit a certified true copy of the Certificate of conformity to technical regulations to the specialized agency.
If the goods have been evaluated by a certification organization in the exporting country, within 03 working days from the customs clearance, organizations or individuals must submit a certified true copy of the Certificate of conformity to technical regulations to the specialized agency.
Organizations or individuals shall take full responsibilities and ensure that the goods comply with the technical regulations and standards. In case of failure, organizations or individuals must promptly report to the specialized agency and organize the handling and recall of these goods as per legal regulations.
Conformity declaration form
Case of conformity declaration based on the assessment report of a designated certification organization:
a) For domestically produced goods and products:
Organizations or individuals submit the conformity declaration dossier as regulated in Article 14 of this Circular, with a certified true copy of the Certificate of conformity to technical regulations issued by the designated certification organization to the specialized agency for the issuance of the Notice of acceptance of the conformity declaration dossier;
After receiving the Notice of acceptance of the conformity declaration dossier, organizations or individuals are entitled to circulate the goods.
b) For imported goods:
Organizations or individuals register for quality inspection of imported goods with details such as organization or individual’s name, address, telephone, fax; product name, brand, type; technical specifications; origin, manufacturer; weight, quantity; port of entry; time of import; contract; packing list; invoice; bill of lading; customs declaration; standard code; commitment to product quality compliance with technical standards and regulations, and full legal responsibility for product quality with a certified true copy of the Certificate of conformity to technical regulations issued by the designated certification organization;
The specialized agency issues the State Notice of Inspection Results on the quality of imported goods;
After receiving the State Notice of Inspection Results on the quality of imported goods, organizations or individuals submit a certified true copy of this Notice to the customs agency for customs clearance.
The specialized agency specified in clauses 1, 2, and 3 of this Article processes the conformity declaration dossier as regulated in Article 15 of this Circular.”
Above is the procedure for conformity declaration for your reference. Should you have any further questions or require additional legal support, please contact our online legal consultation service through the hotline.
