Announcement of technical regulation conformity procedure for imported construction materials

Situation: I am currently the Director of Construction Company B, which produces and supplies construction materials. We are planning to import high-end tiles for construction and interior design. To ensure that the product complies with Vietnamese legal regulations, the administrative authorities require our company to conduct an Announcement of Technical Regulation Conformity for the product’s quality. I would like to ask the lawyer: What is the Announcement of Technical Regulation Conformity? Do I need to follow specific steps in the procedure, and what documents and files do I need to prepare?

Answer:

1. Overview of Announcement of Technical Regulation Conformity

According to Clause 2 Article 3 of Circular 28/2012/TT-BKHCN: ”  Announcement of standard conformity means announcement by an organization or individual of the conformity of objects of activities in the domain of standard with relevant standards.”

Article 12 of Circular 28/2012/TT-BKHCN indicates the principles of application

1. This applies to products, goods, services, processes, or environments specified in national technical regulations issued by sectoral ministries or in local technical regulations issued by the People’s Committees of provinces or centrally-run cities.
2. Mandatory Nature: The Announcement of Technical Regulation Conformity is a compulsory activity.
3. For imported goods, the announcement involves compliance with state inspection regulations on the quality of imported goods, as stipulated in this Circular.
4. Basis for Announcement: The declaration of conformity is based on one of the following:

• Certification of conformity issued by a designated certification body;
• Self-assessment of conformity by the announcing organization;
• Certification of conformity issued by a registered certification body or one recognized under legal provisions.

Notes:

• Testing for conformity assessment must be conducted by a registered testing organization.
• If using results from a foreign conformity assessment organization, it must be legally recognized or designated by the competent state authority.
• If a product is subject to multiple technical regulations, the organization must register the announcement with the respective specialized agencies. The conformity mark can only be used after full compliance with all applicable regulations.

Legal Basis: Article 12 of Circular 28/2012/TT-BKHCN, amended by Circular 02/2017/TT-BKHCN.

2. Documentation for Announcement of Technical Regulation Conformity

According to Article 14 of Circular 28/2012/TT-BKHCN, the organization must prepare and submit the documentation directly or via postal service to the specialized agency designated by the sectoral ministry or the People’s Committee of the province or centrally-run city.

• In the case of Announcement of Technical Regulation Conformity based on conformity certification results issued by a designated certification body (first party), the dossier shall include:

• Conformity Announcement Form (Template 2. CBHC/HQ - Appendix III, Circular 28/2012/TT-BKHCN).
• Self-Assessment report includes:
• Name of the organization; address; telephone, fax;
• Name of the product or good;
• Code of the technical regulation;
• Conclusion that the product complies with the technical regulation;
• Commitment to quality compliance with the technical regulation and applicable standard, with full legal responsibility for the quality and self-assessment results.

Note: The report can be based on the organization’s own assessment or results from a registered conformity assessment organization.

• In case the Announcement of Technical Regulation Conformity is based on certification results from a registered conformity assessment body or a designated certification organization (third party), the dossier shall include:

• Conformity Announcement Form (Template 2. CBHC/HQ - Appendix III, Circular 28/2012/TT-BKHCN).
• Certified Copy of the Conformity Announcement Form, issued by a registered or designated certification body, with the conformity mark.

Legal Basis: Article 14 of Circular 28/2012/TT-BKHCN.

3. Procedures for Announcement of Technical Regulation Conformity

For imported goods like your tiles, the procedures are outlined in Article 13 of Circular 28/2012/TT-BKHCN, depending on the assessment method:

1. Based on Self-Assessment (Clause 1, Article 13 Circular 28/2012/TT-BKHCN):

• Register for quality inspection of imported goods, providing: Name of the importing organization, address, telephone, fax; Name of the goods, brand, model; Technical characteristics; Origin, manufacturer; Volume, quantity; Entry port; Import time; Contract; Packing List; Invoice; Bill of Lading; Import Declaration; Code of the technical regulation; Commitment to quality compliance with the technical regulation and applicable standard, with full legal responsibility.

Note: Within 01 working day after registering the quality inspection of imported goods on the organization’s registration form, the organization shall receive confirmation from the competent authority.

• Submit the confirmed registration to customs for clearance.
• Within 15 working days from customs clearance, submit the self-assessment results to the specialized agency.

Note: The organization shall be fully responsible for the self-assessment results and ensure that the goods conform to the declared technical regulations and applied standards. In case the goods fail to comply with the declared technical regulations or applied standards, the organization must promptly report to the competent authority and organize the handling or recall of such goods in accordance with legal provisions.

1. Based on Certification by a Registered or Recognized Certification Body (Clause 2, Article 13 Circular 28/2012/TT-BKHCN)

• Register for quality inspection of imported goods, providing: Name of the importing organization, address, telephone, fax; Name of the goods, brand, model; Technical characteristics; Origin, manufacturer; Volume, quantity; Entry port; Import time; Contract; Packing List; Invoice; Bill of Lading; Import Declaration; Code of the technical regulation; Commitment to quality compliance with the technical regulation and applicable standard, with full legal responsibility.

Note: Within 01 working day after registering the quality inspection of imported goods on the organization’s registration form, the organization shall receive confirmation from the competent authority.

• Submit the confirmed registration to customs for clearance.
• Within 15 working days from clearance, submit a certified copy of the Conformity Certificate to the specialized agency. If assessed abroad, submit within 3 working days from clearance.
• In cases where goods have been certified by a conformity assessment body in the exporting country, within 03 working days from the customs clearance date, the organization must submit a certified true copy of the Certificate of Conformity to Technical Regulations to the specialized regulatory authority.

Note: The organization shall be fully responsible for the self-assessment results and ensure that the goods conform to the applied technical regulations and announced standards. In case the goods fail to comply with the applied technical regulations or announced standards, the organization must promptly report to the competent authority and organize the handling or recall of such goods in accordance with legal provisions.

1. c. Based on Certification by a Designated Certification Body (Clause 3, Article 13 Circular 28/2012/TT-BKHCN)

• Register for quality inspection of imported goods, providing: Name of the importing organization, address, telephone, fax; Name of the goods, brand, model; Technical characteristics; Origin, manufacturer; Volume, quantity; Entry port; Import time; Contract; Packing List; Invoice; Bill of Lading; Import Declaration; Code of the technical regulation; Commitment to quality compliance with the technical regulation and applicable standard, with full legal responsibility.
• The competent authority issues the Notification of State Inspection Results on Imported Goods Quality.
• After receiving the Notification of State Inspection Results on Imported Goods Quality, the organization shall submit a certified true copy of this Notification to the customs authority for goods clearance.

Legal Basis: Article 13 of Circular 28/2012/TT-BKHCN.

4. Processing of the Announcement of Technical Regulation Conformity Documentation

According to Article 15 of Circular 28/2012/BKHCN, after registering the documentation for the Announcement of Technical Regulation Conformity with the specialized agency, the processing of the documentation is carried out as follows:

• Incomplete Documentation: Within three (03) working days from the date of receiving the documentation for the Announcement of Technical Regulation Conformity, the specialized agency shall issue a written notice requesting the organization making the announcement to supplement the required documents. If, after fifteen (15) working days from the date the specialized agency sends the request, the documentation is not fully supplemented as required, the specialized agency has the right to cancel the processing of the documentation.
• Complete Documentation: Within five (05) working days from the date of receiving the documentation for the Announcement of Technical Regulation Conformity, the specialized agency shall organize an inspection to verify the validity of the documentation:
• If the documentation is complete and valid:
  The specialized agency shall issue a Notice of Acceptance of the Documentation for the Announcement of Technical Regulation Conformity to the organization making the announcement.

Note: The Notice of Acceptance of the Documentation for the Announcement of Technical Regulation Conformity shall be valid for the same period as the Certificate of Technical Regulation Conformity issued by the designated certification body or for three (03) years from the date the organization's leadership signs and confirms the Conformity Assessment Report (in the case of self-assessment of conformity by the organization).

• If the documentation is complete but invalid: The specialized agency shall issue a written notice to the organization making the announcement, stating the reasons for not accepting the documentation.

Legal Basis: Article 15 of Circular 28/2012/TT-BKHCN