Question:
Dear Lawyer, Our company imports goods listed under the categories specified in Circular No. 41/2018/TT-BGTVT. The inspection officers have conducted an on-site check; however, the official inspection results are not yet available in the National Single Window system.
Could you review and advise us whether moving the goods out of the registered storage location before receiving the official inspection certification would be considered a violation of the law? If so, what specific penalties could apply?
Response:
SB Law provides the following advice:
The goods imported by your company fall under the categories specified in Circular No. 41/2018/TT-BGTVT. However, this Circular has been replaced by Circular No. 12/2022/TT-BGTVT, effective from August 15, 2022. Considering that the product list in the new Circular has not undergone significant changes, SB Law understands that the products your company imports are also covered under the product categories listed in Circular No. 12/2022/TT-BGTVT.
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Legal Basis Under Article 3 of Circular No. 12/2022/TT-BGTVT:
“Article 3. Principles for managing the list of products and goods that may pose safety risks under the responsibility of the Ministry of Transport
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2. The list of products and goods in Appendix II issued with this Circular is subject to the following principles:
a) Imported products and goods must be certified for technical safety and environmental protection in accordance with regulations, except for cases specified in point b of this clause;
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c) The certification or conformity declaration under points a and b of this clause shall be carried out after customs clearance of the imported products and goods and before they are marketed;”
Based on this, SB Law understands that in the absence of official inspection results for products and goods that may pose safety risks, your company cannot sell these products to customers.
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Legal Classification Under Article 3.4 of the Law on Product and Goods Quality: Products and goods that may pose safety risks are classified as Group 2 products and goods.
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Penalties for Premature Market Release: If your company delivers goods to customers (markets the products) before obtaining the official inspection results, penalties under Article 20 of Decree No. 119/2017/ND-CP (amended and supplemented by Clause 35, Article 2 of Decree No. 126/2021/ND-CP) may apply:
“35. Amendment and supplementation of Clause 6, Article 20 as follows:
6. A fine of 2 to 3 times the value of the non-compliant products or goods sold applies to the following acts:
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c) Selling goods without implementing management measures as stipulated in corresponding national technical regulations or without certification of conformity or inspection within the prescribed period for Group 2 goods.”
Additionally, under Article 32.6 of Circular No. 38/2015/TT-BTC (amended by Article 1.21 of Circular No. 39/2018/TT-BTC): If your company violates regulations regarding the storage of goods, beyond administrative penalties, you will be prohibited from continuing to store goods under customs supervision for one year from the date the customs authority records the violation for improper storage.
