Thông tư 09/2021/TT-BKHCN sửa đổi 1:2021 QCVN 20:2019/BKHCN Quy chuẩn kỹ thuật quốc gia về thép không gỉ do Bộ trưởng Bộ Khoa học và Công nghệ ban hành

CIRCULAR

AMENDMENT 1:2021 QCVN 20:2019/BKHCN NATIONAL TECHNICAL REGULATION ON STAINLESS STEEL

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007 elaborating a number of Articles of the Law on Standards and Technical Regulations and Government’s Decree No. 78/2018/ND-CP dated May 16, 2018 on amendments to some Articles of the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007 elaborating a number of Articles of the Law on Standards and Technical Regulations;

Pursuant to the Government’s Decree No. 95/2017/ND-CP dated August 16 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the request of Director General of Directorate for Standards, Metrology and Quality and Director General of Department of Legal Affairs;

The Minister of Science and Technology hereby promulgates a Circular on Amendment 1:2021 QCVN 20:2019/BKHCN National technical regulation on stainless steel.

Article 1.Promulgated together with this Circular is Amendment 1:2021 QCVN 20:2019/BKHCN National technical regulation on stainless steel.

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Article 2. Effect

1. This Circular comes into force from January 01, 2022.

2. From the effective date of this Circular, the products of stainless steel classified under HS codes specified in QCVN 20:2019/BKHCN and Amendment 1:2021 QCVN 20:2019/BKHCN must satisfy the requirements set out in this Circular.

Article 3. Roadmap for application

1. As of June 01, 2022, the products of domestically manufactured and imported stainless steel classified under HS codes specified in QCVN 20:2019/BKHCN and Amendment 1:2021 QCVN 20:2019/BKHCN must meet the requirements set out in the National technical regulation on stainless steel before being circulated on the market.

2. If a standard applicable to products of stainless steel is announced as prescribed in point 2.1.2 of Amendment 1:2021 QCVN 20:2019/BKHCN, such standard shall remain effective until December 31, 2022 inclusive.

Article 4. Grandfather clause

Regarding products of stainless steel which have been certified and declared conformable with QCVN 20:2019/BKHCN, the regulations under QCVN 20:2019/BKHCN shall continue to be applied until the expiry date of the certificate of conformity issued to the corresponding products of stainless steel.

Article 5. Implementation

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2. Ministers, heads of ministerial agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, organizations and individuals concerned are responsible for the implementation of this Circular.

3. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Science and Technology for instructions or appropriate amendments./.

PP. THE MINISTERTHE DEPUTY MINISTERLe Xuan Dinh

AMENDMENT 1:2021 QCVN 20:2019/BKHCN

NATIONAL TECHNICAL REGULATION ON STAINLESS STEEL

Foreword

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NATIONAL TECHNICAL REGULATION ON STAINLESS STEEL

1. GENERAL

Point 1.1 is amended as follows:

“The present document provides for limits of content by weight of chemical elements and requirements for management of quality of stainless steel domestically manufactured, imported and circulated on the market.

The list of stainless steel and corresponding HS code is provided in the Appendix to National technical regulation QCVN 20:2019/BKHCN and Amendment 1:2021 QCVN 20:2019/BKHCN.

Points 1.3.2 and 1.3.3 are amended as follows:

“1.3.2.Batch: Stainless steel of the same grade and nominal size (regardless of its length and width), produced at once through one production line.

1.3.3.Lot: Stainless steel of the same grade and nominal size (regardless of its length and width), produced by the same manufacturer or imported by one importer under the same dossier or traded at one location.”

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Point 2.1 is amended as follows:

“2.1.Chemical composition of stainless steel domestically manufactured, imported and circulated on the market which is assessed to be conformable with this Technical Regulation must conform to the requirements of the steel grade under the announced applicable standard, provided that the chromium content is not less than 10.5 % (by weight) and the carbon content does not exceed 1.2 % (by weight).

2.1.1.The announced applicable standard may be National standard (TCVN), international standard, regional standard, national standard of a foreign country, ASTM standard or SAE standard.

2.1.2.If the announced applicable standard is not a standard specified in point 2.1.1, the chromium and carbon content specified in such announced applicable standard shall not be contrary to the regulation set out in point 2.1.”

Point 2.3 is amended as follows:

“2.3.When carrying out assessment of its conformity with this Technical Regulation, requirements for sampling methods and sample testing methods for domestically manufactured and imported stainless steel must be in compliance with the corresponding regulations under the announced applicable standard. Where the announced applicable standard does not specify any testing method, the testing method mentioned under National standard (TCVN), international standard, regional standard, national standard of a foreign country, ASTM standard or SAE standard may be adopted”.

3. LABELING REQUIREMENTS

Article 3 is amended as follows:

“3.1.The labeling of goods must comply with the Government’s Decree No. 43/2017/ND-CP and relevant legal documents on goods labels.

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3.3.Stainless steel imported into Vietnam must be labelled under clause 2 Article 10 of the Government’s Decree No. 43/2017/ND-CP and relevant legal documents on goods labels.

3.4.Regarding stainless steel circulated in Vietnam, its label must show the following mandatory information in Vietnamese:

- Name of goods.

- Name and address of the organization or individual responsible for the goods.

- Origin of goods.

If the origin is not identifiable, the place where the final step of manufacturing takes place in accordance with regulations of law on goods labels shall be specified.

- Quantities: Nominal size, weight and measurement units of goods (Flat-rolled plate, flat-rolled bar: thickness, area or width x length; flat-rolled coil: thickness, width and length or net weight of coil; Wire, bar (round, profile): cross-section, diameter and length or net weight of wire, bar; Tube: outside diameter and inside diameter or thickness and length).

- Composition quantities: steel grade, code of announced applicable standard.

- Specifications: Content (%) of chemical elements according to the announced standard.

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4. MANAGERIAL REQUIREMENTS

Article 4 is amended as follows:

“4.1.Domestically manufactured stainless steel must have its conformity declared in accordance with the regulations laid down in Article 2 of this Technical Regulation, bear CR marking and label in accordance with the regulations prescribed in Article 3 of this Technical Regulation before being circulated on the market.

The declaration of conformity shall comply with the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on declaration of standard conformity and technical-regulation conformity and methods for assessment of conformity with standards and technical regulations; Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Minister of Science and Technology on amendments to some Articles of the Circular No. 28/2012/TT-BKHCN; Circular No. 06/2020/TT-BKHCN dated December 10, 2020 of the Minister of Science and Technology elaborating to Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018, Decree No. 154/2018/ND-CP dated November 09, 2018 and Decree No. 119/2017/ND-CP dated November 01, 2017 of the Government.

The basis for conformity declaration is the result of certification/inspection given by a certification/inspection body which has registered its operation in accordance with the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016 on provision of conformity assessment services, the Government’s Decree No. 154/2018/ND-CP dated November 09, 2018 amending, supplementing and repealing certain regulations on investment and business conditions in sectors under the management of the Ministry of Science and Technology and certain regulations on specialized inspections or has been recognized under the Circular No. 27/2007/TT-BKHCN dated October 31, 2007 of the Ministry of Science and Technology providing guidance on the signature and implementation of agreements on mutual recognition of conformity assessment results.

4.2.Imported stainless steel must undergo state inspection of its quality in accordance with the regulations laid down in Article 2, bear CR marking and label in accordance with the regulations prescribed in Article 3 of this Technical Regulation before being circulated on the market.

Inspection of quality of imported stainless steel and exemption therefrom shall comply with the Government’s Decree No. 132/2008/ND-CP elaborating some Articles of the Law on Quality of Products and Goods; Government’s Decree No. and clause 1 Article 4 of the Government’s Decree No. 154/2018/ND-CP dated May 15, 2018 on amendments to some Articles of the Decree No. 132/2008/ND-CP; Decree No. 154/2018/ND-CP; Circular No. 06/2020/TT-BKHCN and Government’s Decree No. 85/2019/ND-CP dated November 14, 2019 prescribing handling of administrative procedures via National Single Window and ASEAN Single Window and specialized inspection of exports and imports.

4.3.Conformity assessment methods, validity of certificate

Conformity assessment methods shall serve as the bases for certification of conformity and state inspection of quality of stainless steel as specified in Article 5 and Appendix II of the Circular No. 28/2012/TT-BKHCN.

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4.3.2.For imported stainless steel, carry out conformity assessment according to Method 7 (Testing representative samples and assessing conformity of a batch/lot) for each lot of imported stainless steel. If the importer requests the certification at the manufacturing establishment of the exporting country, carry out conformity assessment according to Method 5 (Testing representative sample and assessing the manufacturing process; carrying out supervision by testing the sample collected from the manufacturing location or on the market in association with assessment of the manufacturing process).

4.3.3.The certificate of conformity regarding Method 7 shall be only valid for each lot or each batch and for more than 3 years regarding Method 5.

4.4.Sampling and testing in support of conformity assessment

4.4.1.As stainless steel is assessed to be conformable with this Technical Regulation, the number of sample randomly taken from each batch or each lot shall comply with TCVN 7790-1:2007 Sampling procedures for inspection by attributes - Part 1: Sampling schemes indexed by acceptance quality limit (AQL for lot-by-lot inspection) and single sampling plan for normal inspection - level S2 and Acceptance Quality Limit (AQL) = 1.5 shall be employed for inspection of appearance and uniformity of the lot. The maximum number of samples taken for testing is 03 (three).

4.4.2.The testing in support of certification, inspection, and inspection of quality of stainless steel and its conformity with this Technical Regulation shall be carried out by a testing body designated by the Directorate for Standards, Metrology and Quality as prescribed by law.

4.5.Rules for recognizing conformity assessment results and using testing results

4.5.1.If a product covered by this Technical Regulation is manufactured from the stainless steel for which the result of assessment of conformity with this Technical Regulation is available, the certification/inspection body shall consider recognizing such conformity assessment result as there is sufficient evidence that the manufacturing of such product does not change any chemical composition of the steel.

4.5.2.Every certification body/inspection body may consider using the testing result given by a testing body in the exporting country so as to serve its certification if that testing body has been accredited by APAC (Asia Pacific Accreditation Cooperation) or by ILAC (International Laboratory Accreditation Cooperation) to have capacity in accordance with the provisions of the standard TCVN ISO/IEC 17025 General requirements for the capacity of testing and calibration laboratory for the testing range of chemical composition criteria of stainless steel.

4.5.3.Prior to the use of the testing result given by a conformity assessment body in the exporting country, the certification body/inspection body must notify the Directorate for Standards, Metrology and Quality for monitoring and management purposes. Where necessary, the Directorate for Standards, Metrology and Quality shall inspect the use of testing results by the certification body/inspection body.

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5. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Point 5.2 is amended as follows:

“5.2.Stainless steel manufacturers and traders must satisfy the requirements enshrined under Article 2, implement the regulations specified in Article 3 and Article 4 of this Technical Regulation”.

Point 5.3.4 is amended as follows:

“5.3.4.Goods-related documents, technical documents, testing results and certificate of conformity shall be archived for at least 10 years.”

Points 5.4, 5.5 and 5.6 are amended as follows:

“5.4.Stainless steel importers

5.4.1.Every stainless steel importer shall apply to the inspecting authority for state inspection of quality as prescribed in the Circular No. 06/2020/TT-BKHCN.

5.4.2.Goods-related documents, technical documents, testing results and certificate of conformity shall be archived for at least 10 years.

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Every trader is only allowed to trade in stainless steel that satisfies quality requirements and bears conformity marking and label in accordance with this Technical Regulation, and shall present a certified true copy of the conformity assessment result to the inspecting authority upon request.

5.6.Testing bodies, inspection bodies, testing bodies

5.6.1.Testing bodies, inspection bodies and testing bodies shall comply with this Technical Regulation and other relevant regulations of law. The recognition of certification results and testing results given by a conformity assessment body in the exporting country shall comply with the regulations laid down in point 4.5 of this Technical Regulation.

5.6.2.Goods-related documents, technical documents, testing results and certificates of conformity shall be archived for at least 10 years.”./

APPENDIX

LIST OF STAINLESS STEEL COVERED BY QCVN 20:2019/BKHCN

Making an addition to the Appendix to QCVN 20:2019/BKHCN as follows:

No.

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HS CODE

6

Tubes of stainless steel

7306.40.20

7306.40.90

7306.61.10

7306.61.90

7306.69.10

7306.69.90