Tiếng Việt
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Circular 27/2012/TT-BKHCN: State quality inspection of imported goods and compliance notes for importers
This operational note explains the legal and logistics implications of Circular 27/2012/TT-BKHCN for importers, compliance teams and customs operations. It focuses on inspection scope, dossier requirements, clearance condition, labeling, conformity evidence, processing timeline and market release risks.
DOCUMENT INFORMATION
| Field | Reviewed content |
|---|---|
| Document title | Circular on state inspection of quality of imported goods under the management responsibility of the Ministry of Science and Technology |
| Reference | 27/2012/TT-BKHCN |
| Issuing authority | Ministry of Science and Technology |
| Date of issuance | 12 December 2012 |
| Effective date | 27 January 2013 |
| Signer | Tran Viet Thanh |
| Current application note | The original Circular was amended/supplemented by Circular 07/2017/TT-BKHCN; operational use should cross-check Consolidated Document 06/VBHN-BKHCN (2017) and the procedure currently published on the National Single Window. |
EFFECTIVE DATE AND CURRENT APPLICATION
Circular 27/2012/TT-BKHCN was issued on 12 December 2012 and took effect on 27 January 2013. It was later amended by Circular 07/2017/TT-BKHCN, effective from 01 October 2017. For current filings, companies should also consult Consolidated Document 06/VBHN-BKHCN and the procedure on the National Single Window.
KEY CONTENTS TO NOTE
The table below separates the provisions that directly affect dossier preparation, clearance, market release and risk control for imported goods subject to quality inspection under MOST management.
| Key issue | Legal reference | Operational meaning for importers |
|---|---|---|
| Inspection scope | Articles 1 and 2 | The Circular regulates state quality inspection of imported goods under MOST management, especially group-2 goods that may cause unsafe conditions. Do not conclude based only on a trade name; verify the current group-2 list, HS code, product function, applicable QCVN/TCVN and actual technical dossier. |
| Goods outside the original scope | Clause 2 Article 2 | The original Circular excludes certain categories such as personal luggage, diplomatic goods, exhibition/fair goods, gifts, temporary import for re-export, goods in transit, bonded warehouse goods, processing goods for foreign traders and materials/equipment for investment projects. Any exemption should still be checked against amendments and current procedures. |
| Inspection basis | Article 3 | The inspection basis includes technical regulations, declared applicable standards, labelling rules and other legal requirements. Before filing, the importer should lock which QCVN applies, which standard is declared and whether original/sub-labels are complete. |
| Quality certificates | Clause 3 Article 4 | Quality certificates may include certificate of conformity, lot quality inspection/certification or management system certificate. The issuing body, designation/recognition status and validity of the certificate must be checked before use. |
| Clearance condition | Article 5 | Goods subject to quality inspection may be cleared only after the inspection authority issues a notice confirming that quality requirements are met. For temporary clearance before inspection, the importer must register for inspection and must not release goods to the market before completion. |
| Inspection registration dossier | Article 6 | The dossier includes the inspection registration form, contract, packing list, quality certificates, B/L, invoice, customs declaration, C/O if any, product photos/description, labels, sub-labels and CFS if any. Product name, model, origin and quantity must match across commercial documents, technical documents and customs declaration. |
| Inspection contents | Article 7 | The authority checks dossier completeness, conformity assessment results, conformity mark, labels and supporting technical documents. For group-2 goods with new unsafe characteristics and no corresponding QCVN, written acceptance under MOST rules may need to be reviewed. |
| Dossier processing timeline | Article 8 | For complete and compliant dossiers, the inspection authority issues a result notice within 03 working days from receipt. If the dossier is incomplete, supplementation may be required under the timeline stated in the original Circular and current procedure. |
| Label or certificate non-compliance | Point b Clause 2 Article 8 | Label non-compliance may trigger a correction request within no more than 10 working days. Certificate mismatch with the dossier or applicable technical regulation/declared standard may lead to a non-compliance notice to Customs and the importer. |
| Enhanced inspection and sampling | Article 9 | Where market goods fail quality requirements, complaints/denunciations arise or conformity assessment results are suspected, the authority may require certification/inspection, sampling or testing. Importers should reserve timeline, cost and retained samples. |
| Right to request retesting | Clause 3 Article 9 | If the importer disagrees with the sample test result, a written request for retesting of the retained sample at another designated testing body may be submitted within 02 working days from receipt of the result. |
| Handling non-conforming goods | Article 16 | Non-conforming goods may be subject to re-export, destruction or recycling depending on the competent authority’s decision. Recycled lots must be inspected again after recycling. |
| Appendix forms | Appendix | The Circular provides forms including inspection registration, dossier receipt, result notice, non-conformity report, sampling minutes, seal label and periodic report. For actual filing, electronic forms on the National Single Window should be prioritized. |
AFFECTED ENTERPRISES AND GOODS
| Analysis group | Operational interpretation |
|---|---|
| Enterprises | Importers, trading companies, manufacturers, EPE/FDI entities and logistics providers handling imported goods subject to MOST quality inspection. |
| Goods | Group-2 goods under MOST management and other imported goods with unsafe-risk warnings. Scope must be checked against the current applicable list. |
| Affected stages | Before customs declaration, during customs clearance, after temporary clearance, market release and post-clearance/market surveillance. |
| Documents to cross-check | Contract, invoice, packing list, B/L/AWB, customs declaration, C/O, catalogue, datasheet, test report/certificate, original label and Vietnamese sub-label. |
IMPACT ON IMPORT / LOGISTICS OPERATIONS
| Stage | Control point |
|---|---|
| Customs declaration | Classify whether the shipment is subject to state quality inspection before declaration submission. |
| Dossier control | Ensure consistency of product name, model, origin, manufacturer, quantity and technical specifications across all documents. |
| Specialized inspection | Identify the inspection authority, designated conformity body and applicable technical regulation before ETA. |
| Timeline and storage risk | Incomplete dossiers may cause additional storage, demurrage/detention and delivery delay. |
| Market release | Temporarily cleared goods should not be released to market until quality inspection is completed. |
DOCUMENT CHECKLIST
| Dossier group | Documents | Common risk | Pre-ETA control |
|---|---|---|---|
| Commercial | Contract, invoice, packing list, B/L/AWB, customs declaration, C/O if any | Mismatch of product name/model/origin/quantity | Cross-check draft documents with catalogue and label before shipment. |
| Technical | Catalogue, datasheet, product photo, original label, sub-label | Insufficient technical evidence to determine regulation | Collect datasheet and label images from supplier before pickup. |
| Quality | Conformity certificate, quality certificate/inspection certificate, test report | Expired or non-matching certificate | Check validity, issuing body, scope, model and standard/QCVN. |
| Forms | Inspection registration, dossier receipt, result notice, sampling minutes | Use of outdated form | Prefer current forms/e-submission on the National Single Window. |
RELATED LEGAL DOCUMENTS TO REVIEW
| Document group | Document | Role | Review note |
|---|---|---|---|
| Law | Law on Product and Goods Quality No. 05/2007/QH12 | Foundation for product quality management and import quality inspection. | Review current provisions for each case. |
| Decree | Decree 132/2008/NĐ-CP, as amended | Detailed implementation of the Law on Product and Goods Quality. | Also review Decree 74/2018/NĐ-CP and related amendments. |
| Labeling | Decree 43/2017/NĐ-CP and Decree 111/2021/NĐ-CP | Current labeling rules for imported goods. | Important for original label, sub-label and origin statements. |
| Amending circular | Circular 07/2017/TT-BKHCN | Amends/supplements Circular 27/2012/TT-BKHCN. | Must be reviewed before applying the original text. |
| Consolidated document | 06/VBHN-BKHCN (2017) | Consolidates Circular 27 and Circular 07. | Recommended for current operational review. |
VIEW / DOWNLOAD ORIGINAL DOCUMENT
FULL TEXT PREVIEW
The Vietnamese original is displayed below through a direct PDF preview to avoid shortening the legal text, appendices or forms. For current operational use, companies should also review the DOCX version on the Government legal document portal and the procedure published on the National Single Window.
Primary sources to review: the Government legal document portal and the National Single Window procedure materials. This English article is for operational reference only and is not an official legal translation.
FAQ
1. When did Circular 27/2012/TT-BKHCN take effect?
It took effect on 27 January 2013. However, it was amended by Circular 07/2017/TT-BKHCN, so current filings should be checked against the consolidated text and the procedure published on the National Single Window.
2. Does it apply to every imported shipment?
No. The core scope is imported goods in the list of potentially unsafe goods under MOST management, or goods subject to warning/risk-based inspection. The importer should verify the current list, HS code, applicable QCVN/TCVN and actual technical dossier.
3. Can temporarily cleared goods be sold immediately?
No. Temporarily cleared goods should not be released to the market before completion of state quality inspection.
4. What dossier should be prepared?
The original Circular refers to the inspection registration form, contract, packing list, quality certificates, B/L, invoice, customs declaration, C/O if any, product photos/description, labels, sub-labels and CFS if any. Actual filing must follow the current form and portal procedure.
5. What happens if the label is non-compliant?
The inspection authority may require the importer to correct the label within no more than 10 working days. Evidence of correction should be prepared before requesting the compliant inspection result.
6. What if the importer disagrees with a sample test result?
The importer may submit a written request for retesting of the retained sample at another designated testing body within 02 working days from receipt of the test result.
7. Does this Circular determine HS code or import duty?
No. It is not a tariff document and does not directly determine HS code or duty rate. However, HS code, product description and applicable QCVN are critical inputs for determining whether quality inspection applies.
8. Is it enough to read only the original Circular 27?
No. The original text should be read for the base procedure, but current application should also review Circular 07/2017/TT-BKHCN, Consolidated Document 06/VBHN-BKHCN and the National Single Window procedure.
GIẢI PHÁP TỪ TGIMEX
For shipments potentially subject to MOST quality inspection, companies should review legal scope and technical dossier before ETA, not only at the customs declaration stage.
Identify applicable legal documents, amendments, consolidated texts, product scope and inspection trigger conditions.
Cross-check invoice, packing list, B/L/AWB, declaration, C/O, catalogue, datasheet, certificate and labels.
Plan pre-ETA timeline, specialized inspection, customs declaration, port/warehouse handling and issue resolution.
NEED TO REVIEW IMPORT PROCEDURES OR A SHIPPING PLAN?
Send us the product name, shipping route, current dossier, or implementation request in advance so we can suggest a suitable approach that is practical, focused, and aligned with your shipment.
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