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Question: 3.1.2. Documents, order and procedures for conformity announcement 3.1.2.1. Documents of conformity announcement The organization or individual shall announce the regulation on making 02 (two) sets of conformity announcement documents, in which 01 (one) set of documents shall be submitted directly or sent by post or portal. one door of the Department of Industry and Trade in the provinces and cities directly under the Central Government (hereinafter referred to as the Department of Industry and Trade)   In the provisions at Point 3.1.2.1 above in Circular No. 21/2017 / TT-BCT dated October 23, 2017 of the Ministry of Industry and Trade, our company has declared the documents right after being granted the Certificate of Conformity. The one-stop portal of Ho Chi Minh Department of Industry and Trade follows the guidelines on the website of the department as follows: “From November 15, 2018, the Department of Industry and Trade only receives online conformity announcement documents via Web portal of Department of Industry and Trade http://congthuong.hochiminhcity.gov.vn/. Proposing organizations and individuals producing and trading textile products in the city to apply and submit their dossiers through the above-mentioned electronic portal. "   But the question here is: When our company finishes the procedure to submit the application for publication of online textile products on the HCM City Website, the company has been selling and consuming the products. Is the stamp stamped properly and has a certificate of conformity to the market?   Case 1: Our company has to wait 5 days from the date the notice of acceptance has been accepted and on the website of the Department of Industry and Trade has successfully recorded, our company can sell. Evidence as below: Ask about the results of confirmation of conformity announcement of textile products Sender: Nguyen Tuan Hung - Email: nhichauco@gmail.com Date of inquiry: February 27, 2019 - Phone number: 0903732389 Dear: Department of Industry and Trade Ho Chi Minh City - Nhi Chau One Member Co., Ltd. sent a registration dossier to receive the announcement of TEXTILE PRODUCTS REGULATION on February 22, 2019 but on February 27, 2019, there was no confirmation of the lake. profile. ANSWER QUESTIONS Hello Business! The application file to receive the declaration of textile and garment products of the Enterprise will be published after 05 working days. Best regards   HCMC Department of Industry and Trade [February 28, 2019]   Case 2: Our company is sold immediately upon submission of online textile products publication on HCM City Website as above. We hope to receive the advice and assistance of the Ministry of Industry and Trade advisory board in guiding and pointing out which case above is true so that our company can feel secure to do business in order to comply with the content in Circular 21/2017 / TT-BCT and other normative legal documents.

Answer:

At Item 3.1.2.1. "Documents of conformity announcement" of QCVN: 01/2017 / BCT, enterprises submit documents of conformity announcement directly or via post or one-stop portal of the Department of Industry and Trade of the province.

Pursuant to Article 15 in the Consolidated Document No. 05 / VBHN-BKHCN of August 28, 2017 of the Ministry of Science and Technology, the Ministry of Industry and Trade has guided: "After 05 (five) working days from the date of receipt If the application is published in conformity with the regulations, the Department of Industry and Trade has a written reply to the enterprise (for cases of incomplete or invalid conformity announcement documents) or posted on the Department's information portal (for cases complete and valid dossier of conformity announcement) ”.

According to the above guidance, the question of enterprises can be divided into the following two cases:

-Case 1: Within 05 (five) working days from the date of receipt of the dossier of announcement of conformity with the Department of Industry and Trade, there is a written reply to the enterprise (for cases of incomplete or incomplete conformity announcement documents) valid): Enterprises are not allowed to bring goods to sell, businesses must bear full responsibility if they violate.

- Case 2: After 05 (five) working days from the date of receipt of the dossier of announcement of regulation, the Department of Industry and Trade has no written reply to the enterprise: Enterprises are allowed to bring goods to sell, Department of Industry and Trade must bear responsibility for slow response to businesses. If more than 05 (five) working days from the date of receipt of the dossier to announce the regulation, the Department of Industry and Trade will issue a written reply to the enterprise (for cases of incomplete or invalid declaration of conformity). Industry is not responsible for this delay.

In this case, request the enterprise to respond to the Ministry of Industry and Trade (attached documents of proof) for the Ministry to discuss with the Department of Industry and Trade.