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THE
STATE COUNCIL
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom Happiness
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No. 49-LCT/HDNN8
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Hanoi,
December 27th, 1990.
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ORDINANCE
ON THE QUALITY OF GOODS
In order to improve State management,
guarantee and improve the quality of goods, accelerate business development,
make proper use of natural resources including manpower, guarantee the safety
and hygiene of the people, protect the environment and the rights and interest
of consumers, expand commerce and enhance international co-operation This Ordinance makes regulations on the control of the quality of
goods.
Chapter I
GENERAL PROVISIONS
Article 1
The State
of the Socialist Republic of Vietnam shall implement a uniform system of quality
control of goods, based upon the standards required by the laws of Vietnam
and the international treaties to which the Socialist Republic of Vietnam is a
party.
Article 2
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The State encourages and shall
create favorable conditions for organizations and individuals in order to
guarantee and improve the quality of goods and to protect the rights and
interests of consumers.
Organizations and individuals
engaged in business shall be responsible for the quality of the goods
Article 3
The
Council of Ministers shall implement a uniform system based on national
standards for controlling the quality of goods throughout the country.
The system of control of the
quality of goods implemented by the State shall consist of the following:
1. The formulating of plans and
the establishment of regulations to control the quality of goods.
2. The organization and
management of the activities of State managing authorities which are
responsible for the control of the quality of goods.
3. The publication of Vietnamese
standards which define the application of both Vietnamese standards and
international standards in relation to the quality of goods.
4. The grant and registration of
licenses to certify the quality of goods, the system for ensuring that the
quality complies with Vietnamese standards and recognition of the quality
control testing laboratories.
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Article 4
It is the
responsibility of the people's councils, the people's committees at all levels,
and all other State authorities and social organizations, to control, supervise
and create favorable conditions for the improvement of the quality of goods.
Every organization or individual
shall be entitled to complain about and report any breaches of the law on the
quality of goods and to recommend measures relating to the proper management of
the quality of goods to the people's councils, the people's committees at all
levels, the State authority controlling the quality of goods or any other
competent body. These bodies shall, in accordance with their respective levels
of competence and and resolve the complaints and study
the recommendation received, in accordance with the law.
Article 5
The
production and sale of any imitation goods or goods which are falsely alleged
to be of a certain quality is strictly prohibited.
Chapter II
AUTHORITIES CONTROLLING
THE QUALITY OF GOODS
Article 6
The
management bodies responsible for controlling the quality of goods include the
State management bodies, branches and basic units.
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The
authorities controlling the quality of goods shall consist of the following:
1. The General Department of Standards
Weights Measures and Quality under the State Committee for Science.
2. Regional Centers of Standards
Weights Measures and
3. Offices of Standards Weights
Measures and Quality of provinces, cities under central authority and
equivalent levels.
In certain areas of production,
the Chairman of the Council of Ministers shall assign to other authorities
under the Council of Ministers the exercise of State control over the quality
of goods.
Article 8
The State
authority controlling the quality of goods, shall in order to meet the
standards required for the quality control of goods, establish and guide
branches and local units.
Article 9
The State
authority controlling the quality of goods shall be responsible for the
following:
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2. Organize and prepare the
manner and form in which Vietnam's
standards are to be documented, participate in the formulation of international
standards and where appropriate, recommend that standards be adopted.
3. Register and issue licenses
certifying the quality of goods.
4. Certify the quality of goods,
the systems which will ensure that the quality of goods produced meets
Vietnamese standards and laboratories testing quality control.
5. Control the quality of
exported and imported goods.
6. Exercise the function of
State inspection of the quality of goods and within the limits of its
authority, deal with breaches of the laws on quality.
7. The provision of
organizational and professional guidance to the branches and units of the
quality control authorities.
8. The carrying out of
scientific and technical research into the standardization of the quality of
goods.
9. The dissemination of
information on the standard and quality of goods required.
10. The provision of training
courses and refresher courses on the standards of quality of goods.
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The Council of Ministers shall
determine if and to whom the duties and powers of the State authorities
responsible for the quality of goods shall be delegated.
Chapter
III
PROCLAMATION AND
APPLICATION OF STANDARDS
Article 10
The
standards shall be in the form of documents which contain the various
specifications, standards,
Article 11
Vietnamese
standards are State standards based on successful research into the application
of scientific and technical achievements, international standards, general
experience and the social and economic conditions of Vietnam.
Vietnamese standard shall be
proclaimed by the Chairman of the State Committee for Science on the
recommendation of the Director General of the General Department of Standards
Weights Measures and The Chairman of the Council of Ministers
may, on the recommendation of the Chairman of the State Committee for Science,
delegate to the head of a different authority under the Council of Ministers
the power to proclaim standards in relation to certain types of goods.
Article 12
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Any State authority or business organization
which or individual who is duly authorized may declare that the Vietnamese
standards which are otherwise voluntarily applied be compulsorily applied
within its or his local units.
Article 13
Organizations
which and individuals who are engaged in business shall apply the compulsory
Vietnamese standards.
The application of voluntary
Vietnamese standards is encouraged by the State.
Article 14
Organizations
and individuals engaged in business shall in accordance with the laws, declare
the standard of quality of their goods and remain wholly responsible for
ensuring compliance with these standards.
Each branch and locality may
declare its own branch or local standards which shall be applied to the various
establishments within its branch or locality.
The standards referred to in
this article shall not be contrary to any of the compulsory Vietnamese
standards and shall be prescribed in accordance with the instructions of the
General Department of Standards Weights Measures and Quality .
Article 15
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Based upon the requirements of
quality control at the time, the State Committee for Science shall periodically
determine a list of goods required to be registered in terms of quality
control. All organizations which and individuals who produce those particular
goods listed shall then register the quality of them accordingly.
All organizations and
individuals shall be wholly responsible for the quality of their goods which
have been registered.
Chapter IV
CERTIFICATE OF
COMPATIBILITY WITH VIETNAMESE STANDARDS
Article 16
Organizations
which, and individuals who, produce goods which are subject to compulsory
Vietnamese standards shall apply for certificates of compatibility with those
standards.
Organizations which, and
individuals who, produce goods in respect of which compliance with the
Vietnamese standards is voluntary may also request a certificate of
compatibility with those standards.
Article 17
Organizations
which, and individuals who, are engaged in business and have a system to
guarantee the quality of their goods shall have the right to request a
certificate of compatibility with the Vietnamese standards for their system.
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Organizations
which, who, have established their own laboratories to
test the quality of goods may request a certificate of Recognized Testing
Laboratory.
The State Committee for Science
shall proclaim the standards required for a Recognized Testing Laboratory.
Article 19
The
General Department of Standards Weights Measures and Quality is the authority
authorized to certify and issue certificates of Compatibility with Vietnamese
Standards in respect of goods referred to in article 16; to certify and issue
certificates in respect of the system of ensuring the quality of goods as
referred to in article 17; and to certify and issue certificates of Recognized
Testing Laboratory, as referred to in article 18 of this Ordinance.
Where an organization or
individual breaches the regulations which govern the certificates, the General
Department of Standards Weights Measures and Quality may cancel any certificate
previously issued to that organization or individual and withdraw its right to
use the stamp of Compatibility with Vietnamese Standards.
Article 20
The
following behavior is prohibited:
1. The production and sale of
goods which are subject to the compulsory application of Vietnamese standards without
any certificate and stamp of Compatibility with Vietnamese Standards.
2. The marking of goods with the
stamp of Compatibility with Vietnamese Standards before the appropriate
certificates and stamps have been
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Chapter V
RESPONSIBILITIES OF
ORGANIZATIONS AND INDIVIDUALS ENGAGED IN BUSINESS AND THE RIGHTS OF CONSUMERS
IN RELATION TO THE QUALITY OF GOODS
Article 21
Organizations
which, and individuals who, produce goods shall control product quality in
order that the goods produced or sold are of the quality registered or
otherwise published; provide true and correct information in relation to the
quality of goods; ensure that labels on the goods clearly state the contents
and the uses of the products; and assume full responsibility for the quality of
the goods produced.
Article 22
All
organizations
Article 23
Organizations
and individuals engaged in business shall publish use by dates and conditions
of use and provide guarantees in respect of each specific type of good sold.
Article 24
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The Council of Ministers shall
determine the amount of fees referred to in this article.
Article 25
When
purchasing goods, consumers have the right to be fully informed in their selection
of goods, and to demand that a guarantee be provided; they shall also be
entitled to claim compensation from the particular organization or individual
engaged in business in the event that they suffer damage caused by faulty
goods.
Chapter VI
QUALITY CONTROL OF
EXPORTED AND IMPORTED GOODS
Article 26
The State
Committee for Science shall periodically, in accordance with the need for
quality control at the time, compile a list of exported and imported goods
which shall be subject to quality control by the State.
Organizations which, and
individuals who, are engaged in the export or import of goods contained in the
above list shall register those goods for product quality control either by a
State authority controlling the quality of goods or other authorized body.
The State quality control
authority or authorized body shall control the quality of goods in accordance
with the regulations made by the Council of Ministers.
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The
export or import of any of the goods contained in the list referred to in
article 22 of this Ordinance without quality control and certificates having
been issued by the State quality control authority or authorized body is
strictly prohibited.
Goods which are certified as
complying with Vietnamese standards as referred to in article 16 of this
Ordinance may be exempted from further quality control by the State when being
exported.
Chapter
VII
STATE INSPECTION OF THE
QUALITY OF GOODS
Article 28
The State
quality control authority shall be responsible for the inspection of the
quality of goods.
The organization of and
activities in relation to the inspection of the quality of goods shall be
determined by the Chairman of the Council of Ministers.
Article 29
The State
inspection of the quality of goods shall include examination of the compliance
by an enterprise or individual with the laws regarding the quality of goods and
the making of any recommendations in relation to measures to be taken to
prevent, overcome or stop breaches of those laws.
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Article 30
During
the State inspection of the quality of goods, the head of each State quality
control inspection unit or officer shall have the powers and duties
1. Request that the
organizations or individuals concerned provide all documents and explanations
necessary for the inspection and to carry out technical control measures at the
premises.
2. Collect samples of the goods
for the purposes of testing in accordance with the regulations.
3. Request that the General
Department of Standards Weights Measures and Quality withdraw any certificate
of Compatibility with Vietnamese Standards or Recognized Testing Laboratory, in
the event that breaches of regulations relating to the certificate concerned
are discovered.
4. Suspend all business
activities and recommend to the head of the State quality control authority
measures to be taken in the event that those activities are likely to result in
serious consequences in terms of safety, hygiene, the environment and the
economy.
5. Give verbal warnings and
impose fines and penalties in accordance with the scope of their authority and
recommend to the State authority other measures to be taken and forms of
penalty to be imposed.
6. Transfer to criminal
investigation authorities all information in relation to any breaches of the
laws in the event that any evidence of criminal conduct is discovered.
The heads of the State quality
control inspection units and officers shall be responsible for ensuring that
all opinions formed and steps taken during an inspection are in accordance with
the law.
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The State
quality control body shall carry out an inspection to provide a basis upon
which disputes, complaints and allegations in relations to the quality of goods
may be considered and resolved.
The opinions formed in relation
to the quality of goods by either the General Director of the General
Department of Standards Weights Measures and Quality or by the head of the
office authorized by the Chairman of the Council of Ministers in respect of
State quality control shall be deemed to be of greatest legal significance.
Article 32
Organizations
or individuals engaged in business may submit official complaints in relation
to any conclusion drawn or the manner in which an inspection was carried out in
relation to the quality of goods on the premises, to the authority which
conducted the inspection or alternatively, to the direct superior State quality
control authority.
Any decisions made by the direct
superior State quality control authority in relation to complaints made shall
be binding.
Chapter
VIII
REWARDS AND PENALTIES
Article 33
Organizations
which, and individuals who, maintain good records in relation to compliance
with the regulations relating to the quality of goods or discover breaches of
those laws shall be rewarded in accordance with the regulations of the State.
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Organizations
which, and individuals who, do not comply with compulsory Vietnamese standards;
do not register the quality of their goods in accordance with the law; do not
give a guarantee of the quality of their goods in accordance with the standards
registered or published; breach any regulations concerning their compliance
with Vietnamese standards; forge the certificates or stamps of Compatibility
with Vietnamese Standards; abuse any of their powers or duties; act in a manner
contrary to, or obstruct the implementation of the regulations and laws
relating to the quality of goods or breach any other regulation of the State
shall, depending on the seriousness of the breach, be subject to administrative
penalty, or investigated for criminal liability accordance with the law.
Chapter IX
FINAL PROVISIONS
Article 35
All
previous provisions which are inconsistent with this Ordinance are hereby
repealed.
Article 36
This
Ordinance shall be of full force and effect as of 1 July 1991.
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