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THE MINISTRY
OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.:
10/2011/TT-BKHCN
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Hanoi, June
30, 2011
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CIRCULAR
AMENDING
AND SUPPLEMENTING A NUMBER OF PROVISIONS OF THE CIRCULAR NO. 08/2009/TT-BKHCN,
OF APRIL 08, 2009 OF THE MINISTER OF SCIENCE AND TECHNOLOGY GUIDING ON THE
REQUIREMENTS, ORDER AND PROCEDURES FOR REGISTRATION OF FIELD OF CONFORMITY
ASSESSMENT OPERATION
Pursuant to the Government’s Decree
No.28/2008/ND-CP, of March 14, 2008 defining the functions, tasks, powers and
organizational structure of the Ministry of Science and
Technology;
Pursuant to the Government’s
Resolution No.67/NQ-CP, of December 24, 2010 on simplifying administrative
procedures in scope, function, management of the Ministry of Science and
Technology;
Pursuant to the Law on Product and
goods quality of November 21, 2007;
Pursuant to the Government’s
Decree No. 132/2008/ND-CP, of December 31, 2008 detailing the implementation of
a number of articles of the Law on Product and goods quality;
A the proposal of the Director
General of Directorate for Standards, Metrology and
Quality,
The Minister of Science and
Technology stipulates:
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1. To amend and supplement
point 1.1.3 clause 1 item II as follows:
“1.1.3. It must always have at least
05 experts of assessment of the official personnel (public employees or
employees signing contract with a period of 12 months or more or the labor
contract of indefinite term) of the organizations and meet the following
requirements:
a) Having graduated from university
or more and professional skill consistent with the field of certification
registration;
b) Having the capacity of assessment
meeting the provisions in the national standards TCVN ISO 19011:2003 or
international standard ISO 19011:2002 – Guideline to evaluate quality
management systems and/or environmental management systems;
c) Being trained on certification of
management system (for system certification organizations); being trained on
certification of product (for product certification organizations)”.
2. To amend and supplement
points 1.2.1, 1.2.3 and 1.3 clause 1 item II as follows:
“1.2.1. The certification organizations
meeting the requirements specified in point 1.1 clause 1 of item II, formulate
a set of registration dossier of the field of certification operation and send
to the contact-point agency stipulated in point 1.3 clause 1, Item III of the
Circular No. 08/2009/TT-BKHCN, of April 08 2009 of the Ministry of Science and
Technology guiding on the requirements, order and procedures for registration
of field of conformity assessment operation (hereinafter referred to as the
Circular No. 08/2009/TT-BKHCN).
In case directly submitting at the
contact-point agency stipulated in point 1.3, clause 1, Item III of the
Circular No. 08/2009/TT-BKHCN, if documents specified in points 1.2.2.2,
1.2.2.3, 1.2.2.4 clause 1 item II have not yet authenticated, they must have originals
for comparison. In case dossier is sent via post, the certification
organizations must submit authenticated copies of documents specified in points
1.2.2.2, 1.2.2.3, 1.2.2.4 clause 1 item II.
1.2.3. Within 05 working days after
receiving complete and valid dossiers under the provisions in point 1.2.2,
clause 1 of this Item, the contact-point agency stipulated in point 1.3 clause
1, Item III of the Circular No. 08/2009/TT-BKHCN conducts a review of dossiers
and the grant of certificate of registration of certification operation field
in the form prescribed in Appendix III of the Circular No.
08/2009/TT-BKHCN for the certification organizations.
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Based on the dossier of registration,
minutes of assessment in reality and
result of conducting acts of remedy to meet requirement, within 05 working days, the Directorate for Standards,
Metrology and Quality grants registration certificate of the field of
certification operation under the form prescribed in Appendix III of the
Circular No. 08/2009/TT-BKHCN for the certification
organization.
In case of refusal to grant a
certificate, the contact-point agency must send written reply of the reasons
therefore to the certification organization applied for registration.
1.3. When the certification
organizations having been granted the registration certificate of the field of
certification operation have the needs of change, supplementation of operation
fields which have been registered, they must submit dossier of the registration
of changes and supplementation as prescribed in points 1.2.2.3, 1.2.2.4 and
1.2.2.6, clause 1 of item II. The written request for
change, supplementation of operation fields is prescribed in Appendix IV of the
Circular No. 08/2009/TT-BKHCN".
3. To amend and supplement
points 2.2.1, 2.2.3 and 2.2.4 clause 2 section II as follows:
“2.2.1. Testing organizations meeting
the requirements specified in point 2.1 clause 2 of Item II, make a set of
dossier for registration of field of testing operation and send to the
contact-point agency as specified in point 1.3, clause I Item III of the
Circular 08/2009/TT-BKHCN.
In case directly submitting at the
contact-point agency stipulated in point 1.3, clause 1, Item III of the
Circular No. 08/2009/TT-BKHCN, if documents specified in points 2.2.2.2,
2.2.2.3, 2.2.2.4 clause 2 item II have not yet authenticated, they must have
originals for comparison. In case dossier is sent via post, the certification
organizations must submit authenticated copies of documents specified in points
2.2.2.2, 2.2.2.3, 2.2.2.4 clause 2 item II.
2.2.3. Within 05 working days after
receiving complete and valid dossiers under the provisions in point 2.2.2,
clause 2 of Item II, the contact-point agency stipulated in point 1.3 clause 1,
Item III of the Circular No. 08/2009/TT-BKHCN conducts a review of dossiers and
the grant of certificate of registration of testing operation field in the form
prescribed in Appendix III of the Circular No. 08/2009/TT-BKHCN for the
certification organizations.
In case dossier fails to meet
requirements, and it is necessary to assess in reality, within 15 working days
after receiving a full dossier, the Directorate for Standards, Metrology and
Quality conducts a review and appraisal of dossier, appoints expert or
establishes an assessment team in order to assess in reality at the testing
organization. Expenditures for assessment activities of expert or assessment
team are ensured by the testing organization.
Based on the dossier of registration,
minutes of assessment in reality and result of conducting acts of remedy
to meet requirement, within 05 working days, the Directorate for Standards,
Metrology and Quality grants registration certificate of the field of testing
operation under the form prescribed in Appendix III of the Circular No.
08/2009/TT-BKHCN for the testing organization.
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2.2.4. When the testing organizations
having been granted the registration certificate of the field of testing
operation have the needs of change, supplementation of operation fields which
have been registered, they must submit dossier of the registration of changes
and supplementation as prescribed in points 2.2.2.3, 2.2.2.4 and 2.2.2.6,
clause 2 of item II. The written request for change, supplementation of
operation fields is prescribed in Appendix IV of the Circular No.
08/2009/TT-BKHCN".
4. To amend and supplement
point 2.4 clause 2 section III as follows:
“2.4. Annually and
irregularly when required, the contact-point agencies shall review the
situation, the operation results of organizations of conformity assessment that
have been granted certificates of registration of operation fields, report to
Ministry of managing branches, sectors and inform the Ministry of Science and
Technology (Directorate for Standards, Metrology and Quality) for coordinating
the management”.
5. To amend and supplement
point 3.2 clause 3 section III as follows:
“3.2. Annually and irregularly when
required, report according to the form prescribed in Appendix V of the Circular
No. 08/2009/TT-BKHCN on the results of the assessment operation of conformity
signed up, particularly for the certification organizations, it is reported by
form prescribed in Appendix VI of the Circular No. 08/2009/TT-BKHCN on the
results of certification operation; and also notify the Ministry of Science and
Technology (Directorate for Standards, Metrology and Quality) for synthesis and
report to the Prime Minister".
Article 2. Directorate for Standards, Metrology and Quality shall guide, operate
implementation of this Circular.
Article 3.
1. This Circular takes effect on
August 20, 2011.
2. In case legal documents, national
standards quoted in the Circular No. 08/2009/TT-BKHCN and this Circular are
amended and supplemented or replaced, complying with new documents.
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FOR THE
MINISTER OF SCIENCE AND TECHNOLOGY
DEPUTY MINISTER
Nguyen Quan