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THE
MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
13/2001/QD-BKHCNMT
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Hanoi,
June 06, 2001
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DECISION
ISSUING THE PROVISIONAL REGULATION ON CERTIFICATION OF GOODS� COMPATIBILITY
WITH SAFETY STANDARDS
THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
Pursuant to the Ordinance on Goods Quality of
December 24, 1999;
Pursuant to the Government’s Decree No. 22/CP of May 22, 1993 on the tasks,
powers and organizational structure of the Ministry of Science, Technology and
Environment;
Pursuant to the Government’s Decree No. 86/CP of December 8, 1995 prescribing
the assignment of responsibility for the State management over goods quality;
Pursuant to the Prime Minister’s opinions in Official Dispatch No. 5397/VPCP-KG
of December 11, 2000 issuing a number of provisional regulations guiding the
implementation of the Ordinance on Goods Quality;
At the proposal of the General Director of Standardization, Metrology and
Quality Control,
DECIDES:
Article 1.- To issue
together with this Decision the "Provisional Regulation on Certification
of Goods’ Compatibility with Safety Standards" for goods subject to
quality control by the Ministry of Science, Technology and Environment.
Article 2.- This
Decision takes effect 15 days after its signing.
Article 3.- The General
Director of Standardization, Metrology and Quality Control and concerned
organizations and individuals shall have to implement this Decision.
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FOR THE MINISTER OF SCIENCE,
TECHNOLOGY AND ENVIRONMENT
VICE MINISTER
Bui Manh Hai
PROVISIONAL REGULATION
ON CERTIFICATION OF GOODS’ COMPATIBILITY WITH SAFETY
STANDARDS
(Issued together with Decision No. 13/2001/QD-BKHCNMT of June 6, 2001 of the
Minister of Science, Technology and Environment)
1. GENERAL PROVISIONS
1.1. This document provisionally prescribes the
contents of certification of goods�
compatibility with safety standards (hereafter referred to as safety
certification for short) according to the provisions of Articles 15 and 18 of
the 1999 Ordinance on Goods Quality.
1.2. The Provisional Regulation on safety
certification is elaborated on the basis of the assignment of responsibility
for the unified State management over goods quality to the Ministry of Science,
Technology and Environment in Clause 2, Article 24 of the 1999 Ordinance on
Goods Quality and the Ministry’s tasks and powers regarding the State management
over goods quality prescribed in Article 4 of the Government’s Decree No. 86/CP
of December 8, 1995.
1.3. The safety certification is effected on the
basis of consideration and evaluation of goods’ compatibility with safety
standards through the testing of typical samples.
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The list of goods subject to certification of their
compatibility with safety standards (called list of goods subject to safety
certification for short) is prescribed in Appendix 1 and shall be amended
and/or supplemented according to the management requirements.
1.4. Manufacturing or importing organizations
and individuals (hereinafter referred collectively to as enterprises) that have
goods on the list of goods subject to safety certification shall have to
register the safety certification and acquire safety certificates as well as
safety stamps for those goods before circulating them on the market. The safety
certification registration shall apply to each specific type of goods.
The following goods are not subject to safety
certification:
- Goods temporarily imported for re-export;
- Export goods (except where it is so requested
by enterprises or the importing party);
- Import goods being gifts, personal effects,
diplomatic or sample goods not used for commercial exchange, goods for
exhibitions and fairs.
1.5. The standards serving as basis for evaluation
of the goods compatibility (called evaluation standards) and standards applied
as goods testing measures are the Vietnamese Standards (TCVN) provided for in
the list of goods subject to safety certification.
1.6. The testing of goods for safety certification
must be conducted in the designated laboratories as specified in Item 2.2 of
this Regulation.
1.7. The safety certificates (being the
certificates of quality compatibility with the Vietnamese Standards on safety)
and the safety stamps granted to goods on the list of goods subject to safety
certification prescribed in Appendix 1 to this Decision shall comply with the
corresponding Vietnamese standards.
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1.9. For goods already granted safety
certificates and safety stamps, the concerned enterprises shall be allowed to
use the safety certificates to announce by themselves their goods� compatibility with the
Vietnamese Standards.
1.10. The General Department of Standardization,
Metrology and Quality Control (hereafter abbreviated to GDSMQC) shall have to
organize and guide in detail the safety certification as well as the
post-certification monitoring according to this Regulation.
2. SAFETY CERTIFICATION
PROCEDURES
2.1. The safety certification includes the
following contents:
a/ Testing typical samples to evaluate the goods
compatibility with safety requirements of the evaluation standards;
b/ Monitoring goods after safety certification
at the production establishments, storehouses or on the market.
2.2. The testing of typical samples must be
conducted at the designated laboratories.
The following laboratories shall be considered
for designation to conduct safety testing:
- The laboratories already recognized under the
VILAS system or those already recognized by recognizing organizations, which
have signed the mutual recognition agreements with VILAS;
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- The foreign laboratories or certifying
organizations, which are recognized by Vietnam as having full capability for
goods safety testing.
The GDSMQC shall announce the list of the
designated laboratories.
3. SAFETY CERTIFICATION
ORDER
3.1. Preparation
Enterprises having goods on the list of goods
subject to safety certification shall go through the following preparation
steps:
a/ Taking samples: Enterprises shall by
themselves take typical samples of their goods according to the prescribed
standards and send them to the designated laboratories for testing.
b/ Testing: The designated laboratories shall
have to test goods according to corresponding standards already specified in
the list of goods subject to safety certification and grant testing result
cards to enterprises.
c/ Compiling technical dossiers: The technical
dossiers compiled by enterprises shall comprise the following documents:
- The designs and photos of goods, especially of
the parts and details related to the goods�
safety;
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- The goods labels;
- The use instruction;
- The certificates (if any) for the goods and
enterprises.
The GDSMQC shall provide guidance on the
detailed contents of technical dossiers for each type of goods.
3.2. Registration
Enterprises shall compile dossiers of safety
certification registration and send them to the GDSMQC. Each dossier consists
of:
a/ The written registration of the goods
compatibility with safety standards;
b/ The technical dossier (Point c, Item 3.1);
c/ The original or valid copy of the testing
result card (Point b, Item 3.1), with a time limit of not more than six (6)
months as from the date of its issuance.
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The consideration and evaluation of registration
dossiers shall be effected according to the following steps:
a/ Considering the dossier documents
compatibility with the requirements of safety certification (within 5 days); in
case of incompatibility, requesting enterprises to supplement and complete the
dossiers; in case of compatibility, proceeding to the technical evaluation.
b/ Technical evaluation: evaluating the testing
result cards conformity with the technical dossiers and evaluation standards
(within 12 days); if the evaluation results are satisfactory, enterprises shall
be granted safety certificates;
If the evaluation results are unsatisfactory,
enterprises shall be notified thereof in order to take remedial measures within
the prescribed time limit. Past the prescribed time limit, the dossiers shall
be returned and enterprises shall have to fill in the registration procedures
once again.
3.4. Post-certification monitoring
The monitoring of the compatibility of goods,
which have been granted safety certificates, with the corresponding evaluation
standards and this Regulation shall be effected to maintain the goods� compatibility with the
evaluation standards.
The Departments of Standardization, Metrology
and Quality Control shall conduct the post- safety certification monitoring
twice a year. Once every six months, the Departments of Standardization,
Metrology and Quality Control shall send periodical reports on the monitoring
results to the GDSMQC and send extraordinary reports if detecting violations
related to the goods and enterprises according to this Regulation.
Annually, enterprises shall have to send typical
samples of their goods to the designated testing organizations for testing and
send the testing result cards to the Departments of Standardization, Metrology
and Quality Control in their respective localities.
On the basis of the testing result cards for the
goods typical samples, the comments or complaints of consumers and managerial
agencies, the post-certification goods monitoring shall be conducted at the
production establishments and/or on the market.
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4.1. Goods meeting the safety certification
requirements shall be granted safety certificates, which shall be valid for not
more than 3 years.
4.2. Within the effective durations of the
safety certificates, enterprises shall have to ensure the goods compatibility
with the corresponding evaluation standards and use the safety stamps strictly
according to regulations.
4.3. Re-certification
Enterprises shall have to register for
re-certification when goods safety certificates expire; the evaluation
standards have changed or the already certified goods witness changes, which
affect the goods compatibility with the safety requirements.
Goods subject to re-certification, if meeting
the safety requirements under this Regulation, shall be granted new
certificates. Goods, which are not re-certified shall have their appellations
in the list of goods already certified for their safety, deleted. The
re-certification contents and procedures shall be the same as those for the
first-time certification.
4.4. When detecting that their goods show signs
of incompatibility with the corresponding evaluation standards, enterprises
shall have to report such to the Departments of Standardization, Metrology and
Quality Control and the GDSMQC and at the same time, take measures to handle
the goods being produced or imported or circulated on the market as well as the
goods in use.
4.5. The safety certificates shall be withdrawn
and invalidated in the following cases:
- The post-certification monitoring results are
unsatisfactory;
- The goods cause accidents to their users due
to their failure to meet the safety requirements.
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The safety stamp is composed of the safety
compatibility stamp and control number (the stamp model is provided for in
Appendix 4).
5.1. The safety compatibility stamp has the
shape and size prescribed in TCVN 5680-2000 on standard compatibility stamps.
5.2. Control number:
A control number consists of 8 digits to be
inscribed in a safety certificate, of which:
The first 2 digits indicate the ordinal number
of the goods, prescribed in the List of goods subject to safety certification;
The 3 following digits indicate the ordinal
number of the enterprise registering certification;
The 2 following digits indicate the year of
certificate issuance;
The last digit indicates the time of certificate
issuance.
The control number must be inscribed below the
safety standard compatibility stamp.
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6. IMPLEMENTATION
ORGANIZATION
6.1. Within six (6) months after this Regulation
takes effect, in order to give time for relevant organizations and individuals
to make full preparations of the conditions for safety certification, goods on
the list of goods subject to safety certification which have not yet been
granted safety certificates and safety stamps under this Regulation, shall be
allowed to circulate on the market.
6.2. Past the above-said 6-month time limit, all
goods on the list of goods subject to safety certification must be certified
for their safety and granted safety certificates and stamps before being
circulated on the market.
7. INSPECTION, EXAMINATION
AND HANDLING OF VIOLATIONS
The inspection, examination and handling of
organizations and individuals that commit acts of violating the provisions on
safety certification shall comply with the current law provisions.
FOR THE MINISTER OF SCIENCE,
TECHNOLOGY AND ENVIRONMENT
VICE MINISTER
Bui Manh Hai
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OF GOODS SUBJECT TO CERTIFICATION OF THEIR
COMPATIBILITY WITH SAFETY STANDARDS
(List of goods subject to safety certification)
(Issued together with Decision No. 13/2001/QD-BKHCNMT of June 6, 2001 of the
Minister of Science, Technology and Environment)
Ordinal
number
Good�s appellations
Evaluation
standards
Testing
measures
1
Electric fans for domestic use, including
table fans, stand fans, ceiling fans and wall fans
TCVN 5699-2-80: 2000 (equivalent to IEC
60335-2-80: 1997)
TCVN 5699-2-80: 2000 (equivalent to IEC
60335-2-80: 1997)
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Electric kettles and other appliances used to
boil water with a nominal capacity of not more than 10 liters
TCVN 5699-2-15: 2000 (equivalent to IEC
335-2-15: 1995 and Amendment 1: 1999)
TCVN 5699-2-15: 2000 (equivalent to IEC
335-2-15: 1995 and Amendment 1: 1999)
3
Electric irons for domestic use
TCVN 5699-2-3: 2000 (equivalent to IEC
335-2-3: 1993 and Amendment 1: 1999)
TCVN 5699-2-3: 2000 (equivalent to IEC
335-2-3: 1993 and Amendment 1: 1999)
4
Hair dryers for domestic use
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TCVN 5699-2-23: 2000 (equivalent to IEC
335-2-23: 1996