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THE MINISTRY OF
SCIENCE AND TECHNOLOGY OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 03/VBHN-BKHCN
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Hanoi, August 06,
2018
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DECREE
ELABORATION OF THE
LAW ON QUALITY OF PRODUCTS AND GOODS
The Decree No. 132/2008/ND-CP dated December 31, 2008
of the Prime Minister elaborating the Law on quality of products and goods,
which comes into force from January 17, 2009, is amended by:
The Decree No. 74/2018/ND-CP dated May 15, 2018 of
the Prime Minister providing amendments to the Government’s Decree No.
132/2008/ND-CP dated December 31, 2008 elaborating the Law on quality of
products and goods, which comes into force from July 01, 2018.
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on quality of products and
goods dated November 21, 2007;
At the request of the Minister of Science and
Technology of Vietnam[1],
DECREE:
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GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates on certain Articles of the
Law on quality of products and goods in terms of quality control of products
and goods; inspection of quality of products and goods; national quality
awards; state management of quality of products and goods.
Article 2. Regulated entities
This Decree applies to organizations and
individuals that produce and/or trade products and goods, and those involved in
quality of products and goods in Vietnam.
Article 3. Potentially unsafe products and goods
1. Rules
for identification of potentially unsafe products and goods (products or goods
classified into group 2) shall be established on the following grounds:
a) The capability of causing
unsafety of the product or good;
b) State management
requirements and competences in each period.
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a) Chemical, physical and
biological nature;
b) Functional structure and
principles;
c) Transportation,
warehousing, storage and use.
3. Pursuant
to the provisions of Clause 1 and Clause 2 of this Article,
supervisory ministries of relevant sectors/industries
shall determine group-2 products and goods and their HS
codes in conformity with Vietnam’s nomenclature of exports and imports and
provide reasons for their determination in order to establish relevant national
technical regulations and measures for management of such group-2
products and goods in their managed sectors and industries as prescribed
in Clause 2 Article 32 of this Decree.
4. Supervisory ministries of
relevant sectors/industries shall collaborate and reach
agreement with the Ministry of Science and Technology of Vietnam on
determination of group-2 products and goods, and formulation of respective
national technical regulations and measures for management of such group-2
products and goods included in such national technical regulations. Formulation
of respective national technical regulations shall comply with regulations of
law on technical regulations and standards.
Chapter II
STATE MANAGEMENT OF QUALITY OF PRODUCTS AND GOODS
Section 1. QUALITY CONTROL DURING MANUFACTURING
Article 4. Ensuring product
quality during manufacturing before placing products on market
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a) Ensure that their products
are safe for human, animals, plants, property and environment;
b) Self-determine and give
warning of the capability of causing unsafety of the product.
c)[2] Manufacturers must abide by the provisions of
Article 19b of this Decree when putting codes/barcodes on their products/goods
or their packages.
2[3]. With regard to group-2 products, manufacturers are required to
follow procedures for declaration of conformity of their products with respective
national technical regulations. The declaration of conformity shall be
elaborated in respective national technical regulations and made by requiring
one of the followings:
a)
Results of assessment of conformity carried out at the discretion of organizations
or individuals;
b)
Certification results given by legally registered or
accredited certification bodies;
c)
Certification results given by legally designated
certification bodies.
If the manufactured products
to which the measure in Point a or Point b of this Clause is applied have been
found to fail to meet the quality standards or to be able to harm humans,
animals, plants, property or environment, or there is any complaint or
denunciation of their production, these products shall be subject to tighter control measures.
Regarding group-2 products
subject to specific manufacturing requirements, the supervisory ministries of
relevant sectors/industries shall promulgate national technical regulations on
their production process or include specific manufacturing requirements in
national technical regulations for such products. Manufacturers shall be
responsible to apply national technical regulations concerning
their production process and may be given conformity certification by legally
registered or accredited certification bodies.
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1. The
state inspection of product quality in manufacturing (hereinafter referred to
as “quality inspection in manufacturing”) shall be conducted by authorities in
charge of inspecting quality of products and goods (hereinafter referred to as
“inspecting authority”).
2. Quality
inspection in manufacturing shall be carried out on the following grounds:
a) Exported goods fail to meet
the requirements laid down in Article 32 of the Law on quality of products and
goods, and thus adversely influence the national interests and prestige;
b) Goods sold on the market
fail to comply with applicable standards or respective national technical
regulations. Such unconformity is systematical and repetitive.
3. Contents
of quality inspection:
a) Inspect the satisfaction of
requirements laid down in respective national technical regulations concerning production
process and implementation of measures for state management of product quality
in manufacturing;
b) Inspect the performance
process and results of conformity assessment, labeling, presentation of marking
of conformity with standards or regulations and accompanied documents of the
subject product;
c) Perform sample testing for
verifying the conformity of the subject product with applicable standards or
respective national technical regulations.
This testing procedure shall be
performed by a legally designated conformity assessment body if the product is
found to fail quality standards after undergoing the inspection procedures
specified in Points a and b of this Clause.
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Article 6. Actions against
violations during quality inspection in manufacturing
1. If a
manufacturer is found to fail to comply with the provisions of Article 28 of
the Law on quality of products and goods, the relevant inspection team shall
take actions in accordance with the provisions of Article 30 of the Law on
quality of products and goods, and issue a notification of unconformable
contents to the manufacturer in which the time limit for completing remedial
actions must be also indicated. The manufacturer shall remedy unconformable
contents at the request of the inspection team, and shall be allowed to place
their products on the market only after all of unconformable contents have been
successfully remedied. Before placing their remedied products on the market,
the manufacturer is required to give a written notification to the relevant
inspecting authority.
2. In case
the notification must be published on the mass media as prescribed in Point c
Clause 1, Clause 2 Article 30 of the Law on quality of products and goods, the
inspecting authority shall, depending on the nature and severity of the
violation as well as the degree and scope of influence,
decide whether the notification will be published on local or central radio or
television station or on another means of mass media.
3. In case
the imposition of administrative penalties on a violation is deemed necessary,
the inspecting authority shall transfer the case to and request competent
authority to follow procedures for imposing administrative penalties in
accordance with regulations of law on penalties for administrative violations.
The authority competent to impose administrative penalties shall notify the
inspecting authority of its actions and imposed penalties for monitoring.
Section 2. QUALITY CONTROL
OF IMPORTED GOODS
Article 7. Ensuring quality
of imported goods (before placing them on market)
1 . Importers
must fulfill requirements regarding product quality control as prescribed in
Article 34 of the Law on quality of products and goods before placing their
imported goods on the market, and also discharge the following
responsibilities:
a) Ensure that their goods are
safe for human, animals, plants, property and environment;
b) Self-determine and give
warning of the risk of causing unsafety of the good.
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2.[5] In
case group-2 products/goods are imported, the state inspection of quality of
imported goods shall be carried out through the assessment of the importer's
conformity declaration. The declaration of conformity shall be elaborated in
respective national technical regulations and made by requiring one of the
followings:
a)
Results of assessment of conformity carried out at the discretion of
organizations or individuals;
b)
Certification or inspection results given by legally registered or accredited
certification or inspection bodies;
c) Certification or inspection
results given by legally designated certification or inspection bodies.
2a.[6] Regarding imported
group-2 goods subject to the method of conformity declaration specified in
Point a Clause 2 of this Article according to relevant national technical
regulations, the importer shall be obliged to:
a) Apply
for state inspection of quality of imported goods and undertake that the
quality of imported goods conforms to respective technical regulations or
applicable standards using Form No. 01 in the Appendix enclosed with this
Decree with the authority in charge of inspecting quality
of products and goods (hereinafter referred to as “inspecting authority”) and
attach the following documents: copies of the contract and packing list (if
any), copies (bearing the importer’s certification) of the bill of lading,
invoice and declaration of imported goods; certificate of quality issued by a
competent authority of the exporting country (written
certification of quality or test result); certificate of origin (if
any), photographs or description of goods containing mandatory information to
be displayed on primary labels and secondary labels (if the primary label fails
to contain sufficient information as prescribed); and certificates of free sale
(CFS) (if any). Importer shall be fully responsible before the law for the
quality of their imported goods;
b) Within 01 working day,
obtain the inspecting authority’s certification of the importer’s application
for inspection of quality of imported goods given on the application form. The
importer shall submit the application form bearing the inspecting authority’s
certification to the customs authority for customs clearance purposes;
c) Within 15 working days
from the grant of customs clearance, provide the inspecting authority with
results of self-assessment of conformity as prescribed.
The importer shall take the
full responsibility for the provided results of self-assessment of conformity
and guaranteeing the conformity of imported goods with national technical
regulations or applicable standards. If the imported goods are found to be unconformable
with national technical regulations or applicable standards, the importer shall
promptly report the case to the inspecting authority, and take appropriate
actions or recall the goods as prescribed by law.
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a) Apply
for state inspection of quality of imported goods and undertake that the
quality of imported goods conforms to respective technical regulations or
applicable standards using Form No. 01 in the Appendix enclosed with this
Decree with the inspecting authority and attach the documents specified in
Point a Clause 2a of this Article. The importer shall be fully responsible
before the law for the quality of their imported goods;
b) Within 01 working day,
obtain the inspecting authority’s certification of the importer’s application for
inspection of quality of imported goods given on the application form. The
importer shall submit the application form bearing the inspecting authority’s
certification to the customs authority for customs clearance purposes;
c) Within 15 working days from
the grant of customs clearance, provide the inspecting authority with the
certified true copy of the original (bearing the importer’s signature and seal)
of certificate of quality (certificate of conformity with technical regulations
given by the certification body or certificate of inspection of conformity with
technical regulations given by the inspection body).
Where the goods have already
been assessed by the certification body of the exporting country, within 03
working days from the grant of customs clearance, the importer shall submit the
certified true copy of the original (bearing the importer’s signature and seal)
of certificate of conformity with technical regulations to the inspecting
authority. The importer shall take the full responsibility for and guaranteeing
the conformity of imported goods with national technical regulations or
applicable standards. If the imported goods are found to be unconformable with
national technical regulations or applicable standards, the importer shall
promptly report the case to the inspecting authority, and take appropriate
actions or recall the goods as prescribed by law.
2c.[8] Regarding imported group-2 goods subject to the
method of conformity declaration specified in Point c Clause 2 of this Article
according to relevant national technical regulations, the importer shall be
obliged to:
a) Apply
for state inspection of quality of imported goods and undertake that the
quality of imported goods conforms to respective technical regulations or
applicable standards using Form No. 01 in the Appendix enclosed with this
Decree with the inspecting authority and attach the certified true copy of the
original (bearing the importer’s signature and seal) of the certificate of
quality and the documents specified in Point a Clause 2a of this Article;
b) The
inspecting authority shall carry out inspection and take the following steps:
b1) Receive the application
for inspection of quality of imported goods using Form No. 02 in the Appendix
enclosed herewith and make certification on the importer's application form.
b2) Carry out inspection of
the contents specified in Point c of this Clause:
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- If the
application is sufficient but unsatisfactory, the inspecting authority shall take the following actions:
+ If labeling requirements
are not satisfied, the inspecting authority shall provide the importer with a
notice of results of state inspection of quality of imported goods indicating
the goods’ unconformity with quality standards using Form No. 03 in the
Appendix enclosed herewith, in which unconformable contents must be specified,
and also request the importer to correct their labels of goods within a maximum
duration of 05 working days. The inspecting authority shall give a notice of
the goods’ conformity with quality standards only after they are satisfied with
the proof of correction of labels provided by the importer;
+ If the quality certificate
of imported goods is unconformable with the imported shipment's dossier
or the applicable standards or respective technical regulations, the
inspecting authority shall make a notice of results of state inspection of
quality of imported goods indicating the goods’ unconformity with quality
standards using Form No. 03 in the Appendix enclosed herewith, in which
unconformable contents must be specified, and send it to the customs authority
and the importer. The case shall be also reported to competent authorities to
take actions as prescribed in Clause 2 Article 8 of this Decree;
- If the
application is insufficient, the inspecting authority shall point out the
documents to be supplemented in the application receipt note and request the
importer to complete the application within 15 working days. If failing to
complete the application within this time limit, the importer shall send a
document indicating reasons thereof and deadline for completing the application
to the inspecting authority. The inspection shall be continued after the
importer has submitted a complete application.
If the importer fails to
complete the application within the prescribed time limit, within 01 working
day from the deadline for completing the application, the inspecting authority
shall give a notice of results of state inspection of quality of imported goods
using Form No. 03 in the Appendix enclosed herewith. The notice clearly
indicates that “Documents of the shipment are insufficient" and shall be
sent to the importer and customs authority. The inspecting authority shall play
the leading role and cooperate with other competent authorities in carrying out
ad hoc inspection of quality of goods at the importer's premises.
c) The
inspecting authority shall carry out the following inspection contents:
c1) Inspect the adequacy of
the application for quality inspection of imported goods;
c2) Inspect results of
conformity assessment, conformity marking, labels of goods (if labeling is
required) and accompanied documents of the subject product or good:
- Inspect
the conformity of the quality certificate of the imported shipment with the
requirements laid down in respective technical regulations or applicable
standards and other regulations of law in force; inspect the accuracy and
consistency of information included in the application for quality inspection;
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- Inspect
the position, color, size and language of the label;
- Inspect
the conformity marking presented directly on the product or good or on their
package or label;
c3) Inspect the written
approval given by the supervisory ministry of relevant sector/industry to
imported group-2 product or good with new features which pose risk of causing
unsafely but are not yet prescribed in respective technical regulations.
3. Regarding
group-2 goods for which respective technical regulations concerning their
production process are available, the importer shall provide the certification
of satisfaction of manufacturing requirements given by a legally designated or
accredited certification body.
4. If a
group-2 good bears new features which may pose risk of causing unsafely under
reasonable and proper transport, warehousing, storage or use conditions but are
not yet prescribed in respective technical regulations or a good is first
imported into Vietnam and poses risk of causing unsafely, the importer shall
assume responsibility to prove that such imported good is safe for humans,
animals, plants, property and environment in accordance with regulations of
supervisory ministry of relevant sector/industry. The placing of this type of
imported goods on the market requires approval from the supervisory ministry of
relevant sector/industry.
5. Quality
of goods manufactured by enterprises located in export-processing zones for
domestic consumption shall be controlled in the same manner as imported goods.
6.[9]
Where the importer applies for quality inspection via the National Single
Window Portal, both registration of inspection and inspection results shall be
given via the National Single Window Portal.
If the imported goods to
which the measure in Clause 2a or Clause 2b of this Article is applied have
been found to fail to meet the quality standards or to be able to harm humans,
animals, plants, property or environment, or there is any complaint or
denunciation of their production or import, these imported goods shall be
subject to tighter control measures.
7.[10]
Group-2 products and goods exempted from the quality inspection upon
importation include:
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b) Goods of diplomatic
organizations or individuals, or international organizations within the
specified duty-free allowance (excluding motor vehicles, heavy-duty vehicles
and electric bicycles);
c) Sample products for
advertising purpose only, not being meant for consumption; sample products used
in scientific and production-oriented researches; sample products used in tests
carried out for the purpose of inspection or certification of conformity with
the national technical regulations or inter-laboratory tests;
d) Goods temporarily imported
for display or exhibition at trade fairs (excluding motor vehicles, heavy-duty
vehicles and electric bicycles);
dd) Gifts or donations within
the relevant within the specified duty-free allowance (excluding motor
vehicles, heavy-duty vehicles and electric bicycles);
e) Goods exchanged between border
residents that fall within the specified within the duty-free allowance;
g) Goods, supplies, machinery
and equipment temporarily imported for re-export which are not consumed and
used in Vietnam (excluding motor vehicles, heavy-duty vehicles and electric
bicycles);
h) In-transit, merchanting
and transshipment goods;
i) Goods sent from foreign
countries to bonded warehouses (excluding goods sent from bonded warehouses for
domestic consumption);
k) Raw materials, supplies
and sample products provided by foreign traders for processing or manufacturing
of exports;
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m) Goods re-imported for
repair or recycling at the request of foreign partners;
n) Goods imported to serve
emergency demands according to the Government’s or Prime Minister’s directives;
o) Goods imported for
national defense and security purposes;
p) Other goods serving
non-business purposes (in the non-trade form) as prescribed by law.
8.[11]
Reduction or exemption of inspection of quality of imported group-2 goods shall
be applied, subject to the following provisions:
a) Regarding imported goods
(excluding means of transport) which have the same name, usage, brand, type,
technical specifications, are made by a manufacturer, are of the same origin,
and are imported by the same importer, and, after 03 consecutive imports, gain
the results of conformity with the national technical regulations based on
which the inspecting authority has issued a written document confirming the
exemption from the quality inspection within a period of 02 years, including
the following information: Name, brand, type, technical specifications, origin,
manufacturer, quantity and volume of imported goods as registered, and unit of
measurement.
In order to be eligible for
such exemption or reduction, the importer shall submit an application
indicating such information as name, brand, type, technical specifications,
origin, manufacturer, quantity and volume of imported goods as registered, unit
of measurement, and results of assessment of conformity with national technical
regulations in 03 consecutive times.
b) During duration of such
exemption or reduction:
- Every
03 months, the importer must submit a report on the import status enclosed with
the results of assessment of conformity with national technical regulations or
applicable standards to the inspecting authority for its performance of
supervision and post-inspection tasks.
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c) During the reduction or
exemption period, if the imported goods sold on the market are found to be not
conformable with the national technical regulations or applicable standards or
if the complaints or denunciations of results of the assessment of conformity
are verified as true or when the imported shipment fails to pass an ad hoc
inspection of conformity, the inspecting authority shall give a notice of
suspension of the exemption regime.
The inspecting authority
shall annually conduct a verification visit to the importer’s storage facility.
The Ministry of Science and Technology of Vietnam shall stipulate procedures
and contents of inspection of quality of products and goods in manufacturing.
9.[12]
State inspection of quality of imported goods shall be undertaken by agencies
having assigned or decentralized authority over the quality of products/goods
that are affiliated to regulatory ministries of relevant sectors/industries,
and specialized agencies affiliated to provincial People's Committees. The
declaration of conformity shall be carried out in accordance with regulations
of law on technical regulations and standards.
Article 8. State inspection
of quality of imported goods and actions against violations
1. State
inspection of quality of imported goods (hereinafter referred to as “quality
inspection of imported goods”) shall be undertaken by inspecting authorities if
such imported goods are classified in group 2 or show signs or pose risk of
causing unsafety.
2. Contents
of the quality inspection of imported goods shall be same as those specified in
Clause 2 Article 27; inspection procedures shall comply with the provisions of
Article 35 and actions against violations found during inspection shall be
taken according to Article 36 of the Law on quality of products and goods.
If the imported goods meet
quality requirements, the inspecting authority shall give notice to the
relevant customs authority and importer for completing customs clearance
procedures. If the imported goods fail to meet quality requirements, the
inspecting authority shall, depending on the nature and severity of the
violation, request the competent authority to adopt one or some of the
following measures:
a) Request the importer to
re-export such goods;
b) Request the importer to
recycle or destruct such goods as prescribed. Recycled goods must also comply
with regulations on management of imported goods;
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3. Payment
of costs and charges of quality inspection of imported goods shall comply with
the provisions of Article 37 of the Law on quality of products and goods.
Section 3. QUALITY CONTROL
OF EXPORTED GOODS
Article 9. Ensuring quality
of exported goods before export
Exporters shall assume
responsibility to meet the requirements laid down in
Article 32 of the Law on quality of products and goods before shipping their
goods for export.
Article 10. State inspection
of quality of exported goods and actions against violations
1. Goods
which meet the requirements laid down in Article 32 of the Law on quality of
products and goods shall be exported without bearing inspection of inspecting
authorities.
2. In case
exported goods fail to meet quality standards and thus aversely influence the
national interests and prestige, inspecting authorities shall carry out quality
inspection in manufacturing as prescribed in Article 5 and take appropriate
actions as prescribed in Article 6 of this Decree.
3. Placing
exported goods on the domestic market must comply with management requirements
laid down in Section 1 Chapter II of this Decree.
Section 4. QUALITY CONTROL
OF GOODS PLACED ON MARKET
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Only goods which meet the
requirements laid down in Article 4 and Article 7 of this Decree shall be
placed on the market.
Article 12. Quality
inspection of goods placed on market
1. Inspecting
authorities shall develop methods for collecting information and analyzing
unconformable contents and goods failing to meet quality standards, quality
status of goods placed on the market in order to formulate plan and estimate of
costs of annual inspection as well as determine the goods subject to
inspection.
2.[13] Depending on the type
of inspection which may be carried out according to the inspection plan
approved by competent authorities, on an ad hoc manner or under a competent
authority’s direction, the inspecting authority shall conduct an inspection of
goods which are being placed on the market as follows:
a) Inspect the compliance
with regulations of law on quality of products and goods;
b) If a good has been found to
show any signs of failure to meet quality standards through the inspection in
Point a of this Clause, samples shall be taken and sent to a qualified
conformity assessment body for testing to check the conformity of the good with
applicable standards or respective national technical regulations. The employed
conformity assessment bodies must ensure independence and objectivity, and
assume legal responsibility for their provided assessment results.
Article 13. Actions against
violations found during quality inspection of goods placed on market
1. Inspecting
authorities shall carry out quality inspection of goods placed on the market
according to the inspection procedures in Article 39 and take actions against
any detected violations according to Article 40 of the Law on quality of
products and goods. Quality controllers or inspection teams shall notify
unconformable contents and time limits for completing remedial actions to
sellers. The seller shall be allowed to continue selling goods after remedying
all unconformable contents and sending a written notification thereof
to the inspecting authority.
2. In case
the notification must be published on the mass media as prescribed in Point c
Clause 1, Point c Clause 2 Article 40 of the Law on quality of products and
goods, the inspecting authority shall, depending on the nature and severity of
the violation as well as the degree and scope of influence, decide whether the
notification will be published on local or central radio or television station
or on another means of mass media.
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Article
13a. Responsibilities of organizations and individuals licensed to
manufacture and place products and goods on market [15]
1. Any
products and goods placed on the market must ensure no harm to humans, animals,
plants, property and environment.
2. Where
a product or good which is being placed on the market is found not to meet safety
requirements laid down in respective technical regulations or standards, or to
cause potential harm to humans, animals, plants, property or environment, the
relevant organization or individual that manufactures and places that product
or good on the market shall take appropriate actions, recall that product or
good, and comply with request of competent authorities.
Article 13b.
Valuation of violating products and goods sold [16]
1. The volume of a product or
good sold is total amount of that product or good determined according to
invoices, evidencing documents or records established at the date of receipt of
that product or good immediately preceding the inspection date, minus that
product or good inventory determined at the inspection date.
2. Value of a violating product or good sold equals the unit price at which that product
or good is sold at the time immediately preceding the date on which the
violation is detected multiplied by the volume of that product or good sold.
3. The Ministry of Science and
Technology of Vietnam shall provide detailed guidelines on valuation of
violating products and goods sold as prescribed in Clauses 1 and 2 of this
Article.
Section 5. QUALITY CONTROL
OF GOODS DURING USE
Article 14. Ensuring quality
of goods during use
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2. Goods
included in the List of goods subject to inspection during use shall be put
into use only after obtaining certificate of inspection results.
3. Users
or owners of goods subject to compulsory inspection shall pay all inspection
costs and inspection service fees. Costs of inspection
shall be paid under specific agreement made with the inspection body.
The Ministry of Finance of
Vietnam shall stipulate inspection service fees for goods subject to compulsory
inspection during use, collection and management thereof.
Article 15. Quality control
of goods subject to management during use
Supervisory ministries of
relevant sectors/industries shall, within the ambit of their assigned
management tasks prescribed in Clause 2 Article 32 of this Decree, stipulate
lists and procedures for management of goods subject to initial inspection or
testing and those subject to periodical inspection during use.
Article 16. Inspection of
quality of goods subject to management during use and actions against
violations
1. With
regard to goods subject to management during use, inspecting authorities shall
develop methods for collecting information for giving warning of risks of
unsafely, goods failing to meet quality standards, quality status of goods
subject to management during use in order to formulate plan and estimate of
costs of annual inspection as well as determine the goods subject to
inspection.
2. Depending
on the inspection plan and quality status of goods subject to management during
use, the inspecting authority shall conduct quality inspection of goods subject
to management during use as follows:
a) Inspect the satisfaction of
requirements laid down in respective national technical regulations concerning
the use of goods and implementation of measures for state management of quality
of goods during use;
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b) Inspect the compliance with
inspection requirements, inspection results and instructions for use
accompanied with the subject goods;
c) In case the requirements
mentioned in Point a or b of this Clause are found not to be fully satisfied,
or the subject goods are found not to meet quality standards, the inspecting
authority shall consider to employ a legally designated
conformity assessment body to carry out testing for such goods;
The employed conformity
assessment body must ensure independence and objectivity, and assume legal
responsibility for their provided assessment results.
3. When
detecting any good which fails to meet inspection requirements or respective
technical regulations, the inspection team or inspecting authority shall,
depending on the nature and severity of the violations, take the following
actions:
a) Notify unconformable
contents and the time limit for completing remedial actions to the good owner;
b) Request the the good owner
to temporarily suspend the use of the good and adopt appropriate measure for
publishing such suspension. All unconformable contents must be remedied, and
the good must be inspected and granted certificate of re-inspection results
before it is put into use;
c) Request a competent
authority to conduct inspection, impose administrative penalties, confiscate,
destruct or permanently suspend the use of the good.
Section 6. CONFORMITY
ASSESSMENT
Article 17. Conformity
assessment bodies and registration of their conformity assessment services [17]
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2. Registration
of operation of a conformity assessment body shall comply with the Decree No.
107/2016/ND-CP.
Article 18. Designation of
conformity assessment bodies and accreditation of
conformity assessment results [18]
1. Conformity
assessment bodies that have successfully completed operation registration procedures
as prescribed in Article 17 of this Decree shall be entitled to participate in
assessment of conformity of group-2 products and goods as prescribed in Point
a, Point b Clause 2 Article 4 and Point a, Point b Clause 2 Article 7 of this
Decree.
2. Conformity
assessment bodies designated by competent authorities shall be entitled to
participate in assessment of conformity of group-2 products and goods as
prescribed in Clause 2 Article 4 and Clause 2 Article 7 of this Decree.
3. Supervisory
ministries of relevant sectors/industries, and provincial People's Committees
shall designate conformity assessment bodies to carry out testing, inspection
and certification of products and goods under their management as prescribed in
Clause 2 of this Article.
4. Supervisory
ministries of relevant sectors/industries, and provincial People's Committees
shall publish lists of designated conformity assessment bodies, legally
registered conformity assessment bodies and accredited conformity assessment
bodies as prescribed in Clause 2 Article 26 of the Law on quality of products
and goods.
Article
18a. Eligibility requirements for being
designated as conformity assessment bodies [19]
1. Eligibility
requirements to be satisfied by a testing body
a) It has been issued with
certificate of registration of testing services as prescribed in the Decree No.
107/2016/ND-CP, which covers the testing sector specified in its application
for designation;
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As regards tests for which
proficiency testing or inter-laboratory comparison cannot be conducted, the
requesting testing body must supplement its test method dossier, give
confirmation of useful value of the test method and reference materials to
control the testing quality.
2. Eligibility
requirements to be satisfied by inspection and certification bodies
They have obtained
certificates of registration of inspection and certification services as
prescribed in the Decree No. 107/2016/ND-CP, which covers the inspection and
certification sector specified in their applications for designation.
Article
18b. Application for designation [20]
1. In
case of initial designation, the application shall include:
a) The application form made
using Form No. 04 in the Appendix enclosed herewith;
b) The copy of certificate of
registration of testing, assessment, inspection or certification services;
c) The list of analysts,
assessors, inspectors and assessment experts which is made using Form No. 05 in
the Appendix enclosed herewith and accompanied by copies of their
qualifications;
d) The list of technical
documents, respective standards and procedures for testing, assessment,
inspection or certification which is made using Form No. 06 in the Appendix
enclosed herewith and accompanied by copies of such documents;
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e) The copy of certificate of
accreditation of competence to provide testing, assessment, inspection or
certification services granted by a legal accreditation body (if any);
g) The copy of the report on
proficiency testing or inter-laboratory comparison with respect to the test
method applied to products/goods in question (if the applicant is a testing
body).
As regards tests for which
proficiency testing or inter-laboratory comparison cannot be conducted, the
requesting testing body must supplement its test method dossier, give
confirmation of useful value of the test method and reference materials to
control the testing quality.
Where a conformity assessment
body submits an application of operation registration (as prescribed in the Decree
No. 107/2016/ND-CP dated July 01, 2016) and an application for designation at
the same time, the application for designation may not include the documents
specified in Points b, c, d, dd and e of this Clause.
2. In
case of change or addition of scope and sector to be designated, the
application shall include:
a) The application form made
using Form No. 09 in the Appendix enclosed herewith;
b) The copy of certificate of
registration of testing, assessment, inspection or certification services; the
copy of decision on designation of the conformity assessment body;
c) The list of analysts,
assessors, inspectors and assessment experts in charge of the scope or sectors
specified in the application which is made using Form No. 05 in the Appendix
enclosed herewith and accompanied by copies of their qualifications;
d) The list of technical
documents, respective standards and procedures for testing, assessment,
inspection or certification in respect of the scope or sectors specified in the
application which is made using Form No. 06 in the Appendix enclosed herewith
and accompanied by copies of such documents;
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e) The copy of certificate of
accreditation of competence to provide testing, assessment, inspection or
certification services in respect of the scope or sectors specified in the
application granted by a legal accreditation body (if any);
g) The copy of the report on
proficiency testing or inter-laboratory comparison with respect to the test
method applied to products/goods in question (if the applicant is a testing
body).
As regards tests for which
proficiency testing or inter-laboratory comparison cannot be conducted, the
requesting testing body must supplement its test method dossier, give
confirmation of useful value of the test method and reference materials to
control the testing quality.
3. In
case of re-issuance of designation decision to a conformity assessment body
whose designation decision has been lost or damage or whose name and/or address
are changed or whose scope of designation is narrowed, the application shall
include:
a) The application form made
using Form No. 10 in the Appendix enclosed herewith;
b) The original of the
damaged designation decision (if the designation decision has been damaged).
4. Within
90 days before the expiry of the designation decision, the conformity
assessment body that still wishes to apply for designation shall submit the
same application as that for initial designation prescribed in Clause 1 of this
Article. The application submitted by the testing body that has been already
designated shall also include documents proving its participation in at least
one proficiency testing or inter-laboratory comparison applied to their
designated testing sector.
Article
18c. Submission methods [21]
When a conformity assessment
body wishes to participate in testing, assessment, inspection or certification
serving state management in a specific sector, it shall submit an application
for designation to the supervisory ministry of relevant sector/industry or
provincial People's Committee (hereinafter referred to as “designating
authority”) in the following manners:
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2. If
the application is submitted by post, the authenticated copies or certified
true copies (bearing the applicant’s signature and seal) of the documents
specified in Article 18b of this Decree shall be submitted.
Article
18d. Designation procedures [22]
1. In
case of initial designation or change o addition of scope and sector to be
designated:
a) Within 03 working days
from the receipt of the application, if the application is inadequate or
invalid as prescribed, the designating authority shall request the applicant in
writing to complete its application;
b) Within 20 working days
from the receipt of a valid application, the designating authority shall
appoint its specialist(s) or establish an assessment team to conduct a
verification visit to the applicant’s premises. Contents of this verification
visit are specified in Point c of this Clause.
In case of change or
modification of the designation, if the application is adequate and valid, the
designating authority shall examine the received application without conducting
the verification visit. In case the application is adequate but includes
unconformable contents, or at the request of a competent authority, or there is
any information about violations related to the received application, the
verification visit shall be required.
The applicant should be
notified in writing of this verification visit. Specialist(s) or members of the
assessment team in charge of the verification visit must complete training
courses in quality control system corresponding to each type of organization of
the applicant. Upon completion of the verification visit, a verification record must be prepared and signed by the
in-charge specialist(s) or members of the assessment team.
If the applicant is requested
to remedy the unconformable contents specified in the verification record, the
designating authority must be satisfied with a report on such remedial actions
within a maximum duration of 30 days. In case an extension to this time limit
is needed, the applicant shall send a written notification indicating the
official deadline for completion of its remedial actions to the designating
authority.
Within 05 working days from
the receipt of the report, if the applicant meets the requirements as
prescribed, the designating authority shall issue a designation decision to the
applicant using Form No. 08 in the Appendix enclosed herewith. Depending on the
actual capacity of the applicant, the designating authority shall decide the
validity period of the designation decision which shall not exceed 05 years
from the day on which it is signed.
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c) The verification visit is
conducted to assess the followings:
- The
applicant’s compliance with laws in the sector specified in the application;
- The
authenticity of the application;
- Other
activities related to the sector specified in the application.
Costs of the verification
visit shall be covered by the applicant.
2. In
case of re-issuance of the designation decision:
Within
the validity period of the designation decision, the conformity assessment body
that wishes to apply for re-issuance of the designation decision shall submit
an application as prescribed in Article 18b of this Decree to the designating
authority.
Within 05
working days from the receipt of an adequate and valid application, the
designating authority shall consider re-issuing the designation decision. If an
application is unsatisfactory, the designation decision shall give a written
response indicating unsatisfactory contents to the applicant.
Article
18dd. Responsibilities of supervisory ministries of relevant sectors and
industries, and Provincial People’s Committees [23]
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2. Receive
and process applications for designation and issue designation decisions to
eligible conformity assessment bodies to serve the inspection and assessment of
products and goods as prescribed in respective technical regulations issued by
supervisory ministries of relevant sectors/industries or in relevant
legislative documents.
3. Within
05 working days from the issue date of a designation decision, publish the list
of designated conformity assessment bodies on their website, and notify such
designation to the Ministry of Science and Technology of Vietnam for monitoring and information consolidation.
4. Carry
out inspection of conformity assessment services rendered by designated
conformity assessment bodies as prescribed by law.
5. In
December every year or on ad hoc basis, submit reports on designation of
conformity assessment bodies to the Ministry of Science and Technology of Vietnam
for its preparation and submission of consolidated report to the Prime
Minister.
Article
18e. Responsibilities of designated conformity assessment bodies [24]
1. Perform
the rights and obligations prescribed in Article 19 and Article 20 of the Law
on quality of products and goods. If a designated conformity assessment body is
found to violate the provisions of this Decree or Article 20 of the Law on
quality of products and goods, it shall, depending on the nature and severity
of the violation, be liable to penalties as prescribed by law.
Within the validity period of
its designation decision, the designated testing body shall also participate in
at least one proficiency testing or inter-laboratory comparison scheme applied
to its in-charge testing sector and products/goods specified in the designation
decision.
2. By
December 15 of each year or on ad hoc basis, submit reports on their provision
of conformity assessment services as designated using Form No. 11 in Appendix
enclosed herewith to relevant designating authorities.
3. Inform
their designating authorities of any changes that may influence their capacity
for providing designated testing, assessment, inspection or certification
services within 15 days from the occurrence of the change.
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The revocation of a
designation decision shall be considered if the designated conformity
assessment body:
1. commits repeated violations against the
provisions of Clause 6 Article 8 or Article 20 of the Law on quality of
products and goods or the provisions of this Decree;
2. fails
to discharge its respective responsibilities as prescribed in Article 18e of
this Decree within 02 consecutive years;
3. fails
to meet one of the eligibility requirements laid down in Article 18a of this
Decree;
4. forges
or falsifies any documents included in the application for designation; grant
false conformity assessment results;
5. Erases
or alters any contents of the designation decision; or
6. fails
to complete remedial measures against violations at the request of the
inspecting authority.
Article 19. Costs of
conformity assessment
1. Manufacturers
and traders shall pay costs of conformity assessment services as agreed upon
with relevant conformity assessment bodies.
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Section 7. CODES AND
BARCODES AND MANAGEMENT THEREOF [26]
Article
19a. Assignment of state management tasks of codes and barcodes
1. The
Ministry of Science and Technology of Vietnam that takes charge of assisting
the Government in exercising the consistent state management of codes, barcodes
and code/barcode system-based technologies shall have the rights and
responsibilities to:
a) formulate strategies,
programs, schemes, projects, standards, technical regulations and relevant
legislative documents on codes and barcodes;
b) instruct relevant
ministries, regulatory authorities, provincial People’s Committees and relevant
organizations and individuals to use codes and barcodes.
2. The
Directorate for Standards, Metrology, and Quality that is the standing agency
in charge of assisting the Ministry of Science and Technology of Vietnam in exercising
the state management of codes and barcodes shall have the rights and
responsibilities to:
a) give instructions for use
of codes and barcodes, disseminate and initiate the use of codes and barcodes
according to standards issued by the international organization for codes and
barcodes (hereinafter referred to as “GS1”);
b) issue and manage GS1 codes
and barcodes; manage and render services authorized by GS1; exploit the
national code and barcode database and resources;
c) act as a representative of
Vietnam at GS1 and carry out activities involved in international cooperation
in codes and barcodes;
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dd) does research on
development of applications, provide services and solutions on codes and
barcodes, and other relevant technologies;
e) take charge of inspection
and take actions against complaints and denunciations of codes and barcodes.
3. Ministries,
regulatory authorities and provincial People's Committees shall cooperate with
the Ministry of Science and Technology of Vietnam in initiating the use of
codes and barcodes in their management sectors/scope.
4. The
Ministry of Finance of Vietnam shall play the leading role and cooperate with
the Ministry of Science and Technology of Vietnam and relevant authorities in
formulating regulations and guidelines on collection, management and use of
code and barcode-related fees and charges.
Article
19b. Responsibilities of code and barcode users
1. Users
of codes and barcodes compliant with GS1 standards and prefixed with “893”
defined as the country code of Vietnam shall:
a) follow procedures for
registration of codes and barcodes with competent authorities;
b) create codes and barcodes
and attach them to objects in their possession as prescribed;
c) provide competent
authorities and other related parties involved in the supply chain with updated
information about organizations and objects using codes and barcodes;
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dd) not sell or transfer the
rights to use codes and barcodes to another organization;
e) give written letter of
authorization in case a joint venture or outsourced processing partner is
authorized to use codes and barcodes;
g) pay fees for issuance or
renewal of certificate of code and barcode use right as prescribed;
h) apply for issuance or
re-issuance of certificate of code and barcode use right;
i) send a written
notification and return the certificate of code and barcode use right to the
relevant competent authorities when they have no demand for codes and barcodes
or their business is shut down.
2. Organization
that operate in the territory of Vietnam but use foreign codes compliant with
GS1 standards shall:
a) ensure that their codes
are issued by foreign competent authorities or used with
authorization duly given by such code owners;
b) inform and obtain
certification of use of foreign codes from competent authorities in case such
foreign codes are used with authorization duly given by such code owners.
3. Organizations
using codes and barcodes which are not compliant with GS1 standards shall:
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b) when placing objects using
codes and barcodes on the market or outside their premises, ensure that codes
and barcodes currently in use are not the same as or pose a risk of confusion
with other GS1 standards-compliant codes and barcodes; give warnings or
instructions for distinguishing between them, or remove those codes and
barcodes before placing such objects on the market.
4. Distributors
and traders of products/goods shall:
a) examine and control the
quality and the legality of codes and barcodes on goods before placing them on
the market;
b) not distribute and trade
products/goods or objects using codes and barcodes in contravention of
regulations.
5. Organizations
or individuals developing and providing the code and barcode system-based services,
solutions and applications shall:
a) ensure
that the source of data on objects using codes and barcodes matches the source
of data on codes and barcodes under the management of competent authorities or
GS1;
b) not
disclose any false information about owners of codes and barcodes or objects
using codes and barcodes already compliant with applicable regulations;
c) pay fees for use of the
national code and barcode data source.
6. The
Ministry of Science and Technology of Vietnam shall provide detailed guidelines
on use of codes and barcodes as prescribed in this Article.
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1. Application
requirements:
a) In case
of issuance of certificate of code and barcode use right, the application
includes:
- The
application form made using Form No. 12 in Appendix enclosed herewith;
- The copy of the enterprise registration certificate,
investment registration certificate or establishment decision.
b) In case of re-issuance of
certificate of code and barcode use right, the application includes:
- The
application form made using Form No. 13 in Appendix enclosed herewith;
- The
copy of the enterprise registration certificate, investment registration
certificate or establishment decision in case of change of name and/or address;
- The
original of the certificate (unless the certificate has been lost).
2. Submission
methods:
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3. Application
processing steps:
a) Issuance of a new
certificate:
If the application is
inadequate as prescribed, within 05 working days from the receipt of the
application, the standing agency in charge of codes and barcodes shall request
the applicant to complete its application;
If the application is
adequate and valid, and the applicant has fully paid fees as prescribed, within
20 working days from the receipt of the application, the standing agency in
charge of codes and barcodes shall issue the certificate of code and barcode
use right using Form No. 14 in the Appendix enclosed herewith;
The validity period of the
certificate shall not exceed 03 years from its issue date.
b) In case of re-issuance of
the certificate:
The certificate of code and
barcode use right shall be issued to the organization or individual whose
certificate is unexpired but has been lost or damaged or whose name and/or
address are changed;
Within 15 working days from
the receipt of an adequate and valid application, the standing agency in charge
of codes and barcodes shall re-issue the certificate of code and barcode use
right to the applicant. If an application is refused, the standing agency in
charge of codes and barcodes shall give its written reasons for such refusal;
The validity period of the
certificate shall be the same as that of the former certificate.
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1. An application shall
include:
a) The application form made
using Form No. 15 or Form No. 16 in the Appendix enclosed herewith;
b) In case of application for
certification of use of foreign codes: copies of documentary evidences that the
foreign partner authorizes the applicant to use a code or barcode in the form
of an authorization letter or contract, and that the authorizing entity legally
owns that code or barcode, and list of products assigned
the authorized code, etc.;
c) In case of application for
certification of authorization to use codes or barcodes: the copy of the
authorization letter or contract enclosed with the list of products assigned
the authorized code.
2. Submission methods:
Organizations or individuals
wishing to apply for certification of use of foreign codes or authorization to
use codes or barcodes shall prepare applications as prescribed in Clause 1 of
this Article, and submit them either directly or by post to standing agencies
in charge of codes and barcodes. In case of direct submission, the originals of
documents shall be submitted for verification purpose. If the application is
submitted by post, authenticated copies or certified true copies bearing the
applicant’s signature and seal shall be submitted.
3. Procedures for issuance of
certificate of use of foreign codes or authorization to use codes and barcodes:
a) If the application is
inadequate as prescribed, within 05 working days from the receipt of the
application, the standing agency in charge of codes and barcodes shall request
the applicant to complete its application;
b) If the application is
adequate and valid, and the applicant has fully paid fees as prescribed, within
20 working days from the receipt of the application, the standing agency in
charge of codes and barcodes shall issue the certificate of use of foreign
codes or authorization to use codes and barcodes using Form No. 17 or Form No. 18
in the Appendix enclosed herewith.
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ORGANIZATION OF QUALITY INSPECTION OF PRODUCTS AND
GOODS
Article 20. Authorities in
charge of inspecting quality of products and goods
1. Central authorities in
charge of inspecting quality of products and goods include general
departments/departments exercising the state management of quality of products
and goods or other agencies affiliated to Ministries assigned to conduct
quality inspection of products and goods.
2. Provincial authorities in
charge of inspecting quality of products and goods include specialized agencies
affiliated to provincial People's Committees and taking charge of exercising
state management of quality of products and goods in provinces or cities and
shall conduct quality inspection of products and goods within their management
provinces according to regulations issued by supervisory ministries of relevant
sectors/industries.
3. Depending on specific
requirements, supervisory ministries of relevant sectors/industries and
provincial People's Committees shall stipulate functions, tasks, powers and
organizational structure, and reach agreement with the Ministry of Home Affairs
of Vietnam on payroll of quality controllers of the authorities in charge of
inspecting quality of products and goods specified in Clause 1 and Clause 2 of
this Article.
Article 21. Assignment of
tasks to conduct quality inspection of products and goods of inspecting
authorities affiliated to supervisory ministries of sectors/industries
1. Inspecting authorities affiliated
to supervisory ministries of sectors/industries shall carry out quality
inspection of products and goods in sectors assigned under Decrees defining the
functions, tasks, powers and organizational structure of their ministries,
including quality inspection in manufacturing, during import/export, placing on
the market and use of the following products and goods:
a) Products in manufacturing as prescribed in Clause 2 Article 32 of this Decree;
b)[27] Imported/exported goods, goods placed on the
market, goods currently in use as prescribed in Clause 2 Article 70 of the Law
on quality of products and goods, Clause 3 Article 32 of this Decree, goods
included in the lists prescribed in Article 15 of this Decree and the Law on
food safety.
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a) Products in manufacturing as
prescribed in Point p Clause 2 Article 32 of this Decree;
b) Imported/exported goods,
goods placed on the market, goods currently in use as prescribed in Clause 4
Article 69 of the Law on quality of products and goods.
3. Inspecting authorities
prescribed in Clause 1 and Clause 2 of this Article shall have the rights and
powers defined in Article 46 and discharge the tasks
defined in Article 47 of the Law on quality of products and goods, and perform
the following tasks:
a) Play the leading role and
cooperate with other relevant authorities in performing inspection activities
in assigned sectors;
b) Proactively cooperate with
market surveillance authorities in taking actions against violations detected
during quality inspection of goods placed on the market;
c) Provide professional
instructions to local inspecting authorities for directly carrying out
inspection tasks;
d) Prepare and submit
consolidated reports on quality of products and goods under their management to
their governing ministries and the Ministry of Science and Technology of
Vietnam.
The Ministry of Science and
Technology of Vietnam shall play the leading role and cooperate with
supervisory ministries of sectors/industries in promulgating regulations on
quality inspection of products and goods placed on the market, formulating and
submitting to the Prime Minister for promulgation of regulations on cooperation
between the inspecting authorities specified in Clause 1 and Clause 2 of this
Article and local inspecting authorities in inspecting quality of products and goods
under their management, and other inspecting agencies, customs authorities,
police authorities and market surveillance authorities.
Article 22. Quality
controllers
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2.[28] Professional titles, rank codes and
professional qualification requirements applied to public servants specializing
in control of quality of products and goods shall be issued by the Ministry of
Science and Technology of Vietnam after reaching an agreement on these matters
with the Ministry of Home Affairs of Vietnam.
3.[29] (abrogated)
4. Quality controllers shall be
provided with separate uniforms, badges and quality controller cards as
prescribed by the Ministry of Science and Technology of Vietnam.
Article 23. Funding for
quality inspection of products and goods
1. Funding for covering costs
of quality inspection of products and goods includes:
a) Funding annually allocated
from state budget to supervisory ministries of sectors/industries and
provincial People's Committees;
b) Other funding sources.
2. The Ministry of Finance of
Vietnam shall play the leading role and cooperate with the Ministry of Science
and Technology of Vietnam in issuing specific provisions on spending contents,
allocation, management and use of funding for covering costs of state
inspection of quality of products and goods.
Chapter IV
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Article 24. Award purposes
and conditions
1. The national quality award
is a form of national-level honor and commendation granted by the Prime
Minister to organizations and enterprises that have achieved excellent
performance in improving quality of products and goods according to assessment
criteria for national quality award, and have lawfully been operating in
Vietnam for at least 3 years.
2. The national quality award
shall be presented annually.
Article
25. Award forms [30]
1.
National quality awards shall include:
a)
National quality gold awards;
b)
National quality awards.
2. Every winning organization
or enterprise shall be awarded a Cup and Certificate of the Ministry of Science
and Technology of Vietnam.
3. The Ministry of Science and
Technology of Vietnam shall consider recommending the Prime Minister to confer
Certificates of Merit to a maximum number of 20 best enterprises winning the
national quality gold award for their achievement of excellent performance in
improving productivity and quality of products and goods.
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1. There is no discrimination
between types and scale of participants and no limit on the number of
participants.
2. Award consideration must be
carried out in a public, objective and fair manner according to scores given by
specialists to assessment criteria specified in Article 27 of this Decree.
Article
27. Award criteria [31]
1. The national
quality award shall be granted to winners according to the following assessment
criteria:
a)
Leadership roles;
b)
Operational strategies;
c)
Customer-oriented and market-oriented policies;
d)
Knowledge measurement, analysis and management;
dd) Human
resource management;
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g)
Business outcomes.
2. The total score of these criteria is 1.000 points.
3. The
national quality award shall be presented to organizations or enterprises given
600 points or more. The national quality gold award shall be presented to
organizations or enterprises given 800 points or more.
Article 27a. Award management and administration
agency [32]
1. The
Ministry of Science and Technology of Vietnam assisting the Government in
performing the consistent state management of quality awards shall perform the
following rights and responsibilities:
a) Hold the national quality
award;
b) Report to the Prime Minister
on organization and implementation of the annual national quality award’s
activities;
c) Ensure adequate funding
for organization and implementation of the annual national quality award’s
activities which is derived from state budget for science and technology tasks;
d) Carry out inspection and
take actions against complaints and denunciations of consideration and
presentation of the national quality award;
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e) Cooperate with relevant
ministries, regulatory authorities and provincial People's Committees in getting consensual opinions about the presentation of awards to
eligible organizations and enterprises, organizing the national quality award
and linking the national quality award with other national programs approved by
the Prime Minister to assist both participating and winning organizations and
enterprises;
g) Take charge of performing
international cooperation on quality award's activities; act as a
representative of Vietnam in regional and international quality award
organizations;
h) Play the leading role and
cooperate with Vietnam Television, Voice of Vietnam, Vietnam News Agency, the
Government Portal, Vietnam Chamber of Commerce and Industry, and central and
provincial mass media agencies in disseminating information about the national
quality award;
i) Perform other tasks and
powers related to the national quality award as prescribed by law.
2. The Directorate for Standards, Metrology, and Quality
shall be the standing agency in charge of the national quality award and
perform the following rights and responsibilities:
a)
Propose domestic and foreign cooperation programs, projects and events related
to the national quality award to the Ministry of Science and Technology of
Vietnam;
b) Play
the leading role and cooperate with relevant organizations in performing the
national quality award’s activities;
c)
Provide detailed requirements of each criterion and scoring method for each
criterion as prescribed in Article 27 of this Decree; formulate and guide the
implementation of documents and materials specially designed for the national
quality award;
d)
Propose the list of members of the national council to the Minister of Science
and Technology of Vietnam to seek its decision;
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e)
Establish local prequalification councils;
g)
Provide professional training courses in the national quality award to members
of prequalification councils, assessment specialists and participating
organizations and enterprises;
h) Disseminate information on
the national quality award;
i) Organize the annual award ceremony
attended by winning organizations and enterprises;
k) Perform international
cooperation activities on the quality award; act as a representative of Vietnam
in regional and international quality award organizations according to
regulations of competent authorities; nominate organizations and enterprises
winning the national quality gold award to compete in regional and
international quality awards;
m) Deal
with complaints and denunciations relating to the national quality award;
report and request the Minister of Science and Technology of Vietnam to take
actions against violations relating to the national quality award committed by
organizations and enterprises, and other relevant individuals.
3. Ministries
and regulatory authorities shall perform the following rights and
responsibilities:
a) Hold annual national
quality award's activities within their jurisdiction according to the plan of
the Ministry of Science and Technology of Vietnam;
b) Propose
ministerial or sectoral tasks, plans and programs on the national
quality award, and submit annual reports on national quality award's activities
to the Ministry of Science and Technology of Vietnam;
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d) Direct ministerial and
sectoral prequalification councils to consider assessing organizations and
enterprises participating in the national quality award, and provide the
national council with the list of eligible organizations and enterprises;
dd) Disseminate information
and instruct organizations and enterprises under their management to apply for
the national quality award with ministerial and sectoral prequalification
councils.
4. Provincial
People's Committees shall play the leading role in performing the national
quality award’s activities in their provinces, and perform the following rights
and responsibilities:
a) Hold annual national
quality award's activities in their provinces according to the plan of the Ministry
of Science and Technology of Vietnam;
b) Ensure adequate funding
for organization and implementation of the annual national quality award’s
activities which is derived from provincial-government budget for science and
technology tasks;
c) Propose provincial tasks,
plans and programs on the national quality award, and submit annual reports on
national quality award's activities to the Ministry of Science and Technology
of Vietnam;
d) Direct provincial
prequalification councils to consider assessing organizations and enterprises
participating in the national quality award, and provide the national council
with the list of eligible organizations and enterprises;
dd) Disseminate information
and instruct organizations and enterprises under their management to apply for
the national quality award with provincial prequalification councils.
Article 27b. Prequalification councils [33]
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a)
Provincial prequalification councils that are established according to decision
issued by the standing agency in charge of the national quality award at the
request of Directors of provincial Departments of Science and Technology.
b)
Ministerial or sectoral prequalification councils that are
established after obtaining the approval from the Ministry of Science and
Technology of Vietnam.
A
prequalification council shall be composed of 07 to 11 members, including the
council’s chairperson, a deputy chairperson and other members. Members of a
provincial prequalification council are representatives of provincial
departments, divisions or agencies and other provincial
organizations. Members of a ministerial or sectoral prequalification council
are representatives of specialized agencies or units affiliated to such
ministry or regulatory authority and other relevant organizations. Members of a
prequalification council must have expertise in quality control and a thorough
grasp of assessment criteria and requirements of the national quality award.
2. A prequalification council shall:
a) receive application forms
and supporting documents for the national quality award from organizations and
enterprises;
b) carry out consideration
and assessment of received applications and verification visits
to the premises of the participating organizations and enterprises;
c) make assessment reports
and submit the list of eligible organizations and enterprises to the national
council;
d) give written assessment
results and response to participating organizations and enterprises after
obtaining assessment results.
Article 27c. National council [34]
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2. The national council shall:
a) propose programs on the
national quality award to the Ministry of Science and Technology of Vietnam;
b) consider, assess and
examine applications submitted by prequalification councils;
c) conduct verification
visits to the premises of participating organizations and enterprises if
necessary;
d) submit the list of
eligible organizations and enterprises to the Ministry of Science and
Technology of Vietnam for its consideration and submission of request to the
Prime Minister to present the national quality award and the Prime Minister’s
Certificate of Merit.
Article
28. Application requirements and award consideration procedures [35]
1. Application for the award
Organizations
and enterprises shall apply for participation in the national quality award
with prequalification councils of provinces or cities where their business is
registered. An organization or enterprise operating in a sector under the
specialized management of a ministry or regulatory authority may apply for
participation in national quality award with the relevant ministerial or
sectoral prequalification council. An application shall include:
a) The
application form made using Form No. 19 in the Appendix enclosed herewith;
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c) The
report on self-assessment of 7 criteria of the national quality award;
d)
Certified true copies (bearing signature and seal of the participating
organization or enterprise) of the documents proving the application of
advanced quality control system, relevant certificates or documents;
dd)
Certified true copies (bearing signature and seal of the participating
organization or enterprise) of the documents proving the conformity of
products/goods with respective technical regulations or standards;
e)
Certified true copies (bearing signature and seal of the participating
organization or enterprise) of the environmental impact assessment reports or
environmental protection plans which have been approved and annual environmental
monitoring reports or periodical environmental supervision reports which have
been prepared within the last 03 years;
g)
Certified true copies (bearing signature and seal of the participating
organization or enterprise) of confirmations of fulfillment of tax liabilities
to the State and obligations relating to social insurance benefits of its
employees within the last 03 years;
h)
Certified true copies (bearing signature and seal of the participating
organization or enterprise) of any other documents proving business performance
of the participating organization or enterprise within the last 03 years.
2. Assessment processes at prequalification councils
Prequalification
councils shall assess participating organizations and enterprises following two
steps: Assessment of application and verification visit to the participating
organization or enterprise. Based on assessment results, prequalification
councils shall prepare and submit lists of eligible participating organizations
and enterprises and their applications to the national council through the
standing agency in charge of the national quality award.
Documents
submitted by a prequalification council include:
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b)
Assessment results given by the prequalification council to each participating
organization or enterprise;
c) The
prequalification council's written request accompanied with the list of
eligible participating organizations and enterprises.
3. Award consideration by the national council
a) The
national council shall consider and assess applications of participating
organizations and enterprises recommended by prequalification councils, and
relevant documents provided by prequalification councils. Where necessary, the
national council may establish an assessment team to conduct verification
visits to the participating organizations and enterprises to get more
information necessary for award consideration and presentation. Based on the
results of application assessment and verification visits, the national council
shall decide the list of organizations and enterprises eligible for the
national quality award.
b) Based on the
list provided by the national council, the standing agency in charge of the
national quality award shall get consensual opinions of
ministries, regulatory authorities and provincial People's Committees about
organizations and enterprises eligible for the national quality award. Relevant
ministries, regulatory authorities and provincial People's Committees shall
give their written response within 15 days from the receipt of the request for
opinions.
c) The
national council and the standing agency in charge of the national quality
award shall consider completing the required dossier and submit it to the
Ministry of Science and Technology of Vietnam for its consideration and
submission of request to the Prime Minister to present the national quality
award of the Prime Minister’s Certificate of Merit. The dossier submitted to
the Ministry of Science and Technology of Vietnam includes:
- The report on the national quality award’s activities
performed during the year, the reports on application assessment and verification
visits to participating organizations and enterprises (if any);
- The national council’s meeting minutes;
- Written consensual opinions about award
presentation of relevant ministries, regulatory authorities and provincial
People’s Committees;
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- Other relevant documents, if any.
4. Awarding recommendations
The Ministry
of Science and Technology of Vietnam shall submit a complete dossier to the
Prime Minister to request the presentation of the national quality award and
the Prime Minister’s Certificate of Merit to eligible organizations and
enterprises.
5. Announcement of awarding decision
The standing
agency in charge of the national quality award shall notify the award
consideration results to prequalification councils, winning organizations and
enterprises, and relevant agencies and organizations after the decision on
presentation of the national quality award and the Prime Minister’s Certificate
of Merit has been issued.
6. Award ceremony
The standing
agency in charge of the national quality award shall organize an award ceremony
to present the national quality awards and the Prime Minister’s Certificate of
Merit to winning organizations and enterprises.
Article
29. Awarding funding [36]
1. Funding
for the national quality award’s activities includes:
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b) Sponsorships and donations
given by domestic and foreign organizations, enterprises and individuals;
c) Revenues earned from the
national quality award’s activities.
2. Funding
for the national quality award’s activities shall be managed and used in
accordance with the Law on State Budget and relevant guidelines on financial
management.
Article
30. Rights and benefits of award-winning
organizations and enterprises [37]
1. Organizations and enterprises that have won the national
quality award are entitled to advertise and promote their business through the
mass media or other means of communications using the national quality award’s
logo on their products and publications.
2. Organizations and enterprises that have won the national
quality award shall be recommended by the Ministry of Science and Technology of
Vietnam to compete in the regional and international quality awards.
3. Organizations and enterprises that have won the national
quality award shall be given priority to get loans from the National Foundation
for Science and Technology Development, the National Technology Innovation
Fund, ministerial, sectoral and provincial foundations for science and
technology development, and other funds as prescribed by law; shall be given
priority to engage in national programs and projects on technology transfer,
technology development, productivity and quality improvement.
4. Award-winning organizations and enterprises shall be also
awarded by ministries, regulatory authorities and provincial People’s
Committees using their annual reward funds.
Article 30a. Actions against violations [38]
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2. Such
revocation of the presented award, invalidation of award consideration results must
be published on the mass media.
Chapter V
RESPONSIBILITIES TO PERFORM STATE MANAGEMENT
OF QUALITY OF PRODUCTS AND GOODS
Article
31. Responsibilities of Ministry of Science and Technology of Vietnam [39]
1. Assist the Government in exercising the consistent state
management of quality of products and goods, and conformity assessment services
nationwide; carry out quality control of products and goods as prescribed in
Article 69 of the Law on quality of products and goods; play the leading role
in conducting surveys of quality of products and goods; inspect and expedite
the implementation of regulations of law on technical regulations and
standards, quality of products and goods, and conformity assessment service.
2. Within the ambit of assigned tasks and powers of a
supervisory ministry of sector/industry, the Ministry of Science and Technology
of Vietnam shall:
a)
exercise the state management of quality in manufacturing of products and goods
under its management according to this Decree and regulations of law on
technical regulations and standards;
b) exercise the state
management of quality of imported and exported products and goods, products and
goods placed on the market, and those in use which may cause unsafety under its
management as prescribed in Clause 4 Article 69 of the Law on quality of
products and goods.
Article
32. Responsibilities of supervisory ministries of sectors/industries [40]
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2. Supervisory
ministries of sectors/industries shall exercise the state management of product
quality in manufacturing as follows:
a) The
Ministry of Health of Vietnam shall take charge of the following products:
- Food safety of functional foods, foods fortified with
micronutrients, supplemented foods, food processing aids, food additives,
drinking water, domestic water, natural mineral water and devices and materials
packaging or containing these products (except devices and materials packaging
or containing foods under the management of the Ministry of Agriculture and
Rural Development of Vietnam, and the Ministry of Industry and Trade of
Vietnam), vaccines, medical biologicals, cigarettes, environmental remediation
chemicals and preparations, insecticidal and germicidal chemicals and
preparations for household and medical use;
- Machinery, equipment, materials and substances subject to
strict occupational safety and health requirements under the Ministry’s
management as prescribed by the Law on occupational safety and health;
- Medicines, pharmaceutical starting materials and cosmetics;
- Health equipment and works.
b) The
Ministry of Agriculture and Rural Development of Vietnam shall take charge of
the following products:
- Agricultural
and forestry plant varieties; breeds of domestic animals and aquatic species;
- Fertilizers;
pesticides; veterinary drugs; animal feeds and aqua feeds;
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- Other
supplies used in cultivation, animal husbandry, aquaculture, forestry, and salt
production;
- Machinery
and equipment used in agriculture, forestry, animal husbandry, and aquaculture;
machinery, equipment, materials and substances subject to strict occupational
safety and health requirements under the Ministry’s management as prescribed by
the Law on occupational safety and health;
- Food safety of cereals; meat and meat products; aquatic and
fishery products; vegetables, tubers, fruits and their products; eggs and egg
products; raw fresh milk; honey and honey products; genetically modified food;
salt; food seasoning; sugar; tea; coffee; cocoa; pepper; cashew nuts and
agricultural food;
- Services and processes of manufacturing of fertilizers,
pesticides, veterinary drugs, animal and aqua feeds; processes of cultivation,
animal husbandry, aquaculture, forestry, and salt production; harvesting,
slaughter, preparation and processing of animal, plant and aquatic source
foods;
- Hydraulic structures and flood control systems;
- Manufacturing services and processes in the field of
agriculture and rural development.
c) The
Ministry of Transport of Vietnam shall take charge of the following products:
- Means of transport, specialized lifting and construction
appliances and equipment in transport sector (except those serving national defense
and security purposes, or fishing vessels); specialized technical equipment in
transport sector; vehicles and equipment serving exploration and exploitation
at sea;
- Machinery, equipment, materials and
substances subject to strict occupational safety and health requirements under
the Ministry’s management as prescribed by the Law on occupational safety and
health;
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- Services rendered in the transport sector.
d) The
Ministry of Construction of Vietnam shall take charge of the following
products:
- Civil,
housing and office building construction works;
- Building
materials;
- Architecture
and construction planning, including: regional construction planning, urban
construction planning, planning for development of rural residential areas,
planning for construction of industrial parks, economic zones, hi-tech zones,
and important border checkpoints;
- Technical infrastructure facilities of urban areas,
industrial parks, economic zones and hi-tech zones;
- Machinery, equipment, materials and substances subject to
strict occupational safety and health requirements under the Ministry’s
management as prescribed by the Law on occupational safety and health;
- Services rendered in construction sector.
dd) The
Ministry of Industry and Trade of Vietnam shall take charge of the following
products:
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- Mechanical, metallurgy, power and energy products;
products of consumer products industry, food industry and other processing
industries as prescribed by law; electrical and electronic equipment used in
industrial sector;
- Machinery, equipment, materials and substances subject to
strict occupational safety and health requirements under the Ministry’s
management as prescribed by the Law on occupational safety and health;
- Food safety during processes of production, processing,
preservation, transport, import, export and trading of alcohol, beer, soft
drinks, processed milk, vegetable oil, processed flour and starch products,
pastrycooks’ products, jams, confectionery and packages or containers of these
products;
- E-commerce.
e) The
Ministry of Labour, War Invalids and Social Affairs of Vietnam shall take
charge of the following products:
- Machinery, equipment, materials and substances subject to
strict occupational safety and health requirements under the Ministry’s
management as prescribed by the Law on occupational safety and health;
- Specific occupational safety products as prescribed by
law;
- Public entertainment works;
- Services rendered in the field of labour, war invalids
and social affairs.
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- Press, publishing, printing, releasing, postal and
express delivery products;
- Advertising
products published on the press, electronic environment, publications and
advertising products integrated on postal, telecommunications, and information
technology products and services;
- Postal,
telecommunication, information technology, electronics, radio and television
broadcasting, information security networks, structures, equipment and
products;
- Radio
frequency, radio stations, radio equipment, and equipment using radio waves;
- Services
rendered in the fields of postal services and telecommunications.
h) The Ministry of Natural
Resources and Environment shall take charge of the following products:
- Natural resources and minerals;
- Hydrometeorology;
- Survey and mapping;
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- Services rendered in the field of natural resources and
environment.
i) The
Ministry of Education and Training shall take charge of the following products:
- Textbooks, syllabi, reference books and instructional
materials;
- Teaching devices and material facilities, educational and
training toys for kids under the Ministry’s management as prescribed by law;
- Services rendered in the field of education and training.
k) The
Ministry of Finance of Vietnam shall take charge of the following products:
Products relating to national reserves, lottery business, and securities;
insurance, accounting, auditing, financial consulting, taxation, valuation and
customs services.
l) The
Ministry of Culture, Sports and Tourism of Vietnam shall take charge of the
following products: Sports facilities; exercise and competition equipment of
sports centers and of specific sports subjects; outdoor advertising under its
management according to regulations in force.
m) The
State Bank of Vietnam shall take charge of the following products: Money and
banking activities, equipment specialized in banking sector.
n) The
Ministry of National Defence shall take charge of the following products:
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- Safety and security equipment specialized in the national
defense and security sector under the Ministry’s state management as prescribed
by law.
o) The
Ministry of Public Security of Vietnam shall take charge of the following
products:
- Fire fighting and prevention equipment, search and rescue
equipment, technical equipment, arms and ammunition, military equipment,
explosives and combat gears other than those specified in Point n of this
Clause, and other products which are used by people’s police forces and are not
classified as national secrets;
-
Services rendered in security sector.
p) The
Ministry of Science and Technology shall take charge of the following products:
- Nuclear reactors, nuclear materials, source materials,
radioactive substances, and radiation equipment; measuring instruments, devices
and equipment; petrol, diesel fuel, biofuel; lubricating oils for engines; gases
(Liquefied Petroleum Gas – LPG, Liquefied Natural Gas – LNG, Compressed
Natural Gas – CNG); electrical equipment, electronic equipment; kid
toys; protective helmets for motorcycle and moped users; steel, gold, jewelry
and fine art objects.
- The Ministry of Science and Technology of Vietnam shall play
the leading role in assigning responsibilities to manage new types of products
and goods or products and goods other than those specified in Points a, b, c,
d, dd, e, g, h, i, k, l, m, n and o of this Clause, and other products and
goods in the national defense and security sector or classified as national
secrets to supervisory ministries of relevant sectors/industries. With regard
to products and goods beyond its authority, the Ministry of Science and
Technology of Vietnam shall play the leading role in reporting and requesting
the Government to consider assigning responsibilities to manage such products
and goods to supervisory ministries of relevant sectors/industries.
3. Supervisory ministries of relevant sectors/industries
shall exercise the state management of quality of imported and exported goods,
goods placed on the market, and those in use which may cause unsafety under
their management in accordance with the following provisions:
a) Clause
4 Article 69 of the Law on quality of products and goods;
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c)
Article 15 of this Decree prescribing lists and procedures for management of
goods subject to initial inspection or testing and those subject to periodical
inspection during use;
d) The
Ministry of Information and Communications of Vietnam shall take charge of the
following goods:
- Press, publishing, printing, releasing, postal and
express delivery products;
- Advertising
products published on the press, electronic environment, publications and
advertising products integrated on postal, telecommunications, and information
technology products and services;
- Postal,
telecommunication, information technology, electronics, radio and television
broadcasting, information security networks, structures, equipment and
products;
- Radio
frequency, radio stations, radio equipment, and equipment using radio waves;
- Services
rendered in the fields of postal services and telecommunications.
dd) The
Ministry of Natural Resources and Environment shall take charge of the
following goods:
- Natural resources and minerals;
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- Survey and mapping;
- Environment, climate change and remote sensing;
- Services rendered in the field of natural resources and
environment.
e) The
Ministry of Labour, War Invalids and Social Affairs shall take charge of the
following goods:
- Machinery, equipment, materials and substances subject to
strict occupational safety and health requirements under the Ministry’s
management as prescribed by law; technical equipment and tools used in
vocational training institutions; personal protection equipment;
- Specific occupational safety products as prescribed by
law.
g) The
Ministry of Culture, Sports and Tourism of Vietnam shall take charge of the
following goods: Sports facilities; exercise and competition equipment of
sports centers and of specific sports subjects; outdoor advertising under its
management according to regulations in force.
4. Supervisory ministries of relevant sectors/industries
shall notify their agencies in charge of assisting Ministers in exercising
state management of quality of products and goods as prescribed in Clause 2 and
Clause 3 of this Article to the Ministry of Science and Technology of Vietnam
for publishing on its website.
On an
annual or ad hoc basis at the request of the Ministry of Science and Technology
of Vietnam, supervisory ministries of relevant sectors/industries shall prepare
and submit consolidated reports on performance and results of quality
inspection of products and goods under their management to the Ministry of
Science and Technology of Vietnam for its preparation and submission of
consolidated reports to the Prime Minister.
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Article 33. Responsibilities
of People’s Committees of all levels
1. Within
the ambit of their assigned tasks and powers, Provincial People’s Committees
shall:
a) promulgate measures for
encouraging and facilitating local enterprises’ improvement of quality and
competitiveness of their products and goods; direct
provincial competent authorities to formulate and implement programs for
improvement of productivity, quality and competitiveness of local products and
goods;
b) organize implementation of
regulations of the Government, relevant Ministries and regulatory authorities
on quality control of products and goods under their decentralized management;
c) organize and direct
activities of local inspecting authorities;
d) monitor, make statistics and
consolidate quality situations of local products and goods; On
a quarterly, biannual, annual and ad hoc basis, prepare and submit consolidated
reports on performance and results of quality inspection of local products and
goods to the Ministry of Science and Technology of Vietnam for its
consolidation and submission of reports to the Prime Minister.
dd) disseminate and provide
guidelines for implementation of relevant laws, and provide information on
quality of products and goods for manufacturers, traders and consumers;
e) carry out inspection of
compliance with regulations of law on quality of products and goods; settle complaints,
denunciations, and take actions against violations regarding quality of
products and goods as prescribed by law;
g) designate local conformity
assessment bodies as prescribed by law.
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a) play
the leading role and cooperate with relevant provincial departments, divisions
and agencies in formulating and implementing annual provincial plans for
quality inspection of products and goods of traders of products and goods under
the management of different supervisory ministries;
b)
inspect and expedite provincial departments, divisions and agencies to exercise
state management of quality of products and goods as assigned, and carry out
annual consolidation and assessment of results of state management of quality
of products and goods in their provinces;
c)
inspect and expedite the implementation of regulations of law on technical
regulations and standards for quality of products and goods in their provinces;
d) play
the leading role in conducting product satisfaction surveys in their provinces;
give warnings to local consumers and concerned authorities;
dd)
Prepare and submit consolidated reports on local quality control activities and
quality-related issues to provincial People's Committees and the Ministry of
Science and Technology of Vietnam.
Provincial Departments for
Standards, Metrology, and Quality affiliated to Provincial Departments of
Science and Technology shall directly assist Provincial Departments of Science
and Technology in performing the tasks of quality control of local products and
goods; conducting product satisfaction surveys in their provinces and giving
warnings about quality of products and goods to provincial specialized
agencies; conducting specialized inspections of quality of local products and
goods.
3. Within
the ambit of their assigned tasks and powers, district-level People’s
Committees shall:
a) disseminate and provide
guidelines for implementation of regulations of law on quality of products and
goods as prescribed by law;
b) participate in quality
inspection of goods placed on the market; take actions against violations
against regulations on quality of goods within their competence;
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d) settle complaints and
denunciations of quality of goods placed on the market in accordance with
regulations of law.
4. Within
the ambit of their assigned tasks and powers, commune-level People’s Committees
shall:
a) disseminate regulations of
law on quality of products and goods;
b) provide technical
guidelines, conduct inspection of compliance with regulations of competent
authorities, and take actions against violations regarding quality of products
and goods of local small-scale manufacturers and traders within their
competence;
c) cooperate with competent
authorities in conducting quality inspection of products and goods in their
communes as prescribed by law.
Article 34. Responsibilities
of local authorities in charge of inspecting quality of products and goods
1. Develop
plans for quality inspection of products and goods in assigned sectors and
areas.
2. Proactively
organize and conduct inspection as well as deal with issues concerning quality
of products and goods according to regulations adopted by supervisory
ministries of relevant sectors/industries and provincial People's Committees.
3. Prepare
and submit quarterly, biannual, annual and ad hoc reports on quality inspection
results to supervisory ministries of relevant sectors/industries, provincial
People's Committees and provincial Departments of Science and Technology.
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IMPLEMENTATION [42]
Article 35. Transition
1. The
quality inspection of products and goods subject to Vietnam's standards,
specialized standards or technical regulations, procedures, processes or
documents (hereinafter referred to as “technical documents”) which are yet to
be converted into national technical regulations shall be still conducted
according to these technical documents until they are completely converted into
respective national technical regulations as prescribed in the Government’s
Decree No. 127/2007/ND-CP dated August 01, 2007.
2. Officials
working at authorities in charge of exercising state management of quality
affiliated to supervisory ministries of relevant sectors/industries or
provincial People's Committees shall continue conducting quality inspection of
products and goods until they are appointed to and arranged in the quality
controller rank as prescribed in Clause 2 and Clause 3 Article 22 of this
Decree.
Article 36. Effect
This Decree comes into force 15
days after it is published on the Official Gazette. The Government’s Decree No.
179/2004/ND-CP dated October 21, 2004 and other current regulations which are
contrary to this Decree will be abrogated.
Article 37. Guidelines for implementation
The Minister of Science and Technology of Vietnam
shall assume responsibility to provide guidelines for
implementation of this Decree.
Article 38. Responsibility for implementation
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Tran Van Tung
[1] The Government’s Decree No. 74/2018/ND-CP providing amendments
to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2.008 providing guidelines for implementation of the Law on
quality of goods and products is promulgated pursuant to:
“The Law on
Organization of Government dated June 19, 2015;
The Law on
Quality of Products and Goods dated November 21, 2007;
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[2] This Point is added according to Clause 2 Article 1 of the
Government’s Decree No. 74/2018/ND-CP which comes into force from July 01,
2018.
[3] This Clause is amended according to Clause 2 Article 1 of the
Government’s Decree No. 74/2018/ND-CP which comes into force from July 01,
2018.
[4] This Point is added according to Clause 3 Article 1 of the
Government’s Decree No. 74/2018/ND-CP which comes into force from July 01,
2018.
[5] This Clause is amended according to Clause 3 Article 1 of the
Government’s Decree No. 74/2018/ND-CP which comes into force from July 01,
2018.
[6] This Clause is added according to Clause 3 Article 1 of the Government’s
Decree No. 74/2018/ND-CP which comes into force from July 01, 2018.
[7] This Clause is added according to Clause 3 Article 1 of the
Government’s Decree No. 74/2018/ND-CP which comes into force from July 01, 2018.
[8] This Clause is added according to Clause 3 Article 1 of the
Government’s Decree No. 74/2018/ND-CP which comes into force from July 01,
2018.
[9] This Clause is added according to Clause 3 Article 1 of the
Government’s Decree No. 74/2018/ND-CP which comes into force from July 01,
2018.
[10] This Clause is added according to Clause 3
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
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...
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[12] This Clause is added according to Clause 3
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[13] This Clause is amended according to Clause 4
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[14] This Clause is amended according to Clause 5
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[15] This Article is added according to Clause 6
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[16] This Article is added according to Clause 6
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[17] This Article is amended according to Clause
7 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[18] This Article is amended according to Clause
8 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[19] This Article is added according to Clause 8
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[20] This Article is added according to Clause 8
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
...
...
...
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[22] This Article is added according to Clause 8
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[23] This Article is added according to Clause 8
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[24] This Article is added according to Clause 8
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[25] This Article is added according to Clause 8
Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into force
from July 01, 2018.
[26] This Section includes Articles 19a, 19b,
19c, 19d added according to Clause 9 Article 1 of the Government’s Decree No.
74/2018/ND-CP which comes into force from July 01, 2018.
[27] This Point is amended according to Clause
10 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[28] This Clause is amended according to Clause
11 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[29] This Clause is abrogated according to Clause
11 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[30] This Article is amended according to Clause
12 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
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...
...
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[32] This Article is added according to Clause
12 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[33] This Article is added according to Clause
12 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[34] This Article is added according to Clause
12 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[35] This Article is amended according to Clause
12 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[36] This Article is amended according to Clause
12 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[37] This Article is amended according to Clause
12 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[38] This Article is added according to Clause
12 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[39] This Article is amended according to Clause
13 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
[40] This Article is amended according to Clause
14 Article 1 of the Government’s Decree No. 74/2018/ND-CP which comes into
force from July 01, 2018.
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...
...
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[42] Articles 2 and 3 of the Government’s Decree
No. 74/2018/ND-CP which comes into force from July 01, 2018 stipulate as
follows:
“Article 2. Implementation
1. This Decree comes into force from July 01, 2018.
2. Other provisions on designation of conformity assessment bodies,
the national quality award, codes and barcodes laid down in legislative
documents on the same level as or lower level than this Decree shall cease to
have effect from the effective date of this Decree.
3. Transition
Unexpired decisions on designation of conformity assessment bodies
issued by supervisory ministries of relevant sectors/industries shall remain valid
until their expiry dates.
Article 3. Implementation
Ministers, heads of ministerial
agencies, heads of Governmental agencies, and Chairpersons of provincial
People’s Committees are responsible for the implementation of this Decree./.”