THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
18/1999/PL-UBTVQH10
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Hanoi,
December 24, 1999
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ORDINANCE
ON GOODS QUALITY
(No. 18/1999/PL-UBTVQH10)
To raise the goods quality and production and
business efficiency; to protect the legitimate rights and interests of
production and business organizations and individuals as well as consumers; to
rationally use natural resources and labor; to protect the environment; to
promote scientific and techno-logical progresses; to enhance the State
management effectiveness; and to create favorable conditions for international
technical, economic and trade cooperation;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly, 4th session, on the
legislative program for its whole tenure as well as the 1999 legislative
program;
This Ordinance provides for goods quality,
Chapter I
GENERAL PROVISIONS
Article 1.- This
Ordinance stipulates the promulgation and application of goods quality
standards, the quality certification, the recognition of quality control
systems, and the examination and inspection of goods quality in the course of
production and business.
Article 2.- The State
shall exercise the unified management over goods quality according to the
provisions of this Ordinance and other provisions of law.
In cases where international agreements which
the Socialist Republic of Vietnam has signed or acceded to contain provisions
different from the provisions of this Ordinance, the provisions of such
international agreements shall apply.
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Article 4.- The State
encourages and creates conditions for production and/or business organizations
and individuals of all economic sectors to ensure their goods quality by
applying the quality standards and quality control measures according to the
Vietnamese standards or foreign and international standards permitted to be
applied in Vietnam.
Article 5.- State
agencies, economic organizations, political organizations, socio-political
organizations, social organizations, socio-professional organizations, people�s
armed forces units and all individuals shall have to implement this Ordinance
and other provisions of the legislation on goods quality.
The Vietnam Fatherland Front’s
Central Committee and member organizations shall, within the ambit of their
tasks and powers, have to propagate, educate and encourage people to abide by
and supervise the implementation of the legislation on goods quality.
Article 6.- Organizations
and individuals shall have the right to complain about, and individuals shall
have the right to denounce, acts of violation of the legislation on goods
quality. Organizations and individuals shall have the right to propose to the
competent State agencies measures to raise goods quality. The competent
agencies and organizations shall have to promptly settle complaints,
denunciations and proposals according to law provisions.
Article 7.- The State of
the Socialist Republic of Vietnam encourages the expansion of international
cooperation on goods’
quality with foreign countries, international organizations, foreign
organizations and individuals.
Article 8.- To strictly
prohibit the following acts:
1. Producing, trading in goods that fail to
ensure the quality prescribed by law;
2. Giving false information, making untruthful advertisements
or committing other fraudulent acts concerning the goods quality.
Chapter II
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Article 9.- The quality
standards include the provisions on norms, technical requirements, testing
methods, package, labeling, transportation and preservation of goods; on the
quality control systems and other matters related to goods quality.
The quality standards shall be reflected in form
of technical documents.
Article 10.- The
Government shall stipulate the promulgation of the Vietnamese standards on
goods quality (hereafter referred to as Vietnamese standards) as well as the
use of foreign and international standards in Vietnam.
The ministers, the heads of the
ministerial-level agencies and the heads of the agencies attached to the
Government shall promulgate the branch standards on goods quality (hereafter
referred to as branch standards) for application within their respective
branches or domains assigned to them for management according to the Government’s
stipulations.
Production and business organizations and
individuals shall promulgate the basic standards on goods quality (hereafter
referred to as basic standards) for application within their own establishments
and shall take responsibility for the goods’ quality standards they have promulgated.
Article 11.-
1. The State encourages
production and/or business organizations and individuals to elaborate and apply
the basic standards; participate in the elaboration and application of the
Vietnamese standards and branch standards; and announce their goods which meet
the corresponding Vietnamese and branch standards.
2. The State creates conditions for
organizations and individuals to voluntarily apply foreign and international
standards on the basis of compliance with the provisions of Vietnamese law and
international agreements which Vietnam has signed or acceded to so as to
promote international technical, economic and trade cooperation.
Article 12.-
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The Government shall stipulate the promulgation
of a list of goods subject to the Vietnamese standards.
2. Production and business organizations and
individuals stipulated in Clause 1 of this Article shall have to announce and
ensure that their goods are compatible with the corresponding Vietnamese
standards.
Article 13.-
1. In addition to the
list of goods subject to the Vietnamese standards stipulated in Clause 1,
Article 12 of this Ordinance, basing themselves on the goods quality control
requirements in each period, the ministers, the heads of the ministerial-level
agencies and the heads of the agencies attached to the Government shall define
goods within their branches and domains assigned for management, which shall be
subject to the branch standards or other standards.
2. Production and business organizations and
individuals stipulated in Clause 1 of this Article shall have to announce and
ensure that their goods meet the corresponding standards.
Article 14.- The
Minister of Science, Technology and Environment shall stipulate conditions and
procedures for the announcement of goods meeting the goods quality standards.
Chapter III
QUALITY CERTIFICATION
AND RECOGNITION OF QUALITY CONTROL SYSTEMS
Article 15.-
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2. The recognition of quality control systems
includes the recognition of quality control systems of the goods quality test
offices, goods quality expertizing organizations, goods quality certifying
organizations, and organizations certifying quality control systems’
compatibility with the Vietnamese standards, branch standards, or foreign or
international standards applicable in Vietnam.
Article 16.- The
certification of goods quality and quality control systems; and the recognition
of quality control systems of organizations stipulated in Article 15 of this
Ordinance shall be conducted by organizations engaged in the technical service
activities.
The conditions for operation of organizations in
charge of the quality certification and quality control system recognition
shall be stipulated by the Government.
Article 17.- The State
encourages production and business organizations and individuals to voluntarily
apply the quality control systems and voluntarily ask for certification of
their goods quality as well as their quality control systems; encourages the
goods quality testing offices, goods quality expertizing organizations, goods
quality-certifying organizations and goods quality control system-certifying
organizations to voluntarily ask for recognition of their respective quality
control systems.
Article 18.-
1. On the basis of the
list of goods subject to the standards stipulated in Clause 1, Article 12 of
this Ordinance, the Government shall prescribe the promulgation of the list of
goods which must be certified as having quality compatible with the Vietnamese
standards.
2. Basing themselves on the list of goods
subject to the standards stipulated in Clause 1, Article 13 of this Ordinance,
the ministers, the heads of the ministerial-level agencies and the heads of the
agencies attached to the Government shall issue lists of goods subject to the
quality certification according to branch standards or other standards.
Article 19.- The State
encourages and creates conditions for mutual acknowledgement in the goods
quality certification activities and recognition of quality control systems
between Vietnam and foreign countries.
Chapter IV
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Article 20.- Production
and business organizations and individuals shall have to promulgate the goods
quality standards according to law provisions; ensure that their goods reach
the already promulgated quality standards; examine the goods quality and take
responsibility for the quality of goods they produce or trade in.
Article 21.- Production
and business organizations and individuals shall have to ensure the
truthfulness and accuracy of information and advertisement on their goods
quality; and ensure that the goods’ labels clearly inscribe the standards,
properties, usage, use duration and other contents prescribed by law;
promulgate the warranty conditions, duration and places and provide customers
with instructions on the use of goods.
Article 22.- Production
and business organizations and individuals shall have to promptly settle all
customers’
complaints about their goods quality; collect, study and accept the customers
opinions on their goods quality; and reimburse and pay compensation for any
damage caused to customers as prescribed by law.
Chapter V
STATE MANAGEMENT OVER
GOODS QUALITY
Article 23.- The
contents of State management over goods quality include:
1. Elaborating and organizing the implementation
of policies, plannings and plans on goods quality;
2. Issuing and organizing the implementation of
legal documents on goods quality.
3. Organizing and managing operations of the
goods quality State management agencies of all levels;
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5. Managing the goods quality certification
activities and certification of quality control systems; the recognition of
quality control systems of the goods quality testing offices, goods quality
expertizing organizations, goods quality-certifying organizations and goods
quality control systems-certifying organizations;
6. Organizing the scientific research and the
application of technical advances in the field of goods quality;
7. Organizing and managing the professional and
technical training and fostering on goods quality;
8. Organizing the information, propagation and
popularization of knowledge and laws on goods quality;
9. Organizing and effecting international
cooperation on goods quality.
10. Inspecting, examining the observance of the
legislation on goods quality; settling complaints and denunciations and
handling violations of the legislation on goods quality.
Article 24.-
1. The Government shall
exercise the unified State management over goods quality throughout the
country.
2. The Ministry of Science, Technology and
Environment shall take responsibility before the Government for the unified
State management over goods quality.
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3. The Ministry of Science, Technology and
Environment shall coordinate with the Ministry of Trade, the ministries,
ministerial-level agencies and agencies attached to the Government in
exercising the State management over goods quality according to the assignment
of responsibilities by Government.
4. The People’s Committees of all levels shall, within
the ambit of their tasks and powers, exercise the State management over goods
quality in their respective localities according to the assignment of
responsibilities by the Government.
Article 25.- The
Government shall stipulate goods quality charges and fees.
Chapter VI
EXAMINATION AND
INSPECTION OF GOODS QUALITY
Article 26.-
1. On the basis of the
quality control requirements in each period, the Government shall issue a list
of goods which must be examined in terms of their quality and organize the
goods quality examination; and issue the regulations on goods quality
examination.
2. Goods which have been certified as meeting
the set standards; goods of production and business organizations and
individuals, which have been certified as having quality control systems
compatible with the Vietnamese standards or foreign or international standards
shall be exempt from the quality examination, except for cases where signs of
violations of the quality control legislation are detected.
Article 27.-
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2. The organization and operations of the goods
quality specialized inspectorate shall be stipulated by the Government.
Article 28.- The goods
quality specialized inspectorate is tasked to inspect the observance of the
legislation on goods quality, impose sanctions, apply or propose according to
its competence measures for prevention or termination of violations of the
legislation on goods quality.
The inspection shall be conducted by inspection
teams or inspectors.
Article 29.-
1. In the course of
inspection, an inspection team or inspector shall have the competence:
a/ To request the relevant organizations or
individuals to supply documents and answers on the matters necessary for the
inspection;
b/ To take goods samples for testing according
to law;
c/ To make record on the inspection and propose
handling measures;
d/ To apply measures for the prevention and
handling of violations according to law provisions; where signs of a crime are detected,
to transfer the dossier to the competent State agency.
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a/ To produce the inspection decision and
inspector’s
card;
b/ To strictly comply with the inspection order
and procedures, not to trouble, harass or obstruct production/business
activities; not causing harms to the legitimate rights and interests of
production and business organizations and/or individuals as well as consumers;
c/ To abide by law and take responsibility for
all their acts, conclusions and handling measures; and pay compensation for
damage incurred as prescribed by law.
Article 30.- The
inspected organizations and/or individuals shall have to create conditions for
the inspection teams or inspectors to perform their tasks and have to execute
decisions of the inspection teams or inspectors.
Article 31.- The
inspected organizations and/or individuals shall have the right to complain
about or initiate a lawsuit against decisions or handling measures of the
inspection teams or inspectors according to law provisions. Pending the
consideration and settlement by the competent agencies and organizations, the
inspected organizations and/or individuals shall still have to execute the
decisions or handling measures of the inspection teams or inspectors, except
otherwise provided for by law.
Chapter VII
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 32.- Organizations
and/or individuals that record achievements in the goods quality-related
activities or that detect violations of the legislation on goods quality shall
be commended according to law provisions.
Article 33.- Any
persons who produce and trade in goods which fail to meet the goods quality
standards produce and trade in goods on the list of goods, which are subject to
the Vietnamese standards but fail to conform thereto; violate the regulations
on quality certification, recognition of quality control systems or commit
other violations of the legislation on goods quality shall, depending on the nature
and seriousness of their violations, be administratively sanctioned or examined
for penal liability as prescribed by law.
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Article 35.- Any
persons who commit violations of the legislation on goods quality, thus causing
damage to organizations and/or individuals shall not only be dealt with
according to Articles 34 and 35 of this Ordinance but also have to pay
compensation for damage according to law provisions.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 36.- This
Ordinance takes effect as from July 1st, 2000.
Article 37.- This
Ordinance replaces the Ordinance on Goods Quality of December 27, 1990.
The earlier provisions contrary to this
Ordinance are all now annulled.
Article 38.- The
Government shall detail the implementation of this Ordinance.
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