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THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
86/2001/QD-BNN
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Hanoi, August 23, 2001
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DECISION
PROMULGATING THE PROVISIONAL
REGULATION ON THE ANNOUNCEMENT OF QUALITY STANDARDS FOR SPECIALIZED GOODS OF
THE AGRICULTURE SERVICE
THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to the Government’s Decree No.73-CP
of November 1, 1995 on the functions, tasks, powers and organizational
structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No.86-CP of December 8, 1995 on the
assignment of responsibilities for State management over goods quality;
Pursuant to Decision No.2425/2000/QD-BKHCNMT of December 12, 2000 of the
Minister of Science, Technology and Environment promulgating the Provisional
Regulation on the announcement of goods quality standards;
At the proposals of the director of the Department for Science, Technology and
Product Quality; the director of the Department for Agriculture and Forestry
Promotion; the director of the Forestry Development Department; the director of
the Plant Protection Department and the director of the Veterinary Department,
DECIDES:
Article 1.- To promulgate
together with this Decision the Provisional Regulation on the announcement of
quality standards of specialized goods managed by the Ministry of Agriculture
and Rural Development.
Article 2.- Based on the
Provisional Regulation promulgated together with this Decision, the following
units shall have to give professional guidance and monitor the announcement of
the quality standards and quality control of goods of various kinds assigned to
them:
- The Plan Protection Department: Plant protection
drugs and raw materials for the production thereof;
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- The Forestry Development Department: Forest tree varieties;
- The Veterinary Department: Vetenirary drugs
and raw materials for the production thereof;
- The provincial/municipal Services of
Agriculture and Rural Development: The above-said fields within the management
scope of their provinces.
Article 3.- This Decision
takes effect 15 days after its signing.
Article 4.- The director of
the Office, the director of the Department for Science, Technology and Product
Quality; the director of the Department for Agriculture and Forestry Promotion;
the director of the Plant Protection Department; the director of the Forestry
Development Department; the director of the Veterinary Department and the heads
of the concerned units shall, within the ambit of their respective tasks, have
to organize, guide and inspect the implementation of this Decision.
FOR THE MINISTER OF AGRICULTURE
AND RURAL DEVELOPMENT
VICE MINISTER
Pham Hong Giang
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ON THE
ANNOUNCEMENT OF QUALITY STANDARDS FOR SPECIALIZED GOODS MANAGED BY THE MINISTRY
OF AGRICULTURE AND RURAL DEVELOPMENT
(Promulgated together with Decision No. 86/2001/QD-BNN of August 23, 2001 of
the Minister of Agriculture and Rural Development)
1. Objects and scope of application
1.1. This Regulation guides organizations and
individuals (hereinafter collectively referred to as enterprises) that produce
and/or trade in products and goods managed by the Ministry of Agriculture and
Rural Development in Vietnam as prescribed in the Government’s Decree No.86/CP
of December 8, 1995, including: cultivation plant (including forest trees) and
domestic animal breeds, plant protection drugs and raw materials for the
production thereof, veterinary drugs and raw materials for the production
thereof, livestock feeds and raw materials for the production thereof,
fertilizers and bio-products in service of cultivation and husbandry, in
announcing the quality standards for goods (for goods items on the list of
goods subject to the compulsory announcement of quality standards) and be
responsible for ensuring that quality of products and goods they produce or
trade in is up to the already announced quality standards.
1.2. The above-said goods, in cases where they
are manually produced or processed, and raw materials, materials and
semi-finished products involved in the goods production process but internally
used by enterprises, shall not be subject to the compulsory announcement of
quality standards but the announcement of such goods quality standards is
encouraged.
1.3. The above-said products and goods under the
management by the Ministry of Agriculture and Rural Development, which are
imported for use in Vietnam, shall also be subject to the quality standard
announcement prescribed in this Decision.
1.4. The above-said products and goods under the
management by the Ministry of Agriculture and Rural Development, which are not
for business purposes but only used as sample goods, for exhibiting and
researching purposes, shall not be subject to the compulsory announcement of
quality standards prescribed in this Decision.
2. Goods quality standards to be announced
Goods quality standards to be announced include:
- The base standards formulated by enterprises
themselves;
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- The branch standards (TCN);
- Technical regulations promulgated by the
Ministry of Agriculture and Rural Development (QDKT);
- The international or regional standards, and
foreign standards, which are accepted and applied by enterprises to their
goods, and recognized by the competent State management agencies.
Contents of the to be-announced standards must
not be contrary to regulations promulgated by the competent State management
agencies for nationwide application.
3. The procedures for announcement
The procedures for announcing goods quality
standards shall comply with Decision No.2425/2000/QD-BKHCNMT of December 12,
2000 of the Ministry of Science, Technology and Environment as well as the
guidance and instructions of functional bodies designated by the Ministry of
Agriculture and Rural Development according to Article 2 of this Decision.
4. Responsibilities of the Departments and
Bureaus under the Ministry of Agriculture and Rural Development and the
provincial/municipal Services of Agriculture and Rural Development.
4.1. The specialized management departments
shall coordinate with the Department for Science, Technology and Product
Quality under the Ministry of Agriculture and Rural Development in annually
elaborating lists of goods subject to the quality standard announcement in
their assigned management domains, then submit them to the Ministry of
Agriculture and Rural Development for promulgation.
4.2. Branch management responsibilities are
specifically assigned as follows:
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- The provincial/municipal Services of
Agriculture and Rural Development shall have to organize, direct and inspect
the announcement of quality standards for specialized goods of State
enterprises managed by the provinces and enterprises of other economic sectors
under the provincial management.
4.3. The agencies specified at Point 4.2 shall
have to receive dossiers and verify their compliance with the State’s
regulations, and within 15 days after receiving the dossiers, have to:
- Carry out necessary procedures for recognizing
the goods quality standards and notify such to enterprises in writing if the quality
standard announcement has been made by enterprises in strict compliance with
the regulations.
- Notify and guide enterprises in completing
their dossiers for quality standard announcement, if the to be-announced
contents are not yet compliant with the current regulations on quality.
- Basing themselves on the assignment and
delegation of management responsibilities by the Ministry, the departments and
the provincial/municipal Services of Agriculture and Rural Development shall
have to closely coordinate with one another in the course of performing their
tasks, in order to avoid overlapping and omission, and raise the effect of the
quality standard management work.
5. Responsibilities of enterprises
5.1. Enterprises shall be responsible for
ensuring that goods subject to the quality standard announcement are up to the
already announced quality standards, except otherwise prescribed by the
competent State agency(ies). The quality standard announcement shall be made by
enterprises only once if there is no change in goods categories and production
process, and subject to periodical inspections and tests by the competent State
management agencies.
5.2. After the quality standards for their goods
are announced, enterprises shall have to ensure production and business
conditions so that the quality of their products and goods remains stable
throughout the production and circulation processes and always up to the
already announced standards in all aspects.
5.3. In the process of goods production or
circulation, if enterprises cannot ensure conditions for their produced goods
to conform with the announced contents, they shall have to promptly report such
to the agencies defined at Point 4.2, Section 4 above, and the concerned
agencies, and at the same time apply timely remedial measures.
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5.5. Enterprises shall have to keep all dossiers
of goods for which quality standards have already been announced and submit
them to the competent agencies for study when so requested.
6. Examination, inspection and handling of violations
6.1. The competent agencies defined at Point
4.2, Section 4 above shall have to organize periodical inspections of
enterprises in respect of quality of the latter’s products and goods under the
following regime:
- No more than once a year for enterprises
granted with GMP, ISO, HACCP or equivalent product quality control system’s
certificates.
- No more than twice a year for other
establishments.
6.2. The periodical examination and sampling of
products and goods for test shall be simultaneously carried out by the
specialized management agencies. The analysis of product quality shall only be
carried out at the specialized product quality control labs prescribed and
recognized by the Ministry of Agriculture and Rural Development or the
competent State agencies.
6.3. The competent State agencies at the central
level, which are designated by the Ministry of Agriculture and Rural
Development, and those at the local levels designated by the
provincial/municipal Services of Agriculture and Rural Development to perform
the management over each goods line, shall have to compile books for monitoring
the situation of announcing quality standards and standard compatibility for
goods items of enterprises, and sum up and notify quarterly lists of goods to
the quality control agencies and market management agencies at the same level
for coordinated control of market circulation of specialized goods.
6.4. In the course of examination and
inspection, enterprises violating the regulations on goods quality standard announcement
shall, depending on the nature and seriousness of their violations, be handled
according to the provisions of law.
Any problems arising in the course of
implementation should be reported to the Ministry of Agriculture and Rural
Development for consideration and solution.