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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
132/2008/ND-CP
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Hanoi, December
31, 2008
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DECREE
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
LAW ON PRODUCT AND GOODS QUALITY
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 21, 2007 Law on Product and Goods Quality;
At the proposal of the Minister of Science and Technology,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
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Article 2.
Subjects of application
This Decree applies to
organizations and individuals producing or trading in goods and products and
organizations and individuals conducting activities related to products and
goods quality in Vietnam.
Article 3.
Identification and promulgation of a list of products and goods capable of
causing unsafety
1. The identification of
products and goods to be listed as products and goods capable of causing unsafety
(group-2 products and goods) shall be based on:
a/ Products' and goods'
capability of causing unsafety;
b/ State management requirements
and capacity in each period.
2. Products' and goods'
capability of causing unsafety
shall be determined based on one or all of the following factors:
a/ Chemical, physical or
biological nature;
b/ Structure and operation
principles;
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3. Pursuant to Clauses 1 and 2
of this Article, line ministries shall promulgate lists of group-2 products and
goods under their management as prescribed in Clause 2, Article 32 of this
Decree after consulting the Ministry of Science and Technology.
Chapter 2
CONTROL OF PRODUCT AND
GOODS QUALITY
Section 1.
CONTROL OF QUALITY OF PRODUCTS IN PRODUCTION
Article 4.
Conditions for ensuring quality of products in production before they are
marketed
1. Producers shall abide by
requirements on product quality control in production specified in Article 28
of the Law on Product and Goods Quality before putting products on the market
and, at the same time shall:
a/ Ensure that products are safe
to humans, animals, plants, property and the environment;
b/ Determine and display
information warning about products' capability of causing unsafety.
2. For group-2 products,
producers shall make regulation-conformity announcement according to relevant
technical regulations. The announcement of technical regulation conformity must
comply with the law on standards and technical regulations.
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3. For group-2 products which have
new properties accompanied with the latent capability of causing unsafety
under proper transportation, storage, preservation and use conditions, which,
however, have not yet been specified in relevant technical regulations or
products which appear for the first time in Vietnam and possess the latent
capability of causing unsafety,
producers shall prove that these products are safe to humans, animals, plants,
property and the environment in accordance with regulations of line ministries.
These products may be marketed only after line ministries' permission is
obtained.
Article 5.
State examination of product quality in production
1. The state examination of
product quality in production (below referred to as examination of product
quality in production) shall be conducted by product and goods quality
examination agencies.
2. Grounds for product and goods
quality examination agencies to examine product quality in production:
a/ Exported goods fail to
satisfy the conditions prescribed in Article 32 of the Law on Product and Goods
Quality, causing harms to national interests and reputation;
b/ Goods circulated on the
market fail to conform to announced applicable standards or relevant technical
regulations. The nonconformity is systematic and repeated.
3. Examination contents:
a/ Examining the application of
requirements under relevant technical regulations related to conditions on the
production process and measures for state control of product quality in
production;
b/ Examining the evaluation of
conformity and conformity evaluation results, goods labeling, display of
standard- or regulation-conformity marks and documents accompanying products
subject to examination;
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The examination under this Point
shall be conducted by a designated conformity evaluation organization when
signs of failure to ensure quality are detected after carrying out the
examination under Points a and b of this Clause.
4. In the process of examination
under Clause 3 of this Article, examination agencies may invite conformity
evaluation experts or organizations to conduct the evaluation and testing
according to announced applicable standards or relevant technical regulations.
Conformity evaluation experts and organizations must work in an independent and
objective manner and take responsibility before law for their evaluation and
testing results.
Article 6.
Handling of violations in the process of examination of product quality in
production
1. When a producer fails to
comply with requirements prescribed in Article 28 of the Law on Product and
Goods Quality, the examination team shall handle the producer according to
Article 30 of the Law on Product and Goods Quality and, at the same time,
notify the producer of unconformable contents and set a time limit for
remedying them. The producer shall take remedies as required by the examination
team and may only put the product on the market when unconformable contents
have been remedied. Before putting this remedied product on the market, the
producer shall notify in writing the examination agency thereof.
2. For cases subject to
announcement on the mass media as prescribed at Point c, Clause 1, and Clause
2, Article 30 of the Law on Product and Goods Quality, the examination agency
shall, depending on the nature and severity of the violation and the degree and
scope of its impact, decide to make announcement on local or central radio or
television stations or other mass media.
3. When detecting a violation
subject to administrative handling, the examination agency shall transfer the
dossier to and propose a competent agency to carry out procedures for
administratively handling such violation according to the law on the handling of
administrative violations. The agency competent to handle administrative
violations shall notify the handling and handling results to the examination
agency for monitoring.
Section 2.
CONTROL OF IMPORTED GOODS QUALITY
Article 7.
Conditions for ensuring the quality of imported goods before goods are marketed
1. Importers shall abide by
requirements on control of goods quality prescribed in Article 34 of the Law on
Product and Goods Quality before circulating goods on the market and, at the
same time shall:
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b/ Determine and display
information warning about goods' capability of causing unsafety.
2. For group-2 goods, importers
shall announce regulation conformity and must have their goods certified as
regulation-conformable in accordance with relevant technical regulations.
The certification of regulation
conformity shall be conducted in accordance with the law on standards and
technical regulations. The announcement of regulation conformity shall be
conducted based on one of the following grounds:
a/ The results of
self-evaluation by the producer or importer;
b/ Evaluation by a conformity
evaluation organization;
c/ Certification of regulation
conformity according to relevant technical regulations;
d/ Results of verification at
the border gate of exportation or the border gate of importation by a
designated or accredited certification or evaluation organization as prescribed
in Article 26 of the Law on Product and Goods Quality.
3. For group-2 goods subject to
technical regulations related to conditions on the production process, the
importer shall produce a certificate concerning the conditions on the
production process, issued by a designed or accredited evaluation organization.
4. For group-2 products which
have new properties with the latent capability of causing unsafety under proper
transportation, storage, preservation and use conditions, which, however, have
not yet been specified in relevant technical regulations or products which
appear for the first time in Vietnam and possess the latent capability of
causing unsafety,
importers shall prove that these products are safe to humans, animals, plants,
property and the environment in accordance with regulations of line ministries.
These products may be marketed only after line ministries' permission is
obtained.
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Article 8.
State examination of quality of imported goods and handling of violations
1. State examination of imported
goods quality (below referred to as examination of imported goods quality)
shall be conducted by product and goods quality examination agencies, for
group-2 goods and other goods showing signs or posing risks of causing unsafety.
2. The quality of imported goods
shall be examined under Clause 2, Article 27, and according to the examination
order and procedures prescribed in Article 35; violations detected in the
examination process shall be handled under Article 36 of the Law on Product and
Goods Quality.
If goods quality satisfies
prescribed requirements, the examination agency shall issue a notice for the
customs office and the importer to carry out customs clearance procedures. If
goods quality fails to satisfy the prescribed requirements, the examination
agency shall, depending on the nature and severity of the violation, propose a
competent state agency to apply one or all of the following handling measures:
a/ To request the importer to
re-export the goods;
b/ To request the importer to
re-process or destroy the goods according to regulations. Goods, after being
re-processed, must comply with regulations on management of imports;
c/ The product and goods quality
examination agency shall consider the intensified examination at border gates
or propose competent state agencies to decide to suspend or stop the import of
these non-conformable goods.
3. Expenses and charges for the
examination of imported goods quality comply with Article 37 of the Law on
Product and Goods Quality.
Section 3.
CONTROL OF EXPORTED GOODS QUALITY
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Exporters shall abide by
management requirements prescribed in Article 32 of the Law on Product and
Goods Quality before exporting goods.
Article 10.
State examination of quality of exported goods and handling of violations
1. Goods that meet the
requirements specified in Article 32 of the Law on Product and Goods Quality
may be exported without being examined by examination agencies.
2. For exported goods which fail
to ensure quality standards, adversely affecting to the national interests and
reputation, goods and product quality examination agencies shall examine the
quality of products in production under Article 5 and handle violations under
Article 6 of this Decree.
3. Exported goods, when
circulated in the country, must comply with management requirements prescribed
in Section 1, Chapter II of this Decree.
Section 4.
CONTROL OF QUALITY OF GOODS CIRCULATED ON THE MARKET
Article 11.
Conditions for ensuring quality of goods circulated on the market
Goods which meet the
requirements prescribed in Articles 4 and 7 of this Decree may be circulated on
the market.
Article 12.
Examination of quality of goods circulated on the market
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2. Based on examination plans
and the situation of goods quality on the market, product and goods quality
examination agencies shall examine the quality of goods circulated on the
market as follows:
a/ Examining the results of
conformity evaluation, goods labeling, display of standard-and
regulation-conformity marks and documents accompanying goods subject to
examination; information and warnings about the capability of causing unsafety;
b/ After conducting examination
under Point a of this Clause or if detecting signs of poor quality, inviting a
designated conformity evaluation organization to test samples to examine the
conformity of goods with announced applicable standards or relevant technical
regulations. Conformity evaluation organizations must work in an independent
and objective manner and take responsibility before law for their evaluation
results.
Article 13.
Handling of violations in the process of examination of quality of goods
circulated on the market
1. Product and goods quality
examination agencies shall examine quality of goods circulated on the market according
to the order and procedures specified in Article 39 and handle violations under
Article 40 of the Law on Product and Goods Quality. Quality controllers and
examination teams shall notify goods sellers of unconformable contents and time
limits for remedying them. Goods sellers shall remedy all unconformable
contents before resuming the sale of goods, and shall notify in writing
examination agencies thereof.
2. For cases subject to
announcement on the mass media as prescribed at Point c. Clause 1, and Point c.
Clause 2, Article 40 of the Law on Product and Goods Quality, the product and
goods quality examination agency shall, depending on the nature and severity of
the violation 3s well as the degree and scope of its impact, decide to make
announcement on local or central radio or television stations or on other mass
media.
3. When detecting a violation
subject to administrative sanction, the examination agency shall transfer the
dossier to and propose a competent agency to carry out procedures for administratively
handling such violation in accordance with the law on handling of
administrative violations. The agency competent to handle administrative
violations shall monitor and notify the handling and handling results to the
examination agency for monitoring.
Section 5.
CONTROL OF GOODS QUALITY IN THE USE PROCESS
Article 14.
Conditions for ensuring the quality of goods in the use process
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2. Goods on the list of those
subject to verification in the use process may be used only after being granted
a verification certificate.
3. Users and owners of goods
subject to verification shall pay verification expenses and fees. Verification
expenses shall be paid at the rates agreed upon with verification
organizations.
The Ministry of Finance shall
prescribe the verification fee rates for goods subject to verification in the
use process and the collection and management of such fees.
Article 15.
Control of the quality of goods subject to quality control in the use process
Line ministries shall, within
their assigned management scope specified in Clause 2, Article 32 of this Decree,
make lists of goods subject to verification, initial or periodical verification
in the use process, and provide for the process for management of these goods.
Article 16.
Examination of quality of goods subject to quality control in the use process
and handling of violations
1. For goods subject to quality
control in the use process, product and goods quality management agencies shall
work out methods for collecting information to warn about the risks of poor
quality, goods not up to quality standards and the situation of quality of
goods subject to quality control in the use process so as to make annual
examination plans, estimate examination budgets and identify specific goods
subject to examination.
2. Based on examination plans
and the situation of quality of goods subject to quality control in the use
process, product and goods quality examination agencies shall examine quality
of goods subject to quality control in the use process as follows:
a/ Examining the compliance with
requirements specified in relevant technical regulations related to the
conditions on the use process and measures for state control of qualit)
in the use process;
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b/ Examining the compliance with
verification requirements, verification results and use instructions
accompanying goods subject to examination;
c/ If considering that
requirements specified at Points a and b of this Clause are not fully complied
with or when detecting signs of poor quality, examination agencies shall
consider and invite a designated conformity evaluation organization to test
these goods;
Conformity evaluation
organizations must work in an independent and objective manner and shall take
responsibility before law for their evaluation results.
3. When detecting goods which
fail to meet verification requirements and relevant technical regulations,
depending on the nature and severity of violations, quality examination
agencies shall:
a/ Notify goods owners of unconformable
contents and time limits for remedying them;
b/ Request goods owners to
suspend the use and take measures to announce the suspension of goods use. All
unconformable contents must be remedied and verified and a re-verification
certificate must be granted before the goods are re-used;
c/ Propose competent state
agencies to inspect, handle administrative violations, confiscate or destroy
the goods or stop the use of the goods forever.
Section 6.
CONFORMITY EVALUATION
Article 17.
Conformity evaluation organizations and registration of conformity evaluation
operations
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2. The registration of
operations of conformity evaluation organizations is prescribed as follows:
a/ Registration for standard
conformity certification and testing operations is carried out at the Ministry
of Science and Technology;
b/ Registration for regulation
conformity certification operations is carried out at ministries,
ministerial-level agencies and provincial-level People's Committees that
promulgate technical regulations;
c/ Registration for verification
operations is carried out at the Ministry of Industry and Trade under the
commercial law;
d/ Registration for assay
operations is carried out at ministries or ministerial-level agencies in
accordance with their assigned scope of product and goods quality control.
3. Biannually, ministries,
ministerial-level agencies and provincial-level People's Committees which
receive registrations of operations of conformity evaluation organization
specified in Clause 2 of this Article shall send to the Ministry of Science and
Technology the lists of conformity evaluation organizations which have
registered their operations.
4. The Ministry of Science and
Technology shall sum up and publicize the list of conformity evaluation organizations
which have registered their operations under Clause 2 of this Article.
5. The Ministry of Science and
Technology shall specify requirements, order of and procedures for registration
of operation domains of conformity evaluation organizations.
Article 18.
Designation of conformity evaluation organizations and recognition of
conformity evaluation results
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2. Line ministries or
provincial-level People's Committees shall designate conformity evaluation
organizations to conduct testing, verification, certification and assay for the
state control of quality of product and goods in their assigned branches,
domains or localities.
Conformity evaluation results of
designated conformity evaluation organizations shall be considered and
recognized by competent state agencies in the process of examination and inspection
of product and goods quality.
3. Line ministries and
provincial-level People's Committees shall publicize the list of designated
conformity evaluation organizations and conformity evaluation organizations
with recognized conformity evaluation results under Clause 2, Article 26 of the
Law on Product and Goods Quality for selection and use by concerned agencies,
organizations and individuals.
4. The Ministry of Science and
Technology shall prescribe requirements, the order of and procedures for
designation of conformity evaluation organizations.
Article 19.
Conformity evaluation expenses
1. Producers and traders shall
pay expenses for conformity evaluation as agreed upon with conformity
evaluation organizations.
2. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with line ministries in,
scrutinizing charges related to conformity evaluation which must be abolished.
The deadline for completion is December 1, 2009.
Chapter
III
ORGANIZATION OF
EXAMINATION OF PRODUCT AND GOODS QUALITY
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1. Central product and goods
quality examination agencies are general departments and departments which have
the function of state control of product and goods quality or other
ministerial-level agencies which are assigned the task of examining product and
goods quality.
2. Local product and goods
quality examination agencies are specialized agencies under provincial-level
People's Committees which have the function of state control of product and
goods quality and conduct examination of the quality of product and goods in
their respective localities under regulations of line ministries.
3. Based on specific
requirements, line ministries and provincial-level People's Committees shall
specify the functions, tasks, powers and organizational structures of, and
reach agreement with the Ministry of Home Affairs on the payroll of quality
inspectors in, product and goods examination units defined in Clauses 1 and 2
of this Article.
Article 21.
Assignment of product and goods quality examination responsibilities to
examination agencies under line ministries
1. Product and goods examination
agencies under line ministries shall examine product and goods quality in the
domains assigned to them under decrees defining the functions, tasks, powers
and organizational structure of their respective ministries, particularly in
production, import and export, circulation on the market. and the use process
as follows:
a/ According to Clause 2,
Article 32 of this Decree, for products in production;
b/ According to Clause 2,
Article 70 of the Law on Product and Goods Quality, for imported goods,
exported goods, goods circulated on the market and goods on the list in Article
15 of this Decree.
2. The product and goods quality
examination agency under the Ministry of Science and Technology shall examine
product and goods quality within its assigned domains, specifically as follows:
a/ According to Point o. Clause
2, Article 32 of this Decree, for products in production;
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3. Product and goods quality
examination agencies specified in Clauses 1 and 2 of this Article, have the
powers defined in Article 46 and tasks defined in Article 47 of the Law on
Product and Goods Quality, and perform the following specific tasks:
a/ Assume the prime
responsibility for, and coordinate with other agencies in, organizing the
examination within their assigned domains;
b/ Take the initiative in
coordinating with market management agencies in handling violations detected in
the process of examination of quality of goods circulated on the market;
c/ Guide and provide professional
instructions for local product and goods quality examination agencies to
conduct the examination;
d/ Sum up and review the
situation of quality of product and goods under their management for reporting
to their respective ministries and the Ministry of Science and Technology.
The Ministry of Science and
Technology shall assume the prime responsibility for, and coordinate with line
ministries in, issuing regulations on examination of quality of products and goods
circulated on the market and formulate and submit to the Prime Minister for
promulgation a Regulation on coordination between examination agencies defined
in Clauses 1 and 2 of this Article, and local product and goods quality
examination agencies and inspection agencies, customs agencies, public security
agencies and market control agencies in the examination of quality of products
and goods under their assigned domains.
Article 22.
Quality controllers
1. Quality controller is the
rank of public employees specializing in product and goods quality examination.
2. Titles, rank codes and
professional qualifications for product and goods quality controllers shall be
prescribed by the Ministry of Home Affairs.
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The Ministry of Home Affairs
shall assume the prime responsibility for, and coordinate with the Ministry of
Science and Technology in, guiding the appointment and change of the rank of
public employees to the rank of quality controller.
4. Quality controllers shall be
supplied with uniforms, badges and quality controller's cards according to
regulations of the Ministry of Science and Technology.
Article 23.
Funds for product and goods quality examination
1. Funds for product and goods
quality examination come from:
a/ Annual state budgets of line
ministries and provincial-level People's Committees;
b/ Other sources.
2. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Science and Technology in, specifying spending items as well as the allocation,
management and use of funds for product and goods quality examination.
Chapter IV
NATIONAL QUALITY PRIZES
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1. National quality prizes are a
form of national-level commendation presented by the Prime Minister to
organizations and enterprises which record outstanding achievements in raising
product and goods quality according to the criteria of the national quality
prizes and have lawfully operated in Vietnam for at least 3 years.
2. The national quality prizes
are awarded on a yearly basis.
Article 25.
Prize forms
The national quality prizes
include:
1. The national quality gold
prize;
2. The national quality silver
prize.
Awarded organizations and
enterprises shall be given a trophy, together with a certificate.
Article 26.
Principles on selection of prize winners
1. Non-discrimination among
participating organizations and enterprises, regardless of their type and size
and no limitation on the number of participating organizations and enterprises.
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Article 27.
Criteria for selection of prize winners
The national quality prizes
shall be assessed according to the following criteria:
1. The role of organizations' or
enterprises' leadership;
2. Operation strategies of organizations
or enterprises;
3. Customer- and market-oriented
policies;
4. Knowledge measurement,
analysis and management;
5. Human resources management
and development;
6. Management of organizations'
or enterprises' operation process;
7. Operation results of
organizations or enterprises.
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1. National quality prize
winners shall be selected by a pre-qualification council and a national
council.
a/ A national council shall be
set up under decision of the Minister of Science and Technology, composed of
between 11 and 17 members who are representatives of relevant ministries,
branches, agencies and organizations. The council has a chairman, a vice
chairman and members. Council members must be those knowledgeable about quality
and thoroughly understanding the requirements of the national quality prizes;
b/ Pre-qualification councils
shall be set up by the national quality prize's standing body at the proposal
of directors of provincial-level Science and Technology Services;
A pre-qualification council is
consists of between 7 and 11 members who are representatives of
provincial-level services, departments and relevant organizations. A
pre-qualification council has a chairman, a vice chairman and members. Members
of pre-qualification councils must be knowledgeable about quality and
thoroughly understand the requirements of the national quality prizes.
c/ The national quality prize's
standing body is the Directorate for Standards and Quality.
2. The Minister of Science and
Technology shall submit a list of organizations and enterprises proposed for
prize awarding to the Prime Minister for consideration and final decision.
3. The Ministry of Science and
Technology shall provide for the number of gold prizes and silver prizes, model
trophies and forms of certificates of national quality prizes and guide the
order of and procedures for selection of prize winners, detailed criteria, the
scoring scale and organization of national quality prize awarding ceremonies.
Article 29.
Operation funds
Funds for the organization of
the award of the national quality prizes include:
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2. Financial aid of domestic and
foreign organizations and individuals;
3. Contributions of
participating organizations and enterprises.
Article 30.
Benefits of awarded organizations and enterprises
1. Organizations and enterprises
awarded with the national quality prizes may make announcement, dissemination
and advertisement on the mass media or otherwise introduce their units and may
use the symbol of the national quality prizes on their products or
publications.
2. Organizations and enterprises
awarded with the national quality gold prize shall be nominated for
participation in regional and international quality prizes by the national quality
prize's standing body.
Chapter V
RESPONSIBILITIES FOR
STATE CONTROL OF PRODUCT AND GOODS QUALITY
Article 31.
Responsibilities of the Ministry of Science and Technology for state control of
specific product and goods quality
1. To perform the task of state
control of product and goods quality defined in Article 69 of the Law on
Product and Goods Quality.
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a/ Perform the state control of
the quality of products in production, for products and goods under its
assigned domains as prescribed by the law on standards and technical
regulations;
b/ Perform the state control of
imported goods, exported goods, goods circulated on the market and goods in the
use process under its assigned domains which are capable of causing unsafety
as prescribed in Clause 4, Article 69 of the Law on Product and Goods Quality;
c/ Biannually. annually and
irregularly, report to the Prime Minister on the situation and results of
product and goods quality examination nationwide.
Article 32.
Responsibilities of line ministries for state control of product and goods
quality
1. To perform the task of state
control of product and goods quality prescribed in Clause 1, Article 70 of the
Law on Product and Goods Quality.
2. Line ministries shall perform
the state control of the quality of products in production, specifically:
a/ The Ministry of Health:
- Traditional medicine and
pharmacy; community health; food hygiene and safety, functional food, food
fortified with micronutrients, supplement food, food additives, drinking water,
daily-life water, natural mineral water, cigarettes; chemicals, pesticides and
disinfectants for family and medical use;
- Medical examination and
treatment, care, convalescence, and functional rehabilitation, plastic surgery;
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- Medical equipment and works.
b/ The Ministry of Agriculture
and Rural Development:
- Plant varieties, animal
breeds; agricultural, forest and aquatic products, salt; cattle, poultry and
domestic animals;
- Agricultural, forestry and
fishery supplies; fertilizers; animal feed and animal feed raw materials;
- Products and services in
cultivation, harvest, processing, preservation and transportation of
agricultural, forest and aquacultural
products and salt;
- Additives and chemicals for
use in agriculture, forestry and fisheries, plant and animal protection drugs;
- Irrigation works, dikes;
- Fishing gear and equipment
subject to strict safety requirements in the fisheries sector.
c/ The Ministry of Transport:
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- Road, railway, inland
waterway, maritime and aviation infrastructure facilities;
- Services in the transport
sector,
d/ The Ministry of Construction:
- Civil construction works,
houses and office buildings;
- Construction materials;
- Architecture and construction
planning including regional construction planning, urban construction planning,
planning on construction of rural residential quarters, planning on
construction of industrial parks, economic zones and hi-tech parks, and
construction of important international border gates;
- Technical infrastructure in
urban centers, industrial parks, economic zones and hi-tech parks;
- Services in the construction
sector,
e/ The Ministry of Industry and
Trade:
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- Machinery and equipment
subject to strict labor safety requirements under the Ministry's state
management;
- Products of consumer goods,
food and other processing industries as prescribed by law;
- Services in the industry and trade
sector;
- E-commerce.
f/ The Ministry of Labor, War
Invalids and Social Affairs:
- Machinery, equipment and
materials subject to strict labor safety requirements; personal protection
equipment for laborers;
- Labor safety products as
prescribed by law;
- Public recreation works;
- Services in the labor, war
invalids and social affairs sector.
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- Press products; publication;
post and delivery;
- Telecommunications equipment
and works;
- Post and telecommunications
networks, facilities, products and services, electronics and information
technology;
- Radio frequencies and radio
wave receivers and transmitters;
- Services in the post and
telecommunications sector.
h/ The Ministry of Natural
Resources and Environment:
- Natural resources and
minerals;
- Meteorology and hydrology;
- Metrology and topography;
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i/ The Ministry of
Education and Training:
- Textbooks, syllabuses and
teachers' manuals;
- Teaching equipment, material
foundations and toys in the education and training sector under the Ministry's
state management as prescribed by law;
- Services in the education and
training sector.
j/ The Ministry of Finance:
Products related to national reserves, lottery business, securities activities;
insurance, accounting, audit, financial consultancy, tax, price appraisal and
customs services.
k/ The Ministry of Culture,
Sports and Tourism:
- Cultural articles, literary
and artistic works;
- Sports facilities, equipment
and devices for sports training and competition of sport and physical training
establishments.
l/ The State Bank of Vietnam:
Currencies, banking activities and specialized banking equipment.
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n/ The Ministry of Public
Security: Fire prevention and fighting equipment; technical equipment, weapons,
ammunitions, support instruments and other products for use in the people's
public security force not classified as national secrets.
o/The Ministry of Science and
Technology: Radiation safety equipment; radiation sources; measuring equipment
and other products and goods, except for those stated at Points a, b, c, d, e,
f, g, h, i,
j, k, I, m and n of this Clause and products and goods used in defense and
public security and classified as national secrets.
3. Line ministries shall perform
the state control of the quality of goods imported, exported, circulated on the
market or in the use process, which are capable of causing unsafety. under their
respective management in accordance with Clause 4, Article 69, and Clause 2,
Article 70 of the Law on Product and Goods Quality and goods on the list
specified in Article 15 of this Decree.
4. Line ministries shall notify
the Ministry of Science and Technology of their agencies in charge of assisting
their ministers in performing the state control of product and goods quality
under Clauses 2 and 3 of this Article. They shall sum up and report on the
situation and results of the examination of the quality of products and goods
under their respective management on a quarter, biannual, annual or irregular
basis to the Ministry of Science and Technology for sum-up and reporting to the
Prime Minister.
5. If there is an overlap or
duplication in domains assigned to line ministries or arise of new domains
other than those as prescribed in Clauses 2 and 3 of this Article, the Ministry
of Science and Technology shall sum up and report them to the Prime Minister
for consideration and decision.
Article 33.
Responsibilities of People's Committees at all levels
1. Provincial-level People's
Committees, within the scope of their tasks and powers, shall:
a/ Adopt measures to encourage
and create conditions for enterprises in their localities to raise the quality
and competitiveness of their products and goods. Direct local functional
agencies in formulating and implementing programs on raising the productivity,
quality and competitiveness of local products and goods;
b/ Organize the implementation
of regulations of the Government and line ministries regarding product and
goods quality control according to management decentralization;
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d/ Monitor, make statistics and
sum up the situation of product and goods quality in their localities. Report
on the situation and results of examination of product and goods quality in
their localities on a quarter, biannual, annual or irregular basis to the
Ministry of Science and Technology for sum-up and reporting to the Prime
Minister;
e/ Propagate, disseminate and
guide the application of, the law and supply information on product and goods
quality to production and business organizations and individuals and consumers;
f/ Inspect the observance of the
law on product and goods quality; settle complaints and denunciations and
handle violations of the law on product and goods quality in accordance with
law;
g/ Designate conformity
evaluation organizations in their localities in accordance with law.
2. Provincial-level Science and
Technology Services shall assume the prime responsibility for, and coordinate
with provincial-level services and departments in, assisting provincial-level
People's Committees in performing the state control of product and goods
quality in their localities; act as the sole agency in charge of synthesizing
and reporting on the situation of product and goods quality in their localities
to provincial-level People's Committees and the Ministry of Science and
Technology.
Sub-directorates of Standards
and Quality under provincial-level Science and Technology Services shall
directly assist provincial-level Science and Technology Services in performing
the control of product and goods quality, and conduct the examination of
product and goods quality in localities.
3. District-level People's
Committees, within the scope of their tasks and powers, shall:
a/ Propagate, disseminate, and
guide the application of, the law on product and goods quality in accordance
with law;
b/ Participate in the
examination of the quality of goods circulated on the market; handle violations
of the law on goods quality according to their competence;
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d/ Settle complaints and
denunciations about quality of goods circulated on the market in accordance
with law.
4. Communal-level People's Committees,
within the scope of their tasks and powers, shall:
a/ Propagate, disseminate, and
guide the application of, the law on product and goods quality;
b/ Provide technical guidance
and examine the observance of regulations of competent state agencies and
handle violations in quality of products and goods produced or traded on a
small scale in their localities according to the management decentralization;
c/ Coordinate with competent
state agencies in conducting examination and inspection of product and goods
quality in their localities in accordance with law.
Article 34.
Responsibilities of local product and goods examination agencies
1. To work out product and goods
quality examination plans according to their assigned domains and geographical
areas.
2. To take the initiative in
organizing the examination and handling of matters regarding product and goods
quality according to regulations of line ministries and provincial-level
People's Committees.
3. To sum up and report on the examination
results to line ministries, provincial-level People's Committees and
provincial-level Science and Technology Services on a quarterly, biannual,
annual and irregular basis.
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IMPLEMENTATION PROVISIONS
Article 35.
Transitional provisions
1. For products and goods
subject to Vietnam standards, branch standards or technical regulations,
processes, standards and documents (below collectively referred to as technical
documents) which, however, have not yet been converted into national technical
regulations, these technical documents will continue to apply to examining
product and goods quality till they are converted into national technical
regulations in accordance with the Government's Decree No. 127/2007/ND-CP of
August 1, 2007, detailing the implementation of a number of articles of the Law
on Standards and Technical Regulations.
2. Public employees in agencies
having the function of state control of quality under line ministries and
provincial-level People's Committees shall continue conducting the examination
of product and goods quality until the time they are appointed or have their
rank changed to the rank of quality controller in accordance with Clauses 2 and
3. Article 22 of this Decree.
Article 36.
Implementation effect
This Decree takes effect 15 days
after its publication in "CONG BAO." The Government's Decree No.
179/2004/ND-CPof October 21, 2004, on the state management of product and goods
quality and other previous regulations contrary to this Decree are annulled.
Article 37.
Implementation guidance
The Minister of Science and
Technology shall guide the implementation of this Decree.
Article 38.
Implementation responsibilities
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung