THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No: 86-CP
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Hanoi, December 08, 1995
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DECREE
ON ASSIGNMENT OF STATE MANAGEMENT RESPONSIBILITIES FOR THE
QUALITY OF GOODS
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Quality of Goods of December 27, 1990;
At the proposal of the Minister of Science, Technology and Environment,
DECREES:
Chapter
I
GENERAL PROVISIONS
Article
1.- State management over the quality of
goods aims to ensure the necessary control of the State over the quality of
goods in production, business, import and export activities; to redress in time
mistakes and prevent consequent losses to State property, the national
interests and prestige, the people's interests and health due to the poor
quality of goods.
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1.
Enhance the role and responsibility of the Ministries, branches, agencies
attached to the Government, and localities in the management of quality control
in the whole production process (from the orientation of production to the
manufacture and marketing of goods).
2.
Make recommendations to the Government to promulgate undertakings, policies and
mechanisms of State management of the quality of goods that suit the market
economy, create conditions for organizations and individuals to quickly apply
scientific, technical and technological advances to the manufacture of quality
products that meet the demands of the domestic and international markets.
Article 3.- The
division of tasks and powers in State management of the quality of goods is
based on the following principles:
1.
Ensuring the centralized and unified management in the whole country, at the
same time rationally dividing the responsibilities among the Ministries,
branches, agencies attached to the Government, and localities in order to avoid
overlapping or omission of any object of management. The Ministries, branches,
agencies attached to the Government, and localities shall take direct
responsibility before the Government within their assigned scope of management.
2.
Depending on the functions and tasks of each Ministry, branch, agency attached
to the Government and at the same time making adjustments to suit its capacity
and specialized fields and technologies to overcome weaknesses in the
regulations already promulgated.
3. For
a number of particular kinds of goods which have direct effect on the
customers' health, on the safety of the environment and production (stipulated
in Article 4, Chapter II), the quality management (from the preparation for
production to the manufacture of products, their circulation, distribution and
use, export and import) shall be assigned to the Ministries managing
specialized branches.
4.
Within their scope of management, the Ministries, agencies attached to the
Government, and localities take concrete responsibilities for each field of
activities regarding standardization and quality management mentioned in
Articles 5, 6, 7, 8 and 9, Chapter II of this Decree.
Chapter
II
DIVISION OF RESPONSIBILITIES IN STATE MANAGEMENT OVER QUALITY OF
GOODS
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The
Ministry of Science, Technology and Environment is a specialized agency to
assist the Government in guiding and unifying the State management of the
quality of goods, laying down general undertakings and policies, performing
unified professional management and supervising the implementation of those
regulations by the Ministries managing specialized branches, agencies attached
to the Government, and localities.
The
Ministries managing specialized branches, and the agencies attached to the
Government shall have to study and draw up guidelines and regulations on
ensuring and controlling the quality of goods within their scope of management,
from the production orientation to the manufacture and marketing of products.
The
Ministries, branches, agencies attached to the Government, and localities shall
have to closely collaborate with the Ministry of Science, Technology and
Environment in organizing the implementation of their assigned State management
functions and tasks regarding the quality of goods.
With
regard to a number of particular kinds of goods, the function of State
management of the quality of goods is assigned to the following specialized
Ministries:
1. The
Ministry of Health: pharmaceutical products, pharmaceutical materials, medical
equipments and instruments, cosmetics which have direct effect on the people's
health; hygiene and food safety (fresh, industrially processed), assorted
drinks, alcohol and cigarettes.
2. The
Ministry of Agriculture and Rural Development: fertilizers, veterinary
medicines, plant protection drugs, plant and animal breeds, biological products
in service of cultivation and husbandry, animal feeds (except those under the
responsibility of the Ministry of Aquatic Products).
3. The
Ministry of Aquatic Products: aquatic animals and plants, aquatic animal and
plant products, feeds for aquatic and marine life, aquatic plant protection
drugs and veterinary medicines for aquatic life, fishing nets and gear.
4. The
Ministry of Transport and Communications: means of transport, communication
infrastructure works, cargo-lifting equipment of one-ton or more in capacity,
steam boilers, pressure boilers used in transport and communications.
5. The
Ministry of Construction: construction projects.
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7. The
Ministry of Industry: industrial explosives.
The
Ministry of Science, Technology and Environment together with the concerned
specialized Ministries shall issue inter-ministerial Circulars guiding in
details the implementation of their assigned tasks mentioned in Points 1, 2, 3,
4, 5, 6, 7 no later than two months after the promulgation of this Decree.
The
Ministry of Science, Technology and Environment is responsible for State
management of the quality of other kinds of goods (except those mentioned in
Points 1, 2, 3, 4, 5, 6, 7 and goods related to national defense, security and
national secrets).
Depending
on the requirements of economic and trade development, for those kinds of goods
the quality of which needs joint management, the Prime Minister shall assign
the management responsibility to the concerned Ministries on a case-by-case
basis.
The
Ministries, branches, agencies attached to the Government and localities should
promptly perfect the existing specialized agencies for quality management and
control in compliance with the professional guidance of the Ministry of
Science, Technology and Environment. The Ministry of Science, Technology and
Environment shall collaborate with the other concerned Ministries to submit to
the Prime Minister a regulation on the functions, tasks, powers and modes of
operation of these agencies for promulgation.
Article 5.- The issue
and guidance on the application of the Vietnamese standards shall be assigned
as follows:
1. The
Ministry of Science, Technology and Environment shall issue the Vietnamese
Standards and publish them on the Official Gazette of the Socialist Republic of
Vietnam. In a number of specific cases, the Ministry of Science, Technology and
Environment, with permission of the Government, may delegate the Ministries
managing specialized branches to issue the Vietnamese Standards.
The
Ministry of Science, Technology and Environment shall work with the specialized
Ministries to set up Technical Commissions for specific fields corresponding to
the Technical Commissions of the International Standardization Organization.
These Technical Commissions shall be comprised of specialists from any economic
sector, from the Ministries, branches, localities, research and training
institutions, business and production establishments... to compile the
Vietnamese Standards.
2. The
Ministries managing specialized branches, and agencies attached to the
Government shall have to define the objectives for the quality of goods and
concrete policies appropriate to various kinds of goods under their management
in order to materialize the overall objectives; to make plans for materializing
the objectives set for the quality of goods as well as the programs for
improving the quality of goods in their own Ministries, branches and agencies.
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The
Ministries managing specialized branches shall have to stipulate the obligatory
application of the Vietnamese Standards for the units under their management by
making decisions to apply the Vietnamese Standards, organize, and supervise the
application of the Vietnamese Standards and handle violations.
Article 6.- The
quality of goods registration shall be made as follows:
1. The
Ministries, the agencies attached to the Government, and localities shall,
depending on the kinds of goods assigned to them, propose the lists of goods
subject to quality registration with the Ministry of Science, Technology and
Environment so that the latter publicizes them. (except for phamaceutical
products and cosmetics to be announced by the Ministry of Health; veterinary
medicines to be announced by the Ministry of Agriculture and Rural Development;
veterinary medicines for aquaproducts, biological products in service of
aquaculture to be announced by the Ministry of Aquatic Products).
In
specific cases, the Ministry of Science, Technology and Environment may
delegate, by permission of the Government, the Ministries managing specialized
branches to announce the lists of goods that are subject to quality
registration.
2. The
Ministry of Science, Technology and Environment shall organize quality
registration for those kinds of goods on the lists announced by the Ministry.
The Ministry
of Health, the Ministry of Agriculture and Rural Development and the Ministry
of Aquatic Products shall organize quality registration for those kinds of
goods referred to in Item 1 of this Article, and shall have to notify the
Ministry of Science, Technology and Environment of the lists of registered
kinds of goods.
3.
With regard to goods which need to be studied, verified and tested before being
put into production and use or being allowed for importation (phamaceutical
products, veterinary medicines, anti-epidemic drugs, biological products in
service of cultivation and husbandry, plant and animal breeds of various kinds,
new technical equipments and materials...), the Ministry managing specialized
branches shall preside over and co-ordinate with the concerned agencies in
organizing the clinical verification and testing for conclusion and decision on
their production, use and import. The Ministry of Science, Technology and
Environment, the Ministries managing specialized branches (mentioned in Article
6, Item 2) shall issue quality registration certificates only after getting
confirmation of the results of the clinical verification and testing, quality
evaluation... issued by the agency nominated by the Ministry managing
specialized branches.
Article 7.- The
organization of goods quality control shall be assigned as follows:
1. The
Ministry of Science, Technology and Environment shall preside over and
co-ordinate with the concerned Ministries in drawing up a list of domestically
manufactured goods, exported and imported goods that are subject to State
quality control.
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2. The
Ministry of Science, Technology and Environment shall co-ordinate with the
Ministries managing specialized branches in setting criteria for the control
and in nominating the quality control agencies for commodities subject to State
quality control.
With
regard to commodities under the managerial responsibilities of different
Ministries as assigned in Article 4, the quality control agency shall be
nominated by an inter-ministerial decision of the Ministry of Science,
Technology and Environment and a concerned Ministry.
The
technical and administrative units under the State management agency nominated
to control the quality shall not undertake quality control services for goods
under commercial contracts.
3. To
ensure the control of the quality of the goods under commercial contracts and
to facilitate import and export activities and the integration into the region
and the world in terms of quality of goods control, the organizations engaged
in the goods quality control must be considered, recognized and licensed for
operation.
The
Ministry of Science, Technology and Environment and the Ministry of Trade shall
provide for the procedures of considering and recognizing goods quality control
organizations, organizing the evaluation and issuing certificates of technical
and trading specializations to the goods quality control organizations. The
goods quality control organizations must register their operation in accordance
with the Law on Enterprises, the Law on Foreign Investment in Vietnam, after
acquiring a certificate on the technical and trading specializations.
In a
number of specific cases, legal quality control organizations may be nominated
by the Ministry of Science, Technology and Environment to temporarily undertake
the tasks of goods quality control.
4. The
General Customs Department (Customs offices at the border gates) shall clear
customs procedures for imports and exports subject to quality control only when
the goods have been certified by a quality control agency that their quality
meets the standards.
In
case the quality of goods is below the standards, the quality control agency
must notify the competent State management agency under the Ministry of
Science, Technology and Environment and the Ministry managing specialized
branches for settlement.
Article 8.- State
Inspection of the quality of goods shall be effected as follows:
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Specialized
inspection agencies of various Ministries shall collaborate with one another
depending on their assigned functions, organize the inspection of the
observance of State Ordinances and regulations regarding the quality of goods,
handle or transfer to competent agencies for handling violations of laws
regarding the quality of goods, settle complaints and denunciations in
accordance with the Ordinance on Citizens' Complaints and Denunciations, the
Ordinance on Handling of Violations of Administrative Regulations.
Chapter
III
IMPLEMENTATION PROVISIONS
Article
9.- The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the People's Committees of the provinces and
cities directly under the Government shall have to implement this Decree.
Article 10.- The
Minister of Science, Technology and Environment shall have to provide detailed
guidance, organize the implementation and periodically report to the Government
on the implementation of the Decree.
Article 11.- This
Decree takes effect from the date of its signing.
All
the earlier provisions which are contrary to this Decree are now annulled.
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