Circular No. 01/2010/TT-BKHCN stipulates the activities of consulting, assessment, and certification of quality management systems (QMS) according to the national standard TCVN ISO 9001:2008 for administrative state agencies.

CIRCULAR

Regulations on consulting, evaluating, and certifying quality management systems according to the national standard TCVN ISO 9001:2008 for administrative state agencies

 quality management system according to the national standard TCVN ISO 9001:2008

for administrative state agencies

___________________

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decision No. 144/2006/QĐ-TTg dated June 20, 2006 of the Prime Minister on applying the quality management system according to the standard TCVN ISO 9001:2000 in the operations of administrative state agencies and Decision No. 118/2009/QĐ-TTg dated September 30, 2009 of the Prime Minister on amending and supplementing certain articles of Decision No. 144/2006/QĐ-TTg;

The Minister of Science and Technology stipulates regulations on consulting, evaluating, and certifying quality management systems according to the national standard TCVN ISO 9001:2008 for administrative state agencies as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on consulting, evaluating quality management systems according to the national standard TCVN ISO 9001:2008 (hereinafter referred to as QMS); procedures and formalities for issuing (issuing new, reissuing, expanding, narrowing, adjusting), suspending, and revoking the validity of Certificates of Quality Management System conformity with the national standard TCVN ISO 9001:2008 (hereinafter referred to as Certificate) for administrative state agencies, tasks of administrative state agencies and state management agencies.

Article 2. Applicability

This Circular applies to:

1. Consulting organizations, consulting experts shall carry out consulting activities to build QMS for administrative state agencies.

2. Certification organizations, evaluation experts shall carry out evaluation activities of QMS for administrative state agencies.

3. Administrative state agencies shall implement building and applying QMS.

a) Based on the annual state budget expenditure estimate for dredging and maintaining maritime channels assigned by the competent authority, the Ministry of Transport prepares detailed budget allocation plans for dredging and maintaining each maritime channel, to be submitted to the Ministry of Finance for examination in accordance with regulations.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. "Issuing new" means the competent authority examines and issues a Decision accompanied by a Certificate for the first time with a validity period of three years from the date of issuance to administrative state agencies.

2. "Reissuing" means the competent authority examines and issues a Decision accompanied by a Certificate to replace the previous one with a validity period of three years from the date of issuance when the Decision and Certificate have expired.

3. "Expanding" means the competent authority examines and issues a Decision accompanied by a Certificate to expand the scope of application of QMS (including both the certified scope and the expanded scope) for administrative state agencies within the validity period of the previously issued Decision and Certificate.

4. "Narrowing" means the competent authority examines and issues a Decision accompanied by a Certificate to narrow the scope of application of QMS for administrative state agencies within the validity period of the previously issued Decision and Certificate when:

a) There is an area of operation that does not maintain the application of QMS;

b) There is an area of operation that is no longer carried out due to changes in organizational structure, functions, and tasks of the agency.

5. "Adjusting" means the competent authority examines and issues a Decision accompanied by a Certificate to adjust for administrative state agencies within the validity period of the previously issued Decision and Certificate when:

a) There is a change in the name of the agency;

b) Both expanding and narrowing the scope of application of QMS;

c) Other cases related to changes in the content of the previously issued Decision and Certificate.

Chapter II

CONSULTING AND EVALUATING QUALITY MANAGEMENT SYSTEMS

QUALITY MANAGEMENT SYSTEM

Article 4. Conditions for Consulting/Evaluation Experts to Operate

Consulting/evaluation experts conducting consulting/evaluation activities on administrative quality management systems for state administrative agencies must meet the following conditions:

1. Have graduated from university.

2. Hold a training certificate in public administration management equivalent to or higher than the rank of specialist or a program prescribed by the Ministry of Science and Technology.

Consulting and evaluation experts who have graduated from the regular program in the field of administration at the National Academy of Politics and Public Administration in Ho Chi Minh City are exempted from this condition.

3. Hold a training certificate in building a quality management system according to ISO 9001 for consulting experts;

4. Hold a training certificate in evaluating quality management systems (Auditor or Lead Auditor certificate) for evaluation experts;

5. Have at least three years of work experience and consulting experience in building quality management systems (having participated in consulting for at least five units in building quality management systems and certified) for consulting experts;

6. Have at least five years of work experience and evaluation experience in quality management systems (having conducted evaluations of quality management systems as the head of the evaluation team for at least ten units) for evaluation experts;

7. Possess good moral character and full capacity for civil acts.

Consulting/evaluation experts meeting the above conditions will be issued a consulting/expert evaluation card. Except for independent consulting experts, consulting/evaluation experts can only be considered and issued a card when they are officially part of the staff (civil servants or employees with indefinite-term contracts) of one corresponding consulting organization/certification organization.

Article 5. Conditions for Consulting Organizations to Operate

Consulting organizations conducting consulting activities on building quality management systems for state administrative agencies must meet the following conditions:

1. Be a business entity, scientific and technological institution, or other organization operating in the field of consulting for quality management system construction, established in accordance with the provisions of the law.

2. Have experience in the field of consulting for building quality management systems (having consulted for at least ten units in building quality management systems and certified).

3. Hold a valid quality management system certificate in compliance with the TCVN ISO 9001 standard issued by a certification body registered for its field of operation under Circular No. 08/2009/TT-BKHCN dated April 8, 2009, of the Minister of Science and Technology (hereinafter referred to as Circular No. 08/2009/TT-BKHCN).

4. Always have at least three consulting experts officially part of the staff (civil servants or employees with indefinite-term contracts) meeting the conditions stipulated in Article 4 of this Circular.

Article 6. Conditions for Independent Consulting Experts to Operate

1. An independent consulting expert is a consulting expert not belonging to any consulting organization or certification organization that can conduct consulting activities on building quality management systems for state administrative agencies when meeting the conditions stipulated in Article 4 of this Circular.

2. Civil servants meeting the conditions stipulated in Article 4 of the Circular

who wish to register as independent consulting experts must obtain written approval from their agency's leadership; in cases where they are agency leaders, they must obtain written approval from the superior managing agency.

in writing by the leadership of the workplace agency; in the case of being the leadership of the agency, it must be agreed to in writing by the higher managing agency.

Article 7. Conditions for certification organizations

Certification organizations conducting management system quality assessment for administrative state agencies must meet the following conditions:

1. Be a business or public service unit operating technical services or a branch of a foreign certification organization in Vietnam operating in the field of quality management system certification, established in accordance with the provisions of the law.

2. Have experience in the field of quality management system certification assessment (having conducted quality management system certification assessments for at least twenty units).

3. Have registered their field of operation in accordance with Circular No. 08/2009/TT-BKHCN.

4. Possess a certificate recognizing sufficient capacity to assess and certify quality management systems in Vietnam in compliance with national standard TCVN ISO/IEC 17021:2008 or international standard ISO/IEC 17021:2006 issued by a legitimate accreditation organization in Vietnam or an accreditation organization that is a member of the International Accreditation Forum (IAF) or the Pacific Accreditation Cooperation (PAC).

5. Always have at least three full-time assessors (civil servants or indefinite-term contract employees) meeting the conditions stipulated in Article 4 of this Circular.

Article 8. Procedures and formalities for issuing Certificates of Confirmation and Cards for Qualified Consultants/Assessors of Quality Management Systems for Administrative State Agencies

1. Organizations wishing to participate in consulting/assessment activities of quality management systems for administrative state agencies shall prepare one registration dossier to be submitted to the National Standardization, Metrology and Quality Control Agency. The registration dossier includes:

a) A registration form for participating in consulting/assessment activities of quality management systems (in accordance with the model prescribed in Appendix I of this Circular);

b) A copy of the Decision on Establishment or a copy of the Business Registration Certificate/Operation Registration Certificate;

c) A copy of the quality management system certificate as prescribed in Clause 3, Article 5 of this Circular (for consulting organizations);

d) A copy of the registration certificate for the field of operation and a copy of the recognition certificate as prescribed in Clauses 3 and 4, Article 7 of this Circular (for certification organizations);

đ) A list of consultants/assessors (in accordance with the model prescribed in Appendix II of this Circular) and the following certificates and related documents for each assessor:

- A copy of the Recruitment Decision/Employment Contract;

- Copies of degrees and certificates as prescribed in Clauses 1, 2, 3, and 4, Article 4 of this Circular;

- A summary of personal history, work experience, and consulting/assessment experience of quality management systems (in accordance with the model prescribed in Appendix III of this Circular);

- Two color photographs (size 2x3 cm);

e) A report on the organization's consulting/assessment activities of quality management systems (in accordance with the model prescribed in Appendix IV of this Circular).

During the review process, if necessary, copies of documents and certificates will be examined and compared with the originals or additional notarized copies will be requested.

2. Individuals wishing to participate in independent consulting activities of quality management systems for administrative state agencies shall prepare one registration dossier to be submitted to the National Standardization, Metrology and Quality Control Agency. The registration dossier includes:

a) A registration form for participating in consulting activities of quality management systems (in accordance with the model prescribed in Appendix I of this Circular);

b) A summary of personal history, work experience, and consulting experience of quality management systems (in accordance with the model prescribed in Appendix III of this Circular) accompanied by copies of degrees and certificates as prescribed in Clauses 1, 2, and 3, Article 4 of this Circular and two color photographs (size 2x3 cm).

c) A document as prescribed in Clause 2, Article 6 of this Circular (if applicable).

3. Within fifteen working days from the date of receipt of a complete and valid dossier, the National Standardization, Metrology and Quality Control Agency will review the dossier, conduct on-site inspections if necessary, issue Certificates of Qualification for Consulting Organizations, Independent Consultants, and Certification Organizations (in accordance with the model prescribed in Appendix V of this Circular) and issue cards for consultants/assessors (in accordance with the model prescribed in Appendix VI of this Circular) if the organization or individual meets the requirements. The Certificate of Confirmation and Consultant Card are valid for three years from the date of issuance.

2. Individuals wishing to participate in independent consulting activities of quality management systems for administrative state agencies shall prepare one registration dossier to be submitted to the National Standardization, Metrology and Quality Control Agency. The registration dossier includes:

In cases where the requirements are not met, the organization or individual will be notified in writing of the reasons.

In cases where the conditions are not met, the organization or individual will be notified of the reasons in writing.

Article 9. Conditions, procedures, and formalities for reissuing the Certificate and Expert Card for administrative agencies' QLTT consulting/evaluation activities

1. Conditions for reissuing the Certificate and Expert Card.

Organizations and experts who have been issued the Certificate and Expert Card and wish to continue participating in QLTT consulting/evaluation activities must meet the following conditions:

a) Maintaining a quality management system in accordance with Clause 3, Article 5 of this Circular and having provided consulting services to at least five administrative agencies (for consulting organizations);

b) Maintaining the capability to evaluate and certify QLTT in accordance with Clause 4, Article 7 of this Circular and having conducted evaluation certification for at least ten administrative agencies (for certification organizations);

c) During the validity period of the Certificate and Expert Card, consulting experts must provide consulting services to at least three administrative agencies (for consulting experts and independent consulting experts);

d) During the validity period of the Certificate and Expert Card, evaluation experts must conduct at least ten QLTT evaluation sessions at administrative agencies (for evaluation experts).

2. Procedures and formalities for reissuing the Certificate and Expert Card.

a) One month before the expiration date of the Certificate, organizations must prepare an application dossier for reissuing the Certificate and Expert Card and submit it to the General Department of Standardization, Metrology, and Quality Control. The reissue application dossier includes:

- A request letter for reissuing the Certificate;

- A report on the organization's consulting/evaluation activities and efforts to maintain and enhance consulting/evaluation capabilities during the validity period of the Certificate;

- A copy of the quality management system certificate in accordance with Clause 3, Article 5 of this Circular (for consulting organizations);

- A copy of the recognition certificate in accordance with Clause 4, Article 7 of this Circular (for certification organizations);

- A list of consulting/evaluation experts along with relevant certificates and documents as stipulated in Point d, Clause 1, Article 8 of this Circular;

- A copy of the previously issued Expert Card (for experts who have already received a card).

2. Individuals wishing to participate in independent consulting activities of quality management systems for administrative state agencies shall prepare one registration dossier to be submitted to the National Standardization, Metrology and Quality Control Agency. The registration dossier includes:

b) One month before the expiration date of the Certificate, independent consulting experts must prepare an application dossier for reissuing the Certificate and Expert Card and submit it to the General Department of Standardization, Metrology, and Quality Control. The reissue application dossier includes:

- A request letter for reissuing the Certificate;

- A report on the expert's consulting activities and efforts to maintain and enhance consulting capabilities during the validity period of the Certificate;

- Copies of qualifications and certificates as stipulated in Clauses 1, 2, and 3, Article 4 of this Circular and two color photographs (size 2x3 cm);

- A copy of the previously issued Expert Card.

2. Individuals wishing to participate in independent consulting activities of quality management systems for administrative state agencies shall prepare one registration dossier to be submitted to the National Standardization, Metrology and Quality Control Agency. The registration dossier includes:

c) Within fifteen working days from receiving a complete and valid dossier, the General Department of Standardization, Metrology, and Quality Control will review the dossier, conduct on-site inspections if necessary, and reissue the Certificate and Expert Card if the organization or expert meets the conditions. The Certificate and Expert Card will be valid for three years from the issuance date.

In cases where the conditions are not met, the organization or expert will be notified of the reasons in writing.

d) During the validity period of the Certificate, consulting organizations and certification organizations wishing to apply for additional Expert Cards for experts must prepare an application dossier and submit it to the General Department of Standardization, Metrology, and Quality Control. The dossier includes:

- A letter requesting issuance of the Expert Card;

- A list of experts for whom the Expert Card is requested, along with relevant certificates and documents as stipulated in Point d, Clause 1, Article 8 of this Circular.

Within fifteen working days from receiving a complete and valid dossier, the General Department of Standardization, Metrology, and Quality Control will examine and issue Expert Cards to qualified experts with a validity period according to the Certificate of the corresponding consulting or certification organization.

Article 10. Rights and Obligations of Organizations and Experts who have been Issued with Confirmation Certificates and Consultant/Assessment Cards

1. Rights and Obligations of Independent Consulting Organizations and Independent Consultants:

a) Have the right to provide consulting services for the establishment of Quality Management Systems for administrative state agencies upon request;

b) Be entitled to charge consulting activity fees based on mutual agreements in accordance with general regulations of the Ministry of Finance;

c) Consulting organizations can only assign consultants who have been issued with consultant cards in accordance with Articles 8 and 9 of this Circular to provide consulting services for the establishment of Quality Management Systems for administrative state agencies;

d) Independent consultants must wear their consultant cards when providing consulting services for the establishment of Quality Management Systems at administrative state agencies;

đ) Fully implement consulting activities for the establishment of Quality Management Systems for administrative state agencies in accordance with general regulations of the General Department of Standardization, Metrology and Quality Control based on:

- The results of the Simplification of Administrative Procedures Project in various fields of state management from 2007 to 2010 issued together with Decision No. 30/QD-TTg dated January 10, 2007 of the Prime Minister (hereinafter referred to as Project 30);

- The Quality Management System Framework Model announced by the Ministry of Science and Technology for each type of local administrative agency and the Quality Management System Framework Model announced by ministries, ministerial-level agencies, and government agencies with vertical systems located in localities for each type of such vertical agencies (hereinafter referred to as the Quality Management System Framework Model);

e) The consulting process at administrative agencies must be carried out strictly according to the agreed time frame and schedule in the consulting plan approved by both parties;

After each consulting session, independent consultants must prepare a working record of the tasks performed during the consulting session, confirmed by both parties.

In case the administrative agency does not follow the consulting plan without a valid reason, the consulting organization/independent consultant must submit a written report to the leading agency under ministries, ministerial-level agencies, government agencies, or the provincial Department of Science and Technology and the General Department of Standardization, Metrology and Quality Control for coordinated handling.

g) Shall not enter into assessment certification contracts or influence the assessment certification organization of the administrative state agency they consult in any form;

h) Comply with regulations for consulting organizations that have been issued with confirmation certificates; maintain and enhance their consulting capacity during the validity period of the confirmation certificate;

i) Be subject to inspection and supervision by the leading unit under ministries, ministerial-level agencies, government agencies, or local standardization, metrology, and quality control bureaus when providing consulting services for the establishment of Quality Management Systems for administrative agencies under these ministries, ministerial-level agencies, government agencies, or localities;

k) During the validity period of the confirmation certificate, report annually on consulting activities to the General Department of Standardization, Metrology and Quality Control by November each year (in accordance with the form prescribed in Appendix VII of this Circular) and submit ad hoc reports when required.

2. Rights and Obligations of Certification Organizations and Assessment Experts:

a) Have the right to conduct assessment and certification of Quality Management Systems for administrative state agencies upon request and post-certification monitoring;

b) Be entitled to charge assessment and certification fees based on mutual agreements in accordance with general regulations of the Ministry of Finance;

c) Can only assign experts who have been issued with assessment cards in accordance with Articles 8 and 9 of this Circular to assess Quality Management Systems for administrative state agencies; ensure independence and objectivity throughout the assessment process and take responsibility for the assessment results at administrative state agencies;

d) Assessment experts must wear their cards when conducting assessments of Quality Management Systems at administrative state agencies;

đ) Fully implement assessment activities for Quality Management Systems for administrative state agencies in accordance with the General Department of Standardization, Metrology and Quality Control's regulations based on:

- The results of Project 30;

- The Quality Management System Framework Model;

e) Conduct assessments at administrative agencies strictly according to the agreed time frame and schedule in the assessment plan approved by both parties.

In case the administrative agency does not follow the plan without a valid reason, the certification organization must submit a written report to the leading agency under ministries, ministerial-level agencies, government agencies, or the provincial Department of Science and Technology and the General Department of Standardization, Metrology and Quality Control for coordinated handling.

g) After completing the assessment, prepare an assessment result report (in accordance with the form prescribed in Appendix VIII of this Circular) for the administrative state agency to complete the application for a Certificate of Conformity.

The certification organization sends a letter requesting issuance of a Certificate of Conformity to the administrative state agency, specifying the areas of activity that have been assessed as compliant with standards and attaching the aforementioned assessment result report to the General Department of Standardization, Metrology and Quality Control.

h) Recommend the General Department of Standardization, Metrology and Quality Control to issue (issue new, reissue, adjust, expand, or narrow the scope of application), suspend, or revoke the effectiveness of the Certificate of Conformity of the administrative state agency after assessment and certification, post-certification monitoring, or discovering that the administrative state agency does not comply with the provisions of this Circular;

i) Certification organizations and assessment experts shall not enter into consulting contracts or provide consulting services for the establishment of Quality Management Systems for administrative state agencies;

k) Annually, certification organizations must conduct post-certification monitoring of Quality Management Systems that have been issued with Certificates of Conformity, with intervals between two assessments not exceeding 12 months;

l) During the validity period of the confirmation certificate, report annually on assessment activities to the General Department of Standardization, Metrology and Quality Control by November each year (in accordance with the form prescribed in Appendix VII of this Circular) and submit ad hoc reports when required;

m) Be subject to inspection and supervision by the leading unit under the Ministries, agencies at the level of Ministries, government agencies, or local Standard Metrology Quality Control Bureau when conducting quality management system assessment activities for administrative state agencies under the Ministries, agencies at the level of Ministries, government agencies, or that locality.

Article 11. Revocation of Effectiveness of Confirmation Certificate, Expert Consultant/Assessment Card

1. In cases where there is verified evidence that the organization or expert does not meet the requirements or violates the provisions of this Circular and related regulations, the General Department of Standard Metrology Quality Control will consider and issue a notice revoking the effectiveness of the issued Confirmation Certificate and Expert Card.

Organizations and experts whose Confirmation Certificate and Expert Card have been revoked may reapply for a new Confirmation Certificate and Expert Consultant/Assessment Card only after one year from the date of the revocation notice.

2. In cases where the expert is no longer active within the registered organization or has ceased consulting/assessment activities, the consultancy/certification organization shall be responsible for retrieving the Expert Consultant/Assessment Card and notifying the General Department of Standard Metrology Quality Control in writing to revoke the effectiveness of the issued Expert Card.

Chapter III

PROCEDURES FOR ISSUANCE, SUSPENSION, AND REVOCATION OF EFFECTIVENESS

OF THE CERTIFICATE

Article 12. Procedures for Issuing New Certificate

1. Within one month after being certified and confirmed by the certification organization that the quality management system meets the national standard TCVN ISO 9001:2008, the administrative state agency shall prepare and submit an application for issuance of the Certificate to the General Department of Standard Metrology Quality Control. Beyond this period, the certification organization's evaluation results will no longer be valid.

2. The application package includes:

a) A letter requesting issuance of the Certificate (specifying the name of the agency, address, telephone, fax, field of activity applying for the Certificate);

b) A summary report on the process of establishing and implementing the quality management system (in accordance with the model specified in Appendix IX of this Circular);

c) A report on the certification organization's evaluation results (as stipulated in point g) Clause 2 Article 10 of this Circular).

3. Within fifteen working days from the date of receiving a complete and valid application, the General Department of Standard Metrology Quality Control will review the application and issue a Decision accompanied by the Certificate (in accordance with the model specified in Appendix X of this Circular) if the administrative state agency meets the prescribed requirements. The Certificate is effective for three years from the date of issuance.

If the requirements are not met, the General Department of Standard Metrology Quality Control will notify the administrative state agency and the relevant certification organization in writing.

Article 13. Procedures for Reissuing, Adjusting, Expanding, and Narrowing the Scope of the Certificate

1. Reissuing the Certificate:

a) One month before the Certificate expires, the administrative state agency shall conduct a re-certification assessment, prepare and submit an application to the General Department of Standard Metrology Quality Control for reissuance of the Certificate. The application includes:

- A letter requesting reissuance of the Certificate;

- A copy of the Decision and the previously issued Certificate;

- An internal assessment of the degree of compliance, effectiveness, and efficiency of the quality management system during the validity period of the Certificate;

- A report on the certification organization's re-evaluation results (as stipulated in point g) Clause 2 Article 10 of this Circular).

b) Within fifteen working days from the date of receiving a complete and valid application, the General Department of Standard Metrology Quality Control will review the application and the certification organization's evaluation report and recommendation, and reissue a Decision accompanied by a new Certificate valid for three years from the date of issuance if the administrative state agency meets the prescribed requirements.

If the requirements are not met, the General Department of Standard Metrology Quality Control will notify the administrative state agency and the relevant certification organization in writing.

2. Adjusting, Expanding, and Narrowing the Scope of the Certificate:

a) During the validity period of the Certificate, when there is a change, expansion, or narrowing of the scope of application of the quality management system, within one month from the date of being evaluated and confirmed by the certification organization regarding the expansion, narrowing, or adjustment of the scope of application of the quality management system, the administrative state agency shall prepare and submit an application to the General Department of Standard Metrology Quality Control for adjustment, expansion, or narrowing of the Certificate's scope. The application includes:

- A letter requesting adjustment, expansion, or narrowing of the Certificate's scope;

- A report on the certification organization's evaluation results (as stipulated in point g) Clause 2 Article 10 of this Circular).

b) Within fifteen working days from the date of receiving a complete and valid application, the General Department of Standard Metrology Quality Control will review the application and the certification organization's evaluation report and recommendation, and issue a Decision accompanied by an adjusted, expanded, or narrowed Certificate with an effective period according to the previously issued Certificate if the administrative state agency meets the prescribed requirements.

If the requirements are not met, the General Department of Standard Metrology Quality Control will notify the administrative state agency and the relevant certification organization in writing.

Article 14. Suspension and Revocation of Effectiveness of the Certificate

1. The Certificate shall be suspended when the administrative agency violates any of the following cases:

a) Failing to conduct periodic post-certification monitoring assessment within the prescribed time frame;

b) Failing to implement corrective actions for non-conformities within the deadline specified in the periodic monitoring assessment report;

c) Failing to comply with the provisions of this Circular.

2. The Certificate shall be revoked when the administrative agency violates any of the following cases:

a) The periodic monitoring assessment report and recommendations of the certification organization conclude that the Quality Management System (QMS) of the agency is not maintained, improved, and does not meet the requirements of the TCVN ISO 9001 standard;

b) Within sixty days from the date of the decision to suspend the effectiveness of the Certificate, the agency fails to implement corrective measures;

c) There is verified evidence that the QMS of the agency is not functioning effectively.

3. Depending on the levels of violation mentioned above, the General Department of Standardization, Metrology and Quality will examine specifically and issue a decision to suspend or revoke the effectiveness of the Certificate and notify the management agency of the violating administrative agency to coordinate in handling.

Chapter IV

TASKS OF THE ADMINISTRATIVE AGENCY AND MANAGEMENT AGENCY

Article 15. Tasks of the Administrative Agency

1. Based on the results of Project 30 or the model framework of the quality management system, implement the construction and application of the QMS for all activities related to administrative procedures for organizations and individuals, encourage the implementation of the QMS for internal activities and other activities of the agency.

2. Based on the procedures for implementing the construction and application, maintenance, and improvement of the quality management system stipulated in Appendix XI of this Circular, the administrative agency decides whether to hire or not to hire advisory guidance for building the QMS. In case of hiring advisory services, the administrative agency must select consulting organizations that have been issued a confirmation certificate and consultants who have been issued a card with appropriate capabilities for the type of activity of the agency.

3. Select certification organizations that have been issued a confirmation certificate and assessors who have been issued a card with appropriate capabilities for the type of activity of the agency.

4. Regularly check the validity of the certificates confirming the eligibility to operate of consulting organizations, certification organizations, and consultants/assessors on the electronic information website of the General Department of Standardization, Metrology and Quality (address: www.tcvn.gov.vn) throughout the advisory and assessment process at the agency.

5. Implement the advisory plan and assessment plan according to the approved content and schedule. In case the consulting organization, independent consultant, or certification organization does not implement the plan without a valid reason or does not comply with the provisions of this Circular, report in writing to the main agency under the Ministries, agencies equivalent to Ministries, government agencies, or local Science and Technology Departments and the General Department of Standardization, Metrology and Quality for coordination in handling.

6. Have the responsibility to maintain, improve, and perfect the QMS during the application process and cooperate with the certification organization in conducting periodic monitoring assessments as prescribed.

7. When the Certificate is suspended, within the prescribed period, the administrative agency must take corrective measures and be confirmed by the certification organization to have completed the corrections, and report in writing to the General Department of Standardization, Metrology and Quality for review and restoration of the Certificate's effectiveness.

In case the Certificate is revoked, within six months from the date of the revocation decision, the administrative agency must take corrective measures, undergo certification evaluation, and apply for issuance of a new Certificate according to Article 12 of this Circular.

Article 16. Tasks of the management agency

1. Tasks of the leading agency under Ministries, ministerial-level agencies, agencies under the Government, Department of Science and Technology, local Standardization, Metrology and Quality Control Agency:

Implement according to the provisions of Decision 118/2009/QD-TTg dated September 30, 2009 of the Prime Minister on amending and supplementing some articles of Decision No. 144/2006/QD-TTg dated June 20, 2006 of the Prime Minister on applying the quality management system according to the TCVN ISO 9001:2000 standard to the activities of administrative state agencies.

2. Tasks of the National Standardization, Metrology and Quality Control Agency

The National Standardization, Metrology and Quality Control Agency is the lead agency implementing this Circular and is responsible for:

a) Managing and guiding the registration of consulting activities, assessment of quality management systems, issuance, suspension, or revocation of the validity of certificates for administrative state agencies as stipulated in this Circular.

b) Announcing on the website of the National Standardization, Metrology and Quality Control Agency (address: www.tcvn.gov.vn) the list of organizations providing consulting services, independent consulting experts, certification organizations that have been issued or had their certificates revoked; the list of experts who have been issued or had their consultant/assessor cards revoked; the list of administrative state agencies that have been issued, suspended, or had their certificates revoked.

c) Specifying detailed contents to be implemented during the consulting, certification assessment, surveillance assessment, recertification assessment of quality management systems at administrative state agencies.

d) Providing general guidance on inspection activities; conducting inspections and audits of consulting activities, quality management system assessment activities of administrative state agencies by consulting organizations, independent consulting experts, certification organizations; construction and application of quality management systems by administrative state agencies as stipulated in this Circular.

Depending on the nature and degree of violation, organizations and individuals will be handled according to the provisions of this Circular and other current regulations related thereto.

đ) Reporting annually in December on the implementation of this Circular to the Ministry of Science and Technology.

Chapter V

IMPLEMENTATION

Article 17. Effective Date

This Circular takes effect 45 days from the date of issuance and replaces Decision No. 17/2006/QD-BKHCN dated September 12, 2006 of the Minister of Science and Technology on issuing "Regulations on Consulting, Assessment, and Certification Activities of Quality Management Systems According to the TCVN ISO 9001:2000 Standard for Administrative State Agencies".

Article 18. Transitional Provisions

By June 30, 2010, organizations providing consulting services, independent consulting experts, certification organizations that have been issued certificates confirming eligibility to operate according to Decision No. 17/2006/QD-BKHCN dated September 12, 2006 of the Minister of Science and Technology must complete re-registration of files according to Article 8 of this Circular to be considered for issuance of certificates and cards for consultants/assessors.

After the aforementioned deadline, certificates confirming eligibility to operate issued according to Decision No. 17/2006/QD-BKHCN will expire.

Article 19. Transition from Application of TCVN ISO 9001:2000 Standard to National Standard TCVN ISO 9001:2008

1. Administrative state agencies that have been issued certificates according to the TCVN ISO 9001:2000 standard and whose validity period has not expired do not need to implement the transition.

2. As of June 1, 2010, all administrative state agencies that have been issued certificates according to the TCVN ISO 9001:2000 standard can only apply for extension, reduction, or adjustment of the scope of their certificates according to the national standard TCVN ISO 9001:2008.

Article 20. Implementation

1. The National Standardization, Metrology and Quality Control Agency is responsible for organizing the implementation of this Circular.

2. Organizations and individuals related to this matter are responsible for implementing the contents of this Circular.

3. In case issues arise or difficulties occur during implementation, organizations and individuals need to promptly reflect them in writing to the Ministry of Science and Technology or via email at the address: [email protected] for research and resolution./.