Circular No. 02/2006/TT-BKHCN guiding conditions and procedures for designating organizations to perform product and goods quality inspection.

CIRCULAR

Guidelines on Conditions and Procedures for Designating Organizations to Conduct Product and Goods Quality Inspection

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Pursuant to the Ordinance on Quality of Goods dated December 24, 1999;

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

Pursuant to Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government stipulating state management over product and goods quality;

To ensure uniformity in designating organizations to conduct product and goods quality inspection, after obtaining the consensus of relevant sectoral ministries, the Ministry of Science and Technology provides guidelines on conditions and procedures for designating organizations to conduct product and goods quality inspection as follows:

I. SCOPE OF APPLICATION

1. Designating an organization to conduct product and goods quality inspection refers to the competent state agency's examination and designation of an organization with sufficient capacity to perform product and goods quality inspection (hereinafter referred to as the designated organization).

2. The designated organization includes:

a) Technical service organizations under relevant sectoral ministries.

b) Inspection service organizations established in accordance with Clause 3, Article 16 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on trading in inspection services.

3. The appointing authority is the Ministry of Science and Technology or relevant sectoral ministries according to their responsibilities for state management over product and goods quality (hereinafter referred to as the Appointing Authority).

4. The objects, contents, procedures, and methods of product and goods quality inspection are specified in other documents.

II. CONDITIONS FOR DESIGNATED ORGANIZATIONS

1. For technical service organizations under relevant sectoral ministries

Such organizations must meet the following conditions:

a) Being established and permitted to operate in the field of product and goods quality inspection by a competent state agency, having full legal personality;

b) Having sufficient technical staff with expertise in product and goods quality inspection and testing, and at least three years of work experience;

c) Having adequate and appropriate equipment necessary for inspection, testing, and evaluating the quality indicators prescribed in the inspection procedures for the corresponding types of products and goods. In cases where the necessary equipment for testing all quality indicators according to the inspection procedure is not available, external laboratories may be used for the remaining tests, and this must be evidenced by a service testing contract;

d) Having sufficient technical regulations, international standards, Vietnamese standards, and other standards, technical documents, inspection, and testing procedures corresponding to the inspected products and goods;

đ) Technical organizations with laboratories having a management system recognized as compliant with ISO/IEC 17025 are given priority consideration and designation.

2. For inspection organizations

The use and designation of inspection organizations to participate in product and goods quality inspection activities shall be carried out in accordance with Circular No. 16/2002/TT-BKHCN dated December 13, 2002 of the Ministry of Science and Technology guiding the implementation of Clause 3, Article 16 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on trading in inspection services.

III. PROCEDURES AND PROCEDURES FOR DESIGNATING QUALITY INSPECTION ORGANIZATIONS

1. For technical service organizations under relevant sectoral ministries

These organizations prepare files to be considered for designation. The files are prepared in two copies and submitted to the specialized ministry managing the product and goods sector for which designation is sought (as assigned in Article 23 of Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government) with the following contents:

a) A letter requesting designation for product and goods quality inspection (according to the model prescribed in Appendix I of this Circular);

b) List of staff conducting inspection and testing work (according to the model prescribed in Appendix II of this Circular);

c) List of measurement and testing equipment (according to the model prescribed in Appendix III of this Circular);

d) List of technical documents, technical regulations, international standards, TCVN, technical documents, inspection, and testing procedures corresponding to the designated product and goods sector (according to the model prescribed in Appendix IV of this Circular);

đ) Contracts for using external laboratory facilities and their capabilities (if applicable);

e) Decision on establishment of the organization and other related documents.

2. For inspection organizations

When there is a need to participate in performing product and goods quality inspection tasks, based on requisition by the Appointing Authority, inspection organizations proceed with the procedures as stipulated in Circular No. 16/2002/TT-BKHCN dated December 13, 2002 of the Ministry of Science and Technology guiding the implementation of Clause 3, Article 16 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on trading in inspection services.

3. Regarding the procedures, procedures, and evaluation of designation

a) After receiving the application file, the Appointing Authority organizes an assessment of the completeness and suitability of the file, evaluates the qualifications and capabilities of the applying organization to make appropriate decisions. The evaluation can be conducted directly at the organization through the activities of the Evaluation Board established by the Appointing Authority. The Evaluation Board consists of technical experts from the relevant fields and sectoral management officials.

b) For organizations meeting the conditions for designation to conduct product and goods quality inspection, the Appointing Authority issues a designation decision (according to the model prescribed in Appendix V of this Circular) and notifies the Ministry of Science and Technology for coordinated management.

c) For organizations that do not meet the conditions, the Appointing Authority issues a notification explaining the reasons so that the organization can take necessary measures to rectify and supplement.

d) The validity period of the designation decision for quality inspection organizations is three years. Two months before the decision expires, the designated organization must complete the procedures to apply for re-designation if needed.

d. For organizations inspecting the quality of imported and exported goods that have been designated by relevant ministries prior to the effectiveness of this Circular, they must undergo review, evaluation, and re-designation in accordance with the provisions of this Circular.

IV. RIGHTS AND RESPONSIBILITIES OF DESIGNATED ORGANIZATIONS

1. Rights

a) Request organizations and individuals engaged in production and business to provide documents and materials related to the quality of products and goods;

b) Conduct quality inspections of products and goods according to the contents specified in inspection procedures and technical regulations;

c) Issue certificates confirming the quality of products and goods (a batch or representative sample) that pass inspection, based on a unified form issued by the Ministry of Science and Technology;

d) Announce batches or representative samples that fail to meet quality standards and promptly report to the competent state management agency to take necessary measures;

đ) Collect and manage inspection fees in accordance with the regulations of the Ministry of Finance.

2. Responsibilities

a) Carry out quality inspections of products and goods within the designated scope and field;

b) For products and goods listed in the Catalogue for Quality Inspection, the designated organization shall conduct inspections based on inspection procedures, Vietnamese standards, and other regulations concerning safety, hygiene, and the environment issued by competent state agencies;

c) Promptly report (no later than 24 hours from the time of discovery) to the competent state management agency about products and goods that do not meet quality standards and pose direct risks to human health, animal and plant life, and the environment;

d. Bear legal responsibility for the results of quality inspections conducted by themselves;

đ) Concentrate all resources to carry out quality inspections of products and goods within the designated scope in accordance with the schedule when there is an urgent request from the competent state agency;

e) Maintain conditions for designated organizations, perform calibration and verification of measurement and testing equipment according to the regulations of the Ministry of Science and Technology;

g. Store inspection records, test records, and related books as required and present them when requested by responsible agencies.

V. REPORTING REGIME

1. Designated organizations need to report to the Designating Agency when any of the following changes occur:

a) Change in the scope of inspection outside the designated field or temporary cessation of operations;

b) Change in office location, change in inspection equipment, change or addition of staff related to the designated inspection field, change in service testing provider.

After reviewing reports on these changes, the Designating Agency will notify appropriate decisions to the designated organization and simultaneously inform the Ministry of Science and Technology (National Standardization, Metrology and Quality Control Administration) for coordinated management.

2. Submit periodic reports every six months and annually to the Designating Agency and the National Standardization, Metrology and Quality Control Administration regarding the following contents:

a) List of enterprises whose products and goods have been inspected.

b) Quantity, volume, value of products and goods inspected by batch.

c) Quality situation of inspected products and goods.

d) Complaint situations from management agencies and enterprises.

đ) Recommendations and proposals.

VI. INSPECTION AND AUDIT

1. The Designating Agency will organize regular or spot inspections and audits of the activities of designated organizations.

2. The Designating Agency will consider and revoke the designation decision when a designated organization violates any of the following provisions:

a) Conducting quality inspections of products and goods not in accordance with current regulations;

b) Conducting quality inspections of products and goods outside the designated scope and field;

c) Showing dishonest behavior during inspections and confirmation of product and good quality.

3. Staff members of designated organizations who abuse their functions, duties, and powers to obstruct production and business organizations or tamper with inspection records for personal gain will be dealt with according to the law.

VII. IMPLEMENTATION ORGANIZATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Ministry of Science and Technology assigns the National Standardization, Metrology and Quality Control Administration to guide the designation of quality inspection organizations. Periodically, the National Standardization, Metrology and Quality Control Administration reports to the Ministry of Science and Technology on the designation work and activities of designated organizations.

3. During implementation, if any difficulties arise, agencies and organizations should promptly reflect them to the Ministry of Science and Technology (National Standardization, Metrology and Quality Control Administration) for consideration and resolution./.