홈 › Circular › 03/2010/TT-BLĐTBXH

Circular No. 03/2010/TT-BLDTBXH promulgates the List of products and goods in Group 2 and guides the procedures and formalities for quality inspection of products and goods during production.

Circular No. 03/2010/TT-BLDTBXH stipulates the List of products and goods in Group 2 and guides the procedures and formalities for quality inspection during production, applicable to organizations and individuals producing and trading these products. This Circular aims to ensure workplace safety and product quality.

문서 번호03/2010/TT-BLĐTBXH
문서 유형Circular
발행 기관Ministry of Home Affairs
서명자Bùi Hồng Lĩnh — Thứ trưởng
업데이트27. 06. 2026
산업Labour, War Invalids and Social Affairs
분야Uncategorized
발행일19. 01. 2010
발효일01. 03. 2010
효력 만료일20. 02. 2019
상태Expired
✦ 스마트 요약

Circular No. 03/2010/TT-BLDTBXH stipulates the List of products and goods in Group 2 and guides the procedures and formalities for quality inspection during production, applicable to organizations and individuals producing and trading these products. This Circular aims to ensure workplace safety and product quality.

적용 범위

Organizations and individuals producing and trading products and goods listed in the List of products and goods in Group 2; State management agencies for product and good quality and other related agencies and organizations.

핵심 사항

  • Organizations and individuals producing and trading products and goods listed in the List of products and goods in Group 2 must obtain conformity certification or standardization declaration before bringing them to market.
  • State inspection methods for product and good quality include annual planned inspections and spot checks based on specific grounds.
  • Test samples for inspection are randomly taken from the production unit or purchased randomly from the market for testing at designated conformity assessment organizations.
  • In cases where products and goods do not meet requirements for conformity certification or declaration, the inspection team shall record this in a report and require the unit to suspend production.
  • If the test results do not comply with the declared standards or corresponding conformity assessment criteria, the inspection agency shall notify the results and request corrective action.

🌐 이 문서의 사회적 영향

  • Positive impact: Ensuring workplace safety and product quality, reducing the risk of workplace accidents.
  • Negative impact: Increasing costs for businesses in the process of obtaining conformity certification and standardization declaration and quality inspection.

❓ 자주 묻는 질문

Which organizations and individuals must comply with this Circular?

Organizations and individuals producing and trading products and goods listed in the List of products and goods in Group 2 as specified in Appendix I of this Circular.

What certification is required before bringing products to market?

Products and goods listed in the List of products and goods in Group 2 must be certified for conformity or standardized declaration according to the provisions of this Circular.

When are spot checks conducted?

Spot checks are conducted based on specific grounds such as information about non-compliant product and good quality in circulation or requests from labor inspection agencies.

How are non-compliant products handled?

The inspection team records this in a report and requires the unit to suspend production. Within seven working days, the inspection agency will handle the matter according to the law.

How many state inspection agencies are there for product and good quality?

At the central level, it is the Labor Safety Inspection Department; at the local level, it is the Departments of Labor, Invalids, and Social Affairs.

전문

CIRCULAR

Issuing the List of Products and Goods Group 2 and guiding the procedures,
formalities, and contents for quality inspection of products and goods during production.
____________________
 
Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;
Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing some provisions of the Law on Product Quality and Goods Quality;
The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the procedures for designating certification organizations and announcing conformity declarations for products and goods under the management responsibility of the Ministry of Labor, Invalids and Social Affairs.
After receiving opinions from the Ministry of Science and Technology and the Ministry of Labor, Invalids and Social Affairs, issuing the List of Products and Goods Group 2 and guiding the procedures, formalities, and contents for state quality inspections of products and goods under the management responsibility of the Ministry of Labor, Invalids and Social Affairs, as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. Issuing the List of Products and Goods Group 2 under the management responsibility of the Ministry of Labor, Invalids and Social Affairs as stipulated at point e, Clause 2, Article 32 of Decree No. 132/2008/NĐ-CP, including: machines and equipment with strict requirements for labor safety, public amusement facilities, and personal protective equipment that may cause danger during use. Hereinafter referred to as the List of Products and Goods Group 2 (Annex I attached to this Circular).
2. Guidelines on the contents, procedures, and formalities for state quality inspections of products and goods listed in the List of Products and Goods Group 2 during production.
3. Regulations on the responsibilities of related parties in conducting state quality inspections of products and goods listed in the List of Products and Goods Group 2 during production.
Article 2. Applicability
1. Organizations and individuals producing and trading in products and goods listed in the List of Products and Goods Group 2 as specified in Annex I of this Circular.
2. State management agencies for product and goods quality and other relevant agencies and organizations.
3. Accredited conformity assessment organizations designated to inspect, test, and examine the quality of products and goods listed in the List of Products and Goods Group 2 (hereinafter referred to as accredited conformity assessment organizations).
PART II
BASIS, METHODS, AND PROCEDURES FOR STATE QUALITY INSPECTION
Article 3. Basis for Inspection
1. The basis for inspecting the quality of products and goods Group 2 during production is the corresponding conformity assessment standards, announced standards of application, and legal regulations related to quality assurance, safety, hygiene, human health, and environmental protection requirements applicable to each type of product and good (Annex XII).
2. When products and goods do not have corresponding conformity assessment standards, the inspection basis shall be national standards and technical regulations for conformity assessment substitutes as prescribed in Annex XII of this Circular.
Article 4. Conditions to ensure the quality of products and goods Group 2 before entering the market
1. Products and goods listed in the List of Products and Goods Group 2 must be certified as conforming to the corresponding conformity assessment standards.
2. For products and goods listed in the List of Products and Goods Group 2 without corresponding national conformity assessment standards, they must be certified as conforming to the corresponding national standards as prescribed in Annex XII issued together with this Circular.
3. For products and goods listed in the List of Products and Goods Group 2 without corresponding national standards, before entering the market and being put into use, they must have a certificate of testing and examination results meeting the requirements of a corresponding international, foreign standard, or the manufacturer's standard and approved by the inspection agency.
4. Types of machines, equipment, materials with strict requirements for labor safety, and public amusement facilities listed in the List of Products and Goods Group 2 must be inspected and evaluated for safety conformity upon leaving the factory and meet the requirements before being put into use.
Article 5. Methods for State Quality Inspection of Group 2 Products and Goods
The methods for State Quality Inspection of Group 2 Products and Goods during production and business operations are as follows:
1. Inspection according to the annual plan approved by the competent state authority.
1.1. Basis for building the annual plan.
a) Information on products and goods exported that do not meet quality requirements stipulated in Article 32 of the Law on Product and Goods Quality.
b) Information on products and goods that do not meet quality requirements during circulation in the market and during use.
1.2. Content of the inspection plan must reflect the following main contents:
a) Objects of inspection.
b) Inspection area.
c) Inspection time (by month).
d) Budget for organizing and implementing inspections.
e) Implementation organization.
2. Random quality inspections of products and goods.
Basis for random quality inspections of products and goods during production and business operations are as follows:
a) At the request of labor inspection agencies and quality management agencies.
b) Complaints and reports about product and goods quality.
c) Information from mass media about products and goods that do not meet quality requirements.
d) Domestic, foreign, regional, and international warnings about goods quality.
Article 6. Inspection Methods
1. For products and goods which are machines and equipment with strict safety requirements for labor, public recreational facilities, the inspection method includes: inspecting the quality management system in production and designating conformity assessment organizations to conduct testing and evaluation of safety for products and goods suspected of having quality and safety issues.
2. For personal protective equipment products and goods: inspecting the quality management system in production and taking samples of goods for quality testing for products and goods suspected of having quality and safety issues.
Article 7. Samples for Testing to Serve Quality Inspections of Products and Goods
1. Goods samples are randomly taken from production units or purchased randomly from the market for testing at designated conformity assessment organizations to monitor the quality situation of products and goods in production.
2. The procedures and formalities for taking sample tests are specified as follows:
a) Based on standards for testing methods or conformity assessment criteria for goods, the inspection team takes product and goods samples using random sampling methods, ensuring sufficient quantity for testing all required indicators.
b) Product and goods samples after collection must be sealed with signatures of the sampler and representatives of the sampled entity.
c) A record of taking product and goods samples is established according to the model prescribed in Appendix IV issued together with this Circular.
In case the representative of the sampled entity does not sign the record, the record signed by the sampler and the head of the inspection team still has legal validity.
d) Product and goods samples must be sent to the designated conformity assessment organization for testing and evaluation.
The testing and evaluation results of the designated conformity assessment organization serve as the basis for the inspection agency to handle further during the inspection process.
3. Costs for taking product and goods samples and testing are regulated in Article 41 of the Law on Product and Goods Quality.
PART III
CONTENTS, PROCEDURES, AND HANDLING OF INSPECTION RESULTS
Article 8. Contents of State Inspection on Product Quality in Production
1. Inspect compliance with requirements stipulated in relevant technical regulations concerning production conditions and quality management measures during product manufacturing;
2. Inspect the display of declared standards; the display and results of conformity assessment, conformity marks, and compliance marks;
3. Inspect testing and inspection results;
4. Inspect warning information content regarding the potential danger of products and goods;
5. Inspect product and good conformity with accompanying documentation;
6. Conduct testing and inspection of samples taken according to Clause 2, Article 7, Part II of this Circular at designated conformity assessment organizations.
Article 9. Procedures and Formalities for Inspection
The inspection team conducts inspections according to the following procedures and formalities:
1. Announce the inspection decision before conducting the inspection according to the model prescribed in Appendix II issued together with this Circular;
2. Conduct inspection according to the contents stipulated in Article 8 of this Part;
3. Draft an inspection record according to the model prescribed in Appendix III issued together with this Circular. The completed record must be signed by representatives of the inspected entity and the inspection team. In case the representative of the inspected entity does not sign the record, the record still has legal validity if signed by the head of the inspection team and other members of the team.
In cases where it is necessary to take samples, the inspection team shall take samples according to Article 7, Part II of this Circular;
4. Report the inspection results and recommendations to the inspection authority about announcing the test results of non-compliant goods within five days from the date of receiving the sample test results according to the model prescribed in Appendix V issued together with this Circular;
5. Handle inspection results according to the provisions of Articles 10 and 11 of this Part.
Article 10. Measures for Handling Cases Where Products and Goods Do Not Meet Requirements for Compliance Certification, Declaration of Compliance, and Application of Relevant Conformity Assessment Standards Related to Production Processes
1. When inspecting state quality control of products and goods in production, if the inspection team discovers that products and goods do not meet requirements for compliance certification, declaration of compliance, and application of relevant conformity assessment standards related to production processes, they shall handle the situation according to the provisions of Article 13 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product and Good Quality, specifically as follows:
a) The inspection team drafts a record, requests the unit to temporarily halt production of the products and goods. Within no more than 24 hours, report to the product and good quality inspection authority so that the authority can issue a temporary production halt notice according to the model prescribed in Appendix X issued together with this Circular and handle the situation according to their authority;
b) Once the production unit has rectified the issues and reported in writing to the inspection authority, the authority will issue a notice allowing the entity to resume production according to the model prescribed in Appendix IX issued together with this Circular.
c) If the products and goods pose a risk to user safety or the producer continues to violate and does not comply with the inspection authority's requirements, within seven working days from the date of the producer's violation conclusion, the inspection authority will proceed to handle the situation according to the law.
2. If the inspection team includes an Inspector, the Inspector may handle administrative violations according to the law.
Article 11. Measures for handling cases where goods have test results that do not comply with published standards or corresponding conformity assessment standards.
The inspection agency shall handle according to the provisions of Clauses 2 and 3 of Article 40 of the Product Quality Law, specifically as follows:
1. The inspection team must report to the inspection agency on the test results of the samples so that the inspection agency can notify the non-compliant quality test results to the production facility, seller, and user in accordance with the model form specified in Appendix V issued together with this Circular;
2. Require producers and traders to provide relevant information regarding similar products or goods such as the quantity of remaining goods, those already dispatched from the factory, and contact sellers and users to address issues, rectify, repair, and fulfill obligations as prescribed by law;
3. Announce a temporary halt on production, circulation, and use of the type of product or goods violating quality standards, seal off remaining goods at the inspected facility in accordance with the model forms specified in Appendices VII and VIII issued together with this Circular;
4. In case of disagreement with the sample testing results of the conformity assessment body designated by the inspection agency, within two working days from receiving notification of non-compliant quality test results, the producer may request designation of another qualified conformity assessment body to evaluate the quality of remaining goods. This conformity assessment result will serve as the basis for the inspection agency's final decision and handling. The cost of the conformity assessment shall be borne by the producer.
If the conformity assessment result of the designated conformity assessment body violates regulations and causes damage to organizations or individuals producing or trading in products or goods, the conformity assessment body must compensate according to the law;
5. In case there is sufficient evidence that products or goods do not comply with published standards or corresponding conformity assessment standards, or if the producer does not implement requirements in the announcement to temporarily halt production, the inspection agency shall recommend the specialized inspection agency to handle according to the law;
6. The inspection agency will only announce permission for a facility to continue production once it has corrected issues to meet requirements and reported in writing to the Inspection Agency;
7. After discovering that products or goods during production do not comply with published standards or corresponding conformity assessment standards, the inspection team is responsible for notifying the inspection agency for product quality in circulation and use to consider conducting market inspections and inspections at usage sites in accordance with the provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain articles of the Product Quality Law;
PART IV
IMPLEMENTATION
Article 12. State Inspection Agencies for Product Quality
1. The central state inspection agency for product quality group 2 is the Directorate of Occupational Safety and Health;
2. The local state inspection agency for product quality group 2 is the Department of Labor, Invalids and Social Affairs.
Article 13. Responsibilities of inspection agencies in developing inspection plans
1. Based on the provisions of this Circular, state inspection agencies for product quality shall be responsible for developing annual product quality inspection plans to submit for approval by higher-level management agencies;
2. Each year, inspection agencies must complete the development of the next year's product quality inspection plan during production according to the guidelines of the Ministry of Science and Technology;
3. Inspection plans for product quality of local inspection agencies, once approved, must be reported to the Ministry of Labor, Invalids and Social Affairs (Labor Safety Inspectorate);
4. The Labor Safety Inspectorate is responsible for compiling inspection plans for product quality and reporting them to the Ministry of Science and Technology (Standardization, Measurement and Quality Control General Department) as prescribed.
Article 14. Reporting on inspection status and results
1. Inspection agencies are responsible for compiling periodic reports on the status and results of inspections every six months (before July 15), annually (before January 20 of the following year), or ad hoc as required or upon ad hoc inspections. The report content follows the model specified in Appendix VI issued together with this Circular.
2. The Labor Safety Inspectorate compiles the situation and results of product quality inspections during production and business operations and reports them to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Science and Technology (Standardization, Measurement and Quality Control General Department).
PART V
IMPLEMENTING PROVISIONS
Article 15. Effective Date
This Circular takes effect from March 1, 2010.
Article 16. Responsibility for Implementation
1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees under the Central Government, and related organizations and individuals are responsible for implementing this Circular.
2. The Labor Safety Inspectorate is responsible for urging, guiding, and inspecting the implementation of this Circular.
3. In the course of implementation, if there are difficulties, it is requested that organizations, entities, and individuals reflect these issues to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.
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