Circular No. 06/2009/TT-BKHCN guiding conditions and procedures for awarding quality product and goods awards to organizations and individuals

CIRCULAR

Guidelines on conditions and procedures for awarding quality product and goods awards to organizations and individuals

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Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

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,

The Ministry of Science and Technology issues guidelines on conditions and procedures for awarding quality product and goods awards to organizations and individuals as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars provide guidelines on conditions and procedures for awarding quality product and goods awards to organizations and individuals; rights and responsibilities of related organizations and individuals.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

2.1. These Circulars apply to the following organizations and individuals:

a) State agencies, political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, Associations, Chambers, units organizing trade fairs, organizations and individuals organizing activities to award quality product and goods awards (hereinafter referred to as award organizing units);

b) Organizations and individuals registering to be considered for quality product and goods awards (hereinafter referred to as registration units).

2.2. These Circulars do not apply to the National Quality Award, quality product and goods awards with the purpose of commendation within agencies, units, and enterprises.

3. Principles for awarding quality product and goods awards

3.1. Awarding quality product and goods awards is a form of recognition and reward for organizations and individuals producing and trading products that meet the following criteria:

a) Having domestically produced products that meet high quality standards, comply with relevant technical regulations, have stable production volumes; ensuring intellectual property law requirements;

b) Adhering to environmental protection regulations during production and trading;

c) Activities of organizations and individuals achieving economic efficiency, making significant contributions to society, encouraging exports;

d) Applying scientific and technological progress, innovation;

đ) Implementing advanced management systems in production and trading activities.

For traditional craft products, organizations and individuals registering for awards must meet the above criteria, with points d and đ being encouraged criteria.

3.2. Information related to the awarding of quality product and goods awards must be publicly announced.

3.3. Registration for quality product and goods awards shall be based on voluntary participation.

3.4. Awarding activities must ensure transparency, objectivity, and fairness.

3.5. Awards will not be granted in the following cases:

a) Products and goods of organizations and individuals who violate the law;

b) Products and goods that are not permitted to be produced or traded or are not encouraged for use;

c) Products and goods that are inconsistent with Vietnamese customs and traditions.

II. CONDITIONS AND PROCEDURES FOR AWARDING QUALITY PRODUCT AND GOODS AWARDS

1. Conditions for award organizing units

Award organizing units must meet the following conditions:

1.1. Legally established, having the function of organizing awarding activities, having an independent office, seal, and account.

For individuals: Must have full civil capacity, and an independent account.

1.2. Possess sufficient financial capability to ensure successful organization of awarding activities.

In cases where state budget funds are used to organize awarding activities, the award organizing unit must obtain permission from competent state authorities in writing, and the use of funds for organizing awarding activities must comply with the State Budget Law and current financial management regulations.

1.3. Have sufficient staff with professional expertise and experience in organizing awarding activities.

1.4. Awarding activities must comply with the principles set out in Clause 3 of Section I of this Circular.

1.5. Have developed a plan and determined the time for organizing awarding activities.

1.6. Have an awarding regulation suitable for the field of awarding, including the following main contents:

a) Name of the award, purpose of the award;

b) Recipient of the award;

c) Amount and form of the award;

d) Conditions and principles of the award;

đ) Criteria for the award;

e) Tasks of the awarding council;

g) Procedures and steps for awarding;

h) Content of evaluation, basis for evaluation, evaluation methods, and results of evaluating the conformity of products and goods with the award criteria;

i) Regulations on registration fees for award consideration.

The awarding regulation may be amended and supplemented when necessary.

1.7. The awarding council includes experts with qualifications and capabilities in the field of awarding.

1.8. Have registered and obtained a Certificate of Registration for awarding activities at the management agency according to Clause 3 of this Section (hereinafter referred to as the Certificate).

2. Conditions for registration units

Registration units must meet the following conditions:

2.1. Legally established, having the function of producing and trading registered products and goods, having an independent office, seal, and account.

For individuals: Must have full civil capacity, and an independent account.

2.2. Meeting the requirements stipulated in Clause 3.1 and Clause 3.5 of Section I of this Circular.

2.3. For organizations and individuals engaged in production and trading activities subject to tax under the law, they must register for tax declaration and fulfill their tax obligations to the state.

3. Procedures for registering awarding activities and issuing Certificates

3.1. At least two months before organizing the award, the award organizing unit must prepare a registration dossier and submit it to the corresponding authority:

a) The General Bureau of Standards Measurement and Quality Control shall be responsible for awards granted by state agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, social-professional organizations, Associations, and Chambers at the central level, and Science and Technology Departments of provinces and cities.

b) Science and Technology Departments of provinces and cities shall be responsible for awards granted by organizations and individuals within their respective provinces or cities, except for those organizations specified in point a of this clause.

3.2. The registration dossier shall include the following:

a) A registration certificate for the activity of awarding quality product and commodity awards (in accordance with the form prescribed in Appendix I of this Circular);

b) A copy of the Decision on establishment or a copy of the Business License/Registration Certificate for operation (for organizations);

c) Any written document or decision by the competent state management agency authorizing the organization to hold the award (if applicable);

d) A list of staff participating in the organization's activities for awarding quality product and commodity awards (name, position, qualification, experience in organizing such awarding activities, Recruitment Decision/Labor Contract);

đ) Plan and time schedule for awarding the prize;

e) Regulations on awarding the prize;

g) Proposed list of members of the awarding committee (qualification, expertise);

h) Report on financial capability to ensure successful implementation of the awarding activities, including the following: estimated budget for all awarding activities, fee for each activity, and sources of funding;

i) Sample invitation form for registration to be considered for the award.

3.3. Within fifteen working days from the date of receipt of a complete and valid dossier, the authority specified in Clause 3.1 of this Section shall examine the dossier. If the conditions stipulated are met, the organization conducting the awarding activity will be issued a Confirmation Certificate (in accordance with the form prescribed in Appendix II of this Circular). The validity of the Confirmation Certificate is as follows:

a) For annual periodic awarding activities, the Confirmation Certificate shall not exceed three years in validity;

In case the Confirmation Certificate expires, if the organization wishes to continue organizing the awarding activity, it must submit a registration dossier to the corresponding authority as prescribed in Clauses 3.1 and 3.2 of this Section to obtain a new Confirmation Certificate.

b) For non-periodic awarding activities, the Confirmation Certificate shall be valid for each individual awarding event.

In case of refusal to issue the Confirmation Certificate, the organization conducting the awarding activity will be notified in writing of the reasons.

III. RIGHTS AND RESPONSIBILITIES

1. Rights and responsibilities of the organization conducting the awarding activity

1.1. Rights:

a) To advertise information about the award, the awarding plan, and the application form for registration to be considered for the award according to the Confirmation Certificate already issued;

b) To organize the awarding activity for quality products and commodities according to the planned schedule and awarding regulations established;

c) To collect and use registration fees for being considered for the award from registering entities according to the provisions of the awarding regulations;

d) To decide to award prizes to products and commodities that have won the award after the awarding process;

e) To decide to temporarily suspend, revoke, or restore the validity of the awarding decision in cases where the awardees violate the provisions of this Circular and the awarding regulations.

1.2. Responsibilities:

a) To publicly disclose information about the sponsoring agency or unit; the issuing authority, issuance date, and number of the Confirmation Certificate; the awarding regulations, award structure, and registration fees for being considered for the award in the application form for registration to be considered for the award on the website of the organization or individual (if any), and through mass media (newspapers, radio, television...) so that organizations and individuals can write and participate;

b) To ensure that the awarding and presentation of awards are carried out in accordance with the awarding regulations;

c) To ensure objectivity and fairness during the awarding process and to be responsible for the results of the awarding process;

d) To report to the corresponding management authority specified in Clause 3.1 of Section II of this Circular when there are amendments or supplements to the awarding regulations;

đ) To consider and respond to complaints and denunciations related to the awarding activity in accordance with current national regulations;

e) After completing the awarding period, to report the results to the corresponding management authority specified in Clause 3.1 of Section II of this Circular.

2. Rights and responsibilities of the entity applying for the award

2.1. Rights:

a) To be provided with full information related to the awarding activity;

b) To receive the award when winning and enjoy the rights stipulated by the organization conducting the awarding activity;

c) To publicize, promote, and advertise, and use the logo and emblem of the award for awarded products and commodities;

d) To have the right to complain or denounce the results of the awarding process and violations of the provisions of this Circular and the awarding regulations in accordance with current national regulations.

2.2. Responsibilities:

a) To pay the registration fee for being considered for the award according to the regulations of the organization conducting the awarding activity;

b) Information, promotion, advertising, or use of the award's logo and emblem for awarded products and commodities must be consistent with the content of the award, clearly stating the year of winning the award, and must not cause confusion with other products and commodities that have not been awarded;

c) To maintain and ensure the quality of awarded products and commodities.

3. Responsibilities of the management authority

3.1. The General Bureau of Standards Measurement and Quality Control, Science and Technology Departments of provinces and cities shall be responsible for receiving registration dossiers for awarding activities and issuing Confirmation Certificates in accordance with this Circular.

3.2. The General Bureau of Standards Measurement and Quality Control, Science and Technology Departments of provinces and cities shall be responsible for inspecting and auditing awarding activities for quality products and commodities in accordance with this Circular.

Depending on the nature and degree of violation, the unit organizing the award will be subject to handling at different levels: warning, revocation of the award's validity, revocation of the Confirmation Certificate; recommending the competent state management agency to revoke the function of organizing the awarding activity and other measures for handling according to current laws.

3.3. The Standard Metrology Quality Control General Department and the Science and Technology Departments of provinces and cities shall be responsible for announcing on their Websites information about units that have been issued Confirmation Certificates or had their Confirmation Certificates revoked.

3.4. Annually, by December, the Science and Technology Departments of provinces and cities shall report the implementation status of this Circular to the Standard Metrology Quality Control General Department for consolidation and reporting to the Ministry of Science and Technology.

IV. IMPLEMENTATION

1. This Circular shall take effect six months from the date of issuance.

2. The Standard Metrology Quality Control General Department shall be responsible for organizing the implementation of this Circular.

3. Organizations and individuals related shall be responsible for implementing the contents of this Circular.

4. During the implementation process, if any issues arise or difficulties occur, organizations and individuals shall promptly reflect them in writing to the Ministry of Science and Technology for research and resolution./.