Consolidated Document No. 07/VBHN-BKHCN detailing the implementation of certain provisions of the Law on Product and Goods Quality.

MINISTRY OF SCIENCE AND TECHNOLOGY TECHNOLOGY	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 07/VBHN-BKHCN	Hanoi, February 27, 2015

 

DECREE

DETAIL REGULATIONS IMPLEMENTING CERTAIN PROVISIONS OF THE LAW ON QUALITY OF PRODUCTS AND GOODS

Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Quality of Products and Goods took effect from February 1, 2009, amended by:

Decree No. 67/2009/ND-CP dated August 3, 2009 of the Government amending some articles of Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government detailing certain provisions of the Law on Standards and Technical Regulations and Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Quality of Products and Goods, took effect from September 22, 2009.

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Quality of Products and Goods dated November 21, 2007;

Considering the proposal of the Minister of Science and Technology[1],

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the implementation of certain provisions of the Law on Quality of Products and Goods regarding product quality management; organization of product quality inspection; national quality award; State management responsibility for product quality.

Article 2. Applicability

This Decree applies to organizations and individuals producing, trading in products and goods, and organizations and individuals involved in activities related to product quality in Vietnam.

Article 3. Determination and Issuance of the List of Products and Goods with Potential to Cause Safety Hazards

1. The determination of products and goods included in the List of Products and Goods with Potential to Cause Safety Hazards (Group 2 products and goods) shall be based on:

a) The potential for safety hazards that may occur with the products and goods;

b) Requirements and capacity for State management during each period.

2. The potential for safety hazards that may occur with the products and goods shall be determined based on one or more of the following factors:

a) Chemical, physical, biological nature;

b) Structural principle of operation;

c) Transportation, storage, preservation, and usage process.

3. Based on the provisions of Clause 1 and Clause 2 of this Article, the competent sectoral ministry shall issue the List of Group 2 products and goods within its assigned management scope according to the provisions of Clause 2 of Article 32 of this Decree after consulting the Ministry of Science and Technology.

Chapter II

PRODUCT AND GOOD QUALITY MANAGEMENT

Section 1. QUALITY MANAGEMENT OF PRODUCTS IN PRODUCTION

Article 4. Conditions Ensuring Product Quality in Production Before Market Release

1. Producers must comply with the requirements for product quality management as stipulated in Article 28 of the Law on Quality of Products and Goods before releasing the product into circulation on the market, and shall be responsible for:

a) Ensuring the safety of the product for people, animals, plants, property, and the environment;

b) Self-determining and expressing information to warn about the potential safety hazards of the product.

2. For Group 2 products, producers must declare conformity according to corresponding technical regulations; The declaration of conformity shall be carried out in accordance with the laws on standards and technical regulations.

For Group 2 products with special requirements for the production process, the competent sectoral ministry shall issue national technical regulations for the production process or specify specific requirements for the production process in the national technical regulation for such products. Producers shall be responsible for applying the relevant national technical regulations concerning the conditions of the production process and obtaining conformity certification by designated certification organizations.

3. In cases where Group 2 products have new characteristics potentially causing safety hazards under reasonable transportation, storage, preservation, and usage conditions, which are not yet specified in the corresponding national technical regulations, or where the product is being introduced to Vietnam for the first time and has potential safety hazards, the producer shall be responsible for proving that the product is safe for people, animals, plants, property, and the environment according to the regulations of the competent sectoral ministry. Such products can only be released into circulation on the market after approval by the competent sectoral ministry.

Article 5. State inspection of product quality during production

1. The state inspection of product quality during production (hereinafter referred to as product quality inspection during production) shall be conducted by the product and goods quality inspection agency.

2. The basis for the product and goods quality inspection agency to conduct product quality inspection during production: products in production:

a) Goods for export that do not comply with the conditions stipulated in Article 32 of the Product and Goods Quality Law, affecting national interests and reputation;

b) Goods circulating on the market that do not meet the announced standards and corresponding technical regulations. Such non-compliance is systematic and recurring.

3. Content of inspection:

a) Inspection of the implementation of requirements specified in corresponding technical regulations related to production process conditions and state management measures regarding product quality during production;

b) Inspection of the implementation and results of conformity assessment, labeling, marking with conformity marks, compliance marks, and accompanying documents of the products to be inspected;

c) Testing samples to check the conformity of products with announced standards and corresponding technical regulations.

The inspection according to the contents prescribed in this point shall be carried out when signs of non-compliance with quality are detected after implementing the contents prescribed in points a and b of this clause, and shall be conducted through testing performed by designated conformity assessment organizations.

4. During the inspection process as prescribed in Clause 3 of this Article, the inspection agency may use experts and conformity assessment organizations to carry out assessments and tests according to announced standards and corresponding technical regulations. Experts and conformity assessment organizations must be independent, impartial, and bear legal responsibility for their assessment and test results.

Article 6. Handling violations during the inspection of product quality during production

1. In cases where producers fail to implement the requirements stipulated in Article 28 of the Product and Goods Quality Law, the inspection team shall handle the matter in accordance with Article 30 of the Product and Goods Quality Law, while informing the producer about the non-compliant content and specifying the time frame for rectification. The producer is responsible for rectifying the non-compliant content according to the inspection team's requirements and may only release the product to the market once the non-compliant content has been rectified. Before releasing the rectified product to the market, the producer must notify the inspection agency in writing.

2. In cases where public announcement on mass media is required under point c of Clause 1 and Clause 2 of Article 30 of the Product and Goods Quality Law, depending on the nature, severity of the violation, extent, and scale of impact, the product and goods quality inspection agency shall decide to make announcements on local or central radio, television, or other mass media.

3. When administrative violations are discovered and need to be handled, the inspection agency shall transfer the case file and recommend the competent authority to proceed with administrative violation handling procedures as prescribed by laws on administrative violation handling. The competent authority responsible for handling administrative violations shall inform the inspection agency of the handling and results for monitoring purposes.

Mục 2. MANAGEMENT OF QUALITY OF IMPORTED GOODS

Article 7. Conditions to Ensure Quality of Imported Goods Before Being Put on the Market

1. The importer must comply with the requirements for quality management of goods as stipulated in Article 34 of the Law on Product and Goods Quality before putting the goods into circulation on the market, and shall be responsible for:

a) Ensuring that the goods are safe for people, animals, plants, property, and the environment;

b) Self-determining and displaying information to warn about the risks of safety hazards posed by the goods.

2. For goods in Group 2, the importer must declare conformity and obtain a conformity certificate in accordance with the relevant technical regulations.

Conformity certification is carried out in accordance with the laws on standards and technical regulations. Declaration of conformity is based on one of the following grounds:

a) Self-assessment results of the producer or importer;

b) Assessment by an organization for conformity assessment;

c) A conformity certificate issued in accordance with the relevant technical regulation;

d) Inspection results at the export or import customs checkpoint conducted by an organization for certification and inspection designated or recognized in accordance with Article 26 of the Law on Product and Goods Quality.

3. For goods in Group 2 with technical regulations related to production process conditions for such products or goods, the importer must provide additional certificates related to production process conditions issued by a designated certification organization or a certification organization recognized.

4. In cases where goods in Group 2 have new characteristics that may pose safety risks during transportation, storage, preservation, reasonable and proper use, and these characteristics are not specified in the relevant technical regulations, or goods appearing for the first time in Vietnam that may pose safety risks, the importer must prove that the goods are safe for people, animals, plants, property, and the environment according to the regulations of the competent ministry or agency. Such goods can only be put into circulation in the market after being permitted by the competent ministry or agency.

5. Goods produced by enterprises in export processing zones for the domestic market shall be managed for quality as if they were imported goods.

Article 8. State Inspection of Quality of Imported Goods and Handling of Violations

1. State inspection of quality of imported goods (hereinafter referred to as quality inspection of imported goods) shall be conducted by the product and goods quality inspection authority against goods in Group 2 or other goods when there are signs or risks of safety hazards.

2. Quality inspection of imported goods shall be carried out in accordance with the contents prescribed in Clause 2 of Article 27; the procedures and formalities for inspection as prescribed in Article 35 and handling of violations during the inspection process as prescribed in Article 36 of the Law on Product and Goods Quality.

If the quality of the goods meets the prescribed requirements, the inspection authority shall issue a notification for the customs authority and the importer to complete clearance procedures. If the quality of the goods does not meet the prescribed requirements, depending on the nature and degree of violation, the inspection authority shall recommend the competent state authority to apply one or more of the following measures:

a) Require the importer to re-export the goods;

b) Require the importer to recycle or destroy the goods in accordance with the regulations. Products after recycling must comply with the regulations on imported goods management;

c) The product and goods quality inspection authority shall consider strengthening inspections at the border or recommending the competent state authority to issue a decision to temporarily suspend or stop importing this type of non-compliant goods.

3. Costs and fees for serving the inspection of quality of imported goods shall be implemented in accordance with Article 37 of the Law on Product and Goods Quality.

Section 3. MANAGEMENT OF QUALITY OF EXPORT GOODS

Article 9. Conditions for Ensuring Quality of Export Goods Before Export

The exporter shall implement the management requirements stipulated in Article 32 of the Law on Product and Goods Quality before exporting goods.

Article 10. State Inspection of Quality of Export Goods and Handling of Violations

1. Goods meeting the requirements prescribed in Article 32 of the Law on Product and Goods Quality are permitted to be exported without inspection by the quality control agency.

2. In cases where export goods do not ensure quality, affecting national interests and reputation, the product and goods quality control agency shall conduct quality inspections during production as prescribed in Article 5 of this Decree and handle according to the provisions of Article 6 of this Decree.

3. When export goods are put into circulation domestically, they must comply with the management requirements stipulated in Section 1 Chapter II of this Decree.

Section 4. MANAGEMENT OF QUALITY OF GOODS IN CIRCULATION ON THE MARKET

Article 11. Conditions for Ensuring Quality for Goods Circulating on the Market

Goods meeting the requirements prescribed in Articles 4 and 7 of this Decree are permitted to circulate on the market.

Article 12. Quality Inspection of Goods Circulating on the Market

1. The product and goods quality control agency shall develop methods for collecting information, analyzing non-compliant content and substandard goods, and the quality situation of goods on the market to build annual inspection plans and budgets, and identify goods that need to be inspected.

2. Based on the plan and the quality situation of goods on the market, the product and goods quality control agency shall conduct quality inspections of goods circulating on the market according to the following contents:

a) Inspect the results of conformity assessment, labeling of goods, display of conformity marks and technical regulations compliance marks, and accompanying documents of the goods to be inspected; information and warnings about the potential danger of goods;

b) After inspecting the requirements stipulated in point a of this clause or finding signs of non-compliance with quality, sample testing shall be conducted to check the conformity of goods with published standards and corresponding technical regulations by designated conformity assessment organizations. Conformity assessment organizations must be independent, impartial, and responsible under the law for their assessment results.

Article 13. Handling of Violations During Quality Inspection of Goods Circulating on the Market

1. The product and goods quality control agency shall conduct quality inspections of goods circulating on the market according to the procedures and formalities stipulated in Article 39 of the Law on Product and Goods Quality and handle violations according to the provisions of Article 40 of the Law on Product and Goods Quality. Quality inspectors and inspection teams must notify non-conformities and the time to rectify non-conformities to the seller. All non-conformities must be rectified before continuing sales, and the seller must notify the quality control agency in writing.

2. In cases where public notification through mass media is required according to point c of Clause 1, point c of Clause 2 of Article 40 of the Law on Product and Goods Quality, the product and goods quality control agency shall decide to make public announcements on local or central radio or television stations or other mass media, depending on the nature, degree of violation, extent, and scale of impact.

3. When administrative violations are discovered and need to be handled, the inspection agency shall transfer the case file and recommend the competent authority to proceed with administrative violation handling procedures as prescribed by laws on administrative violation handling. The competent authority responsible for handling administrative violations shall inform the inspection agency of the handling and results for monitoring purposes.

Section 5. MANAGEMENT OF PRODUCT QUALITY DURING USE

Article 14. Conditions for Ensuring Product Quality During Use

1. Users and owners of products shall be responsible for complying with the conditions stipulated in Article 42 of the Law on Product Quality to ensure product quality during use.

2. Products listed in the Catalogue of Products Required to Undergo Inspection During Use may only be put into use after obtaining an inspection certification.

3. Users and owners of products must bear the costs of inspection and inspection fees. The level of inspection costs shall be agreed upon with the inspection organization.

The Ministry of Finance shall specify the levels, collection, and management of inspection fees for products required to undergo inspection during use.

Article 15. Management of Product Quality During Use

Ministries and agencies responsible for managing specific sectors and fields within their assigned scope under Clause 2 of Article 32 of this Decree shall be responsible for establishing the Catalogue and procedures for managing products that require inspection, initial testing, and periodic inspection during use.

Article 16. Supervision of Product Quality During Use and Handling Violations

1. For products that need to be managed during use, the product and commodity quality inspection agency shall establish methods for collecting information to warn of potential non-compliance risks, identify non-compliant products, and monitor the quality situation of products that need to be managed during use to develop inspection plans and budget estimates for specific products to be inspected.

2. Based on the inspection plan and the quality situation of products that need to be managed during use, the product and commodity quality inspection agency shall conduct inspections of such products according to the following contents:

a) Inspect compliance with requirements specified in relevant technical regulations concerning usage conditions and state management measures regarding quality during use;

In cases where necessary, the inspection agency may utilize experts or conformity assessment organizations to perform assessments according to the requirements of relevant technical regulations. Experts and conformity assessment organizations must be independent, impartial, and accountable under the law for their assessment results.

b) Inspect compliance with inspection requirements, inspection results, and accompanying user guidance materials for the products to be inspected;

c) If it is found that the requirements stipulated in points a and b of this clause have not been fully implemented and there are signs of non-compliance, the inspection agency shall consider having the product tested by a designated conformity assessment organization;

Conformity assessment organizations must be independent, impartial, and accountable under the law for their assessment results.

3. Upon discovering products that do not meet inspection requirements or corresponding technical regulations, the inspection team or inspection agency shall handle them as follows depending on the nature and severity of the violation:

a) Inform the owner of the product about the non-compliance issues and the time frame for rectifying these issues;

b) Require the owner of the product to temporarily cease use and take measures to notify of the temporary cessation of use. All non-compliance issues must be rectified, re-inspected, and re-certified before the product can be put back into use;

c) Recommend the competent authority to conduct inspections, impose administrative penalties, confiscate, destroy, or permanently prohibit use.

Section 6. ASSESSMENT OF COMPLIANCE

Article 17. Organization of compliance assessment and registration of compliance assessment activities

1. An organization conducting compliance assessments may provide services on the territory of Vietnam after meeting the conditions stipulated in Clause 5, Article 25 of the Law on Product and Goods Quality and shall enjoy the rights prescribed in Article 19 of the Law on Product and Goods Quality.

2. The registration of compliance assessment activity fields shall be carried out as follows:

a) Registration for conformity assessment activities in standard certification and testing at the Ministry of Science and Technology;

b) Registration for conformity assessment activities in regulation certification at ministries, ministerial-level agencies, provincial People's Committees directly under the central government that issue technical regulations;

c) Registration for conformity assessment activities in inspection at the Ministry of Industry and Trade in accordance with laws on commerce;

d) Registration for conformity assessment activities in verification at ministries, ministerial-level agencies corresponding to the scope of product and goods quality management assigned to them.

3. Ministries, ministerial-level agencies, provincial People's Committees directly under the central government receiving the registration of compliance assessment activity fields of organizations as prescribed in Clause 2 of this Article shall have the responsibility to periodically report every six months the list of registered compliance assessment organizations to the Ministry of Science and Technology.

4. The Ministry of Science and Technology shall have the responsibility to compile and publicly announce the list of compliance assessment organizations that have registered their activity fields as prescribed in Clause 2 of this Article.

5. The Ministry of Science and Technology shall specify requirements, procedures, and formalities for registering activity fields of compliance assessment organizations.

Article 18. Designation of compliance assessment organizations and recognition of compliance assessment results

1. Compliance assessment organizations that have registered their activity fields as prescribed in Article 17 of this Decree may be selected and designated to participate in activities serving state management over product and goods quality.

2. Sectoral ministries, local authorities at provincial level directly under the central government shall designate compliance assessment organizations to carry out testing, inspection, certification, and verification activities serving state management over product and goods quality within their assigned sectors, fields, and regions.

The compliance assessment results of designated organizations will be considered and recognized by competent state agencies during inspections and audits of product and goods quality.

3. Sectoral ministries, local authorities at provincial level directly under the central government shall have the responsibility to publicly announce the list of designated compliance assessment organizations and those with recognized compliance assessment results as prescribed in Clause 2, Article 26 of the Law on Product and Goods Quality for relevant agencies, organizations, and individuals to choose from.

4. The Ministry of Science and Technology shall specify requirements, procedures, and formalities for designating compliance assessment organizations.

Article 19. Costs of compliance assessment

1. Producers and traders must pay the costs of compliance assessment according to agreements with compliance assessment organizations.

2. The Ministry of Finance shall take the lead and coordinate with sectoral ministries to review and abolish all types of fees related to compliance assessment activities. The implementation shall be completed before December 1, 2009.

Chapter III

ORGANIZATIONS FOR QUALITY CONTROL OF PRODUCTS AND GOODS

Article 20. Product and Goods Quality Inspection Agencies

1. Central product and goods quality inspection agencies are general departments, bureaus performing state management functions regarding product and goods quality or other agencies under the Ministry assigned to carry out product and goods quality inspection tasks.

2. Local product and goods quality inspection agencies are specialized agencies under provincial People's Committees directly under the Central Government performing state management functions regarding local product and goods quality, conducting product and goods quality inspections within their jurisdiction according to regulations of the relevant sectoral ministries.

3. Based on specific requirements, sectoral ministries, provincial People's Committees directly under the Central Government shall define the functions, tasks, powers, organizational structure of the quality control inspector force of units implementing product and goods quality inspections as stipulated in Clause 1 and Clause 2 of this Article, and coordinate with the Ministry of Home Affairs on staffing.

Article 21. Allocation of Responsibilities for Product and Goods Quality Inspections by Sectoral Ministries' Inspection Agencies

1. Product and goods quality inspection agencies under sectoral ministries shall conduct quality inspections of products and goods within their allocated sectors according to the Decree defining their functions, tasks, powers, and organizational structures, specifically in production, export, import, circulation in the market, and during use as follows:

a) For products in production as provided for in Clause 2, Article 32 of this Decree;

b) For goods in export, import, circulation in the market, and during use as provided for in Clause 2, Article 70 of the Law on Product and Goods Quality and goods listed in Article 15 of this Decree.

2. The product and goods quality inspection agency under the Ministry of Science and Technology shall conduct quality inspections of products and goods within its allocated scope, specifically as follows:

a) For products in production as provided for in point p, Clause 2, Article 32 of this Decree;

b) For goods in export, import, circulation in the market, and during use as provided for in Clause 4, Article 69 of the Law on Product and Goods Quality.

The product and goods quality inspection agencies specified in Clause 1 and Clause 2 of this Article have powers as prescribed in Article 46 and tasks as prescribed in Article 47 of the Law on Product and Goods Quality, and perform the following specific tasks:

a) Take the lead and coordinate with other agencies to organize inspection activities within their allocated sectors;

b) Proactively coordinate with market management agencies to handle violations during the inspection of goods circulating in the market;

c) Provide professional guidance and direction for local product and goods quality inspection agencies to directly conduct inspections;

d) Summarize and compile the situation of product and goods quality within their management scope to report to the competent ministry and the Ministry of Science and Technology.

The Ministry of Science and Technology shall take the lead and coordinate with sectoral ministries to establish Regulations on inspecting the quality of goods circulating in the market, draft and submit to the Prime Minister for promulgation Regulations on coordination between the agencies specified in Clause 1 and Clause 2 of this Article and local product and goods quality inspection agencies in inspecting the quality of products and goods within their allocated scope with inspection agencies, customs, police, and market management agencies.

Article 22. Quality Control Inspectors

1. Quality control inspectors are a specialized civil service rank for product and commodity quality inspection.

2. The title, rank code, and professional standards for specialized civil service ranks in quality control shall be issued by the Ministry of Home Affairs.

3. Ministries managing industries and sectors, provincial People's Committees under the Central Government decide on the appointment and reclassification of quality control inspector civil servants according to their delegated authority and management areas for civil servants performing product and commodity quality inspections at quality inspection agencies.

The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Science and Technology to guide the appointment and reclassification of quality control inspector civil servants.

4. Quality control inspectors shall be provided with specific uniforms, insignia, and quality control inspector identification cards as prescribed by the Ministry of Science and Technology.

Article 23. Sources of Funding for Product and Commodity Quality Inspection Activities

1. The sources of funding for product and commodity quality inspection include:

a) Annual state budget of ministries managing industries and sectors, provincial People's Committees under the Central Government;

b) Other sources.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology to specify the content of expenditures, allocation, management, and utilization of funds for state quality inspection activities of products and commodities.

Chapter IV

NATIONAL QUALITY AWARD

Article 24. Purpose and Conditions for Awarding Prizes

1. The National Quality Award is a form of national honor and recognition presented annually by the Prime Minister to organizations and enterprises that have outstanding achievements in improving product and commodity quality based on the criteria of the National Quality Award and have been legally operating in Vietnam for at least three years.

2. The National Quality Award is awarded annually.

Article 25. Forms of Awards

The National Quality Award includes:

1. National Quality Gold Award;

2. National Quality Silver Award.

Organizations and enterprises receiving awards will receive cups along with certificates.

Article 26. Principles of Awarding Prizes

1. There shall be no discrimination among different types and sizes of organizations and enterprises, and there shall be no limit on the number of organizations and enterprises participating.

2. The awarding process must ensure transparency, objectivity, and fairness based on expert evaluation scores according to the criteria set forth in Article 27 of this Decree.

Article 27. Criteria for Awarding Prizes

The National Quality Award is evaluated based on the following criteria:

1. Leadership role of the organization or enterprise;

2. Strategic operations of the organization or enterprise;

3. Customer and market-oriented policies;

4. Measurement, analysis, and knowledge management;

5. Human resource management and development;

6. Management of organizational and enterprise operations;

7. Operational results of the organization or enterprise.

Article 28. Procedures for Awarding Prizes

1. The National Quality Award is awarded through a Preliminary Selection Council and a National Council.

a) The National Council shall be established by the Minister of Science and Technology comprising eleven to seventeen members representing relevant ministries, agencies, and organizations. The Council consists of a Chairperson, a Vice-Chairperson, and other members. Members of the Council are experts in the field of quality and thoroughly understand the requirements of the National Quality Award;

b) The Preliminary Selection Council shall be established by the permanent office of the National Quality Award based on the proposal of the Director of the Department of Science and Technology;

The Preliminary Selection Council shall consist of seven to eleven members representing departments, bureaus, and related organizations. The Council consists of a Chairperson, a Vice-Chairperson, and other members. Members of the Council are experts in the field of quality and thoroughly understand the requirements of the National Quality Award.

c) The permanent office of the National Quality Award is the General Bureau of Standards, Metrology, and Quality.

2. The Minister of Science and Technology shall submit to the Prime Minister a list of organizations and enterprises proposed for award consideration for the Prime Minister's review and decision.

3. The Ministry of Science and Technology shall stipulate the number of gold and silver awards, cup designs, and certificate formats for the National Quality Award; provide detailed guidance on the procedures and processes for awarding prizes, detailed criteria and scoring scales for awarding prizes, and organize the presentation of the National Quality Award.

Article 29. Operating Expenses

The operating expenses of the National Quality Award include:

1. State budget funds;

2. Sponsorship from domestic and foreign organizations and individuals;

3. Contributions from participating organizations and enterprises.

Article 30. Benefits for Organizations and Enterprises Winning the Award

1. Organizations and enterprises winning the National Quality Award are permitted to announce, publicize, and advertise through mass media or other forms of introduction about their own units, and may use the symbol of the National Quality Award on their products and publications.

2. Organizations and enterprises winning the Gold National Quality Award shall be nominated by the Standing Office of the National Quality Award to participate in regional and international quality awards.

Chapter V

STATE MANAGEMENT RESPONSIBILITIES FOR PRODUCT AND COMMODITY QUALITY

Article 31. Responsibilities of the Ministry of Science and Technology for State Management of Product and Commodity Quality

1. Implementing state management responsibilities for product and commodity quality as stipulated in Article 69 of the Law on Product and Commodity Quality.

2. Within the scope of its duties and powers in managing specific sectors and fields, the Ministry of Science and Technology shall have the responsibility to:

a) Manage state affairs regarding the quality of products in production for goods and commodities under the sectoral division according to laws on standards and technical regulations;

b) Manage state affairs regarding the quality of exported, imported, and circulating goods and commodities, and those used during which there is a possibility of causing safety risks, as specified in Clause 4 of Article 69 of the Law on Product and Commodity Quality;

c) Periodically every six months and annually, and at any time deemed necessary, compile and report to the Prime Minister on the situation and results of product and commodity quality inspections nationwide.

Article 32. Responsibilities of Ministries Managing State Affairs Regarding Product and Commodity Quality

1. Implementing state management responsibilities for product and commodity quality as stipulated in Clause 1 of Article 70 of the Law on Product and Commodity Quality.

2. Ministries managing specific sectors and fields shall have the responsibility to manage state affairs regarding the quality of products in production, specifically as follows:

a) Ministry of Health:

- Traditional medicine; community health; food safety, functional foods, nutrient-enriched foods, dietary supplements, food additives, drinking water, potable water, natural mineral water, cigarettes; chemicals, insecticides, disinfectants used in household and medical settings;

- Medical examinations, treatments, care, rehabilitation, aesthetic surgery;

- Medicines, cosmetics;

- Medical equipment and facilities.

b) Ministry of Agriculture and Rural Development:

- Plant and animal seeds, agricultural and forest products, aquatic products, salt; livestock, poultry, animals;

- Agricultural, forestry, and aquaculture supplies; fertilizers; feed ingredients and raw materials for animal feed production;

- Products and services related to cultivation, harvesting, processing, storage, transportation of agricultural, forest, and aquatic products, salt;

- Chemicals and pesticides used in agriculture, forestry, and aquaculture;

- Water conservancy works, dyke systems;

- Fishing gear and equipment requiring strict safety requirements in the fishing industry.

c) Ministry of Transport:

- Various types of transportation vehicles, loading and unloading equipment, specialized construction equipment in transportation (excluding equipment serving defense and security purposes and fishing vessels) and specialized technical equipment in transportation;

- Infrastructure structures in road, railway, inland waterway, maritime, and air transport;

- Occupational safety for machines and equipment with strict safety requirements in the following groups: transportation vehicles required to undergo inspection according to laws in the transport sector; loading and unloading equipment, specialized construction equipment in transportation; equipment for exploration, exploitation at sea;

d) Ministry of Construction:

d) Ministry of Construction

- Civil construction projects, residential buildings, and office buildings;

- Architecture, urban planning including: regional urban planning, urban planning, rural community planning, industrial zone planning, economic zone planning, high-tech zone planning, border gate planning for important international borders;

- Urban infrastructure, industrial zone infrastructure, economic zone infrastructure, high-tech zone infrastructure;

- Services in the construction sector.

đ) Ministry of Industry and Trade:

- Chemicals, industrial explosives;

- Machinery and equipment with strict safety requirements in labor protection within the scope of state management of the Ministry;

- Consumer goods, food industry products, and other processing industries as prescribed by law;

- Services in the industrial and commercial sectors;

- E-commerce.

e) Ministry of Labor, Invalids and Social Affairs:

- Machinery, equipment, and materials with strict safety requirements in labor protection; personal protective equipment for workers;

- Special products related to labor safety as prescribed by law;

- Public recreational facilities;

- Services in the labor, invalids, and social affairs sectors.

g) Ministry of Information and Communications:

- Press products; publishing; postal and delivery services;

- Telecommunication equipment and telecommunication works;

- Postal, telecommunications, electronic, and information technology networks, works, products, and services;

- Radio frequencies and radio transmitting and receiving equipment;

- Services in the postal and telecommunications sectors.

h) Ministry of Natural Resources and Environment:

- Natural resources, minerals;

- Meteorology and hydrology;

- Surveying and mapping;

- Services in the natural resources and environment sector.

i) Ministry of Education and Training:

- Textbooks, teaching materials, teacher guides;

- Educational and training teaching equipment, material bases, toys for children in the education and training sector under the scope of state management of the Ministry as prescribed by law;

- Services in the education and training sector.

k) Ministry of Finance: products related to national reserves, lottery operations, securities activities; insurance, accounting, auditing, financial consulting, tax, valuation, customs services.

l) Ministry of Culture, Sports and Tourism:

- Cultural, literary, artistic publications;

- Sports facilities; training and competition equipment of sports facilities and sports disciplines.

m) State Bank of Vietnam: currency, banking activities, specialized equipment for banks.

n) Ministry of Defense: military means and equipment, ammunition, defense-related products, defense works not classified as state secrets.

o) Ministry of Public Security: fire prevention and control, technical equipment, weapons, military hardware, explosives, support tools, and other products used for the people's public security force that do not fall under national secrets.

p) Ministry of Science and Technology: nuclear radiation safety equipment; radioactive sources; measuring instruments and other products and goods, except those mentioned in points a, b, c, d, đ, e, g, h, i, k, l, m, n, o of this clause and products and goods within the defense, security, and national secret sectors.

3. The ministry managing the industry or sector shall implement state management over the quality of export and import goods circulating on the market and potentially causing safety risks during use, according to the provisions set forth in Clause 4, Article 69, and Clause 2, Article 70 of the Product Quality Law and the list specified in Article 15 of this Decree.

4. The ministry managing the industry or sector shall notify the Ministry of Science and Technology about the agency responsible for assisting the Minister in performing state management functions regarding product and commodity quality as stipulated in Clauses 2 and 3 of this Article. Quarterly, biannually, annually, and at any time, they shall compile reports and submit them to the Ministry of Science and Technology on the situation and results of quality inspections for products and commodities under their management responsibility to be compiled and reported to the Prime Minister.

5. In cases where there is overlap or duplication in the assigned sectors between ministries managing industries or sectors, or when new sectors appear as provided for in Clauses 2 and 3 of this Article, the Ministry of Science and Technology shall compile and report to the Prime Minister for consideration and decision.

Article 33. Responsibilities of People's Committees at all levels

1. Within their scope of duties and powers, the People's Committee of provinces and centrally governed cities shall have the following responsibilities:

a) Issuing measures to encourage and create conditions for enterprises in the locality to improve product and commodity quality and enhance competitiveness. Directing local functional agencies to build and implement programs to improve productivity, quality, and competitiveness of local products and commodities;

b) Organizing the implementation of government regulations and ministerial directives on product and commodity quality management according to the delegated authority;

c) Organizing and directing the activities of the local product and commodity quality inspection agency;

d) Monitoring, statistics, and compiling the situation of product and commodity quality in the locality. Regularly quarterly, biannually, annually, and at any time, compiling reports and submitting them to the Ministry of Science and Technology on the situation and results of quality inspections for products and commodities in the province or city to be compiled and reported to the Prime Minister;

đ) Promoting, disseminating, and organizing guidance on laws related to product and commodity quality, providing information on product and commodity quality to organizations, individuals engaged in production and business, and consumers;

e) Inspecting compliance with laws on product and commodity quality; resolving complaints and denunciations, and handling violations of laws on product and commodity quality according to the law;

g) Designating local conformity assessment organizations according to the law.

2. The Department of Science and Technology shall take the lead and coordinate with relevant departments and agencies to assist the People's Committee of provinces and centrally governed cities in performing state management functions regarding product and commodity quality in the locality; serving as the focal point for compiling and reporting the quality situation in the locality to the People's Committee of the province or centrally governed city and the Ministry of Science and Technology.

The Standardization, Measurement, and Quality Control Sub-department under the Department of Science and Technology is the direct agency assisting the Department of Science and Technology in performing quality management functions and conducting product and commodity quality inspections in the locality.

3. Within their scope of duties and powers, the People's Committee of districts shall have the following responsibilities:

a) Promoting, disseminating, and organizing guidance on the implementation of laws on product and commodity quality according to the law;

b) Participating in activities to inspect the quality of goods circulating in the market; handling violations of laws on the quality of goods within their authority;

c) Monitoring, statistics, and compiling the situation of goods quality circulating in the market in the locality;

d) Resolving complaints and denunciations about the quality of goods circulating in the market according to the law.

4. Within their scope of duties and powers, the People's Committee of communes shall have the following responsibilities:

a) Organizing promotion and dissemination of laws on product and commodity quality;

b) Organizing technical guidance, inspecting compliance with regulations of competent authorities, and handling violations of product and commodity quality in small-scale production and business activities on the territory according to delegated authority;

c) Cooperating with competent authorities in inspecting and auditing product and commodity quality in the locality according to the law.

Article 34. Responsibilities of local product quality inspection agencies

1. Develop inspection plans for product and commodity quality according to the sectors and areas under their management.

2. Proactively organize and implement inspections and handle issues related to product and commodity quality in accordance with regulations set by the Ministry managing the sector, field, and provincial People's Committees directly under the Central Government.

3. Regularly, quarterly, biannually, annually, and on an ad hoc basis, compile and report inspection results to the Ministry managing the sector, field, provincial People's Committees directly under the Central Government, and the Department of Science and Technology.

Chapter VI

IMPLEMENTING PROVISIONS

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Article 35. Transitional Provisions

1. National standards, industry standards, technical regulations, procedures, norms, and mandatory technical documents must be converted into national technical standards in accordance with the laws on standards and technical regulations and continue to be used for managing product and commodity quality until these documents are converted into national technical standards.

2. Civil servants in agencies responsible for state management of quality under the Ministry managing the sector, field, and provincial People's Committees directly under the Central Government shall continue to perform product and commodity quality inspections until they are appointed and transferred to the quality control officer rank in accordance with Clause 2 and Clause 3 of Article 22 of this Decree.

Article 36. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette. The Government Decree No. 179/2004/NĐ-CP dated October 21, 2004, concerning state management of product and commodity quality and previous provisions contrary to this Decree are repealed.

Article 37. Guidance on Implementation

The Minister of Science and Technology is responsible for guiding the implementation of this Decree.

Article 38. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.

 

Place of Receipt: - Minister (for reporting) - Office of the Government (for publication in the Official Gazette); - Electronic portal of the Ministry of Science and Technology (for posting); - To be filed with: VT, TĐC, PC.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Tran Viet Thanh