Circular No. 10/2011/TT-BKHCN amends and supplements certain provisions of Circular No. 08/2009/TT-BKHCN dated April 8, 2009, issued by the Minister of Science and Technology guiding requirements, procedures, and registration formalities for the field of conformity assessment activities.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 08/2009/TT-BKHCN dated April 8, 2009, issued by the Minister of Science and Technology guiding requirements, procedures, and formalities for registering fields of conformity assessment activities. The Minister of Science and Technology stipulates:

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

On the basis of Resolution number 67/NQ-CP dated December 24, 2010 of the Government regarding simplifying administrative procedures within the scope of management functions of the Ministry of Science and Technology;

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 implementation of certain provisions of the Product Quality Law;

Considering the proposal of the Director General of the Standardization, Measurement, and Quality Control Department,

Amending and supplementing certain provisions of Circular No. 08/2009/TT-BKHCN dated April 8, 2009, guiding requirements, procedures, and formalities for registering fields of conformity assessment activities as follows:

Article 1. Point 1.1.3 Clause 1 Section II as follows:

1. Amending and supplementing "1.1.3. Always have at least five full-time staff members (civil servants or employees under a labor contract with a term of 12 months or more or an indefinite-term labor contract) of the organization who meet the following requirements:

a) Hold a bachelor's degree or higher and have expertise relevant to the certified field;

b) Possess evaluation capabilities that comply with the national standard TCVN ISO 19011:2003 or international standard ISO 19011:2002 - Guidelines for quality management systems and/or environmental management systems auditing;

c) Have been trained in management system certification (for organizations certifying management systems); have been trained in product certification (for organizations certifying products)."

2. Amending and supplementing the

points 1.2.1, 1.2.3, and 1.3 Clause 1 Section II as follows: "1.2.1. Organizations meeting the requirements specified in point 1.1 Clause 1 Section II shall prepare one set of registration application documents for the certification activity field and submit them to the competent authority as defined in point 1.3 Clause 1 Section III of Circular No. 08/2009/TT-BKHCN dated April 8, 2009, guiding requirements, procedures, and formalities for registering fields of conformity assessment activities (hereinafter referred to as Circular No. 08/2009/TT-BKHCN).

In case of submitting the application directly to the competent authority as defined in point 1.3 Clause 1 Section III of Circular No. 08/2009/TT-BKHCN, original copies of the documents specified in points 1.2.2.2, 1.2.2.3, and 1.2.2.4 Clause 1 Section II must be provided for verification. In case the application is sent through postal service, the certification organization must submit certified copies of the documents specified in points 1.2.2.2, 1.2.2.3, and 1.2.2.4 Clause 1 Section II.

1.2.3. Within five working days from the date of receiving complete and valid application documents as specified in point 1.2.2 Clause 1 Section II, the competent authority as defined in point 1.3 Clause 1 Section III of Circular No. 08/2009/TT-BKHCN will review the application and issue a Certificate of Registration for Certification Activity Field according to the form prescribed in Appendix III of Circular No. 08/2009/TT-BKHCN to the certification organization.

In case the application does not meet the requirements and a site visit is necessary, within fifteen working days from the date of receiving complete application documents, the General Department of Standardization, Metrology, and Quality Control will conduct an examination of the application, appoint experts or establish an inspection team to conduct a site visit at the certification organization. Costs for the inspection activities of the experts or inspection teams shall be borne by the certification organization.

Based on the registration application, the Inspection Report, and the results of corrective actions that meet the requirements, within five working days, the General Department of Standardization, Metrology, and Quality Control will issue a Certificate of Registration for Certification Activity Field according to the form prescribed in Appendix III of Circular No. 08/2009/TT-BKHCN to the certification organization.

In case of refusal to issue a Certificate, the competent authority must notify the reasons for refusal in writing to the certification organization that has submitted the application."

1.3. Certification organizations that have been issued a Certificate of Registration for Certification Activity Field when they need to change or supplement the registered activity field must submit an application for change or supplementation according to the provisions of points 1.2.2.3, 1.2.2.4, and 1.2.2.6 Clause 1 Section II. The Application for Change or Supplementation of the Activity Field is prescribed in Appendix IV of Circular No. 08/2009/TT-BKHCN.

Point 2.2.1, 2.2.3, and 2.2.4 Clause 2 Section II as follows:

3. Amending and supplementing "2.2.1. Testing organizations meeting the requirements specified in point 2.1 Clause 2 Section II shall prepare one set of registration application documents for the testing activity field and submit them to the competent authority as defined in point 1.3 Clause 1 Section III of Circular No. 08/2009/TT-BKHCN.

In case of submitting the application directly to the competent authority as defined in point 1.3 Clause 1 Section III of Circular No. 08/2009/TT-BKHCN, original copies of the documents specified in points 2.2.2.2, 2.2.2.3, and 2.2.2.4 Clause 2 Section II must be provided for verification. In case the application is sent through postal service, the testing organization must submit certified copies of the documents specified in points 2.2.2.2, 2.2.2.3, and 2.2.2.4 Clause 2 Section II.

2.2.3. Within five working days from the date of receiving complete and valid application documents as specified in point 2.2.2 Clause 2 Section II, the competent authority as defined in point 1.3 Clause 1 Section III of Circular No. 08/2009/TT-BKHCN will review the application and issue a Certificate of Registration for Testing Activity Field according to the form prescribed in Appendix III of Circular No. 08/2009/TT-BKHCN to the testing organization.

In case the application does not meet the requirements and a site visit is necessary, within fifteen working days from the date of receiving complete application documents, the General Department of Standardization, Metrology, and Quality Control will conduct an examination of the application, appoint experts or establish an inspection team to conduct a site visit at the testing organization. Costs for the inspection activities of the experts or inspection teams shall be borne by the testing organization.

Based on the registration application, the Inspection Report, and the results of corrective actions that meet the requirements, within five working days, the General Department of Standardization, Metrology, and Quality Control will issue a Certificate of Registration for Testing Activity Field according to the form prescribed in Appendix III of Circular No. 08/2009/TT-BKHCN to the testing organization.

In case of refusal to issue a certificate, the competent authority must notify the reasons for refusal in writing to the testing organization that has submitted the application."

In the event of refusing to issue a certificate, the lead agency must notify the reasons for refusal in writing to the testing organization that has submitted the registration application.

2.2.4. An organization that has been issued a Registration Certificate for the field of testing activities must submit an application for changing or supplementing the registered fields of activity according to the provisions set out in Points 2.2.2.3, 2.2.2.4, and 2.2.2.6 Clause 2 Section II. The application for changing or supplementing the field of activity is specified in Appendix IV of Circular No. 08/2009/TT-BKHCN.

4. Amending and supplementing Point 2.4 Clause 2 Section III shall be as follows:

“2.4. Annually and at any time when required, the lead agencies shall be responsible for compiling the situation and results of the activities of conformity assessment organizations that have been issued a Registration Certificate for the field of activity, report to the Ministry managing the sector or field, and notify the Ministry of Science and Technology (Standardization, Metrology and Quality Control Department) for coordination in management.”

5. Amend and supplement Point 3.2 Clause 3 Section III shall be as follows:

“3.2. Annually and at any time when required, report according to the form prescribed in Appendix V of Circular No. 08/2009/TT-BKHCN on the results of the registered conformity assessment activities; specifically, for certification organizations, report according to the form prescribed in Appendix VI of Circular No. 08/2009/TT-BKHCN on the certification activity results; simultaneously notify the Ministry of Science and Technology (Standardization, Metrology and Quality Control Department) for compilation and reporting to the Prime Minister.”

Article 2. The General Department of Standardization, Metrology and Quality Assurance is responsible for guiding and organizing the implementation of this Circular.

Article 3.

1. This Circular takes effect from August 20, 2011.

2. In cases where legal normative documents or national standards cited in Circular No. 08/2009/TT-BKHCN and this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.

3. The Director of the Standardization, Metrology and Quality Control Department, the Head of the Legal Affairs Department, and related organizations and individuals are responsible for implementing this Circular./.