Circular No. 10/2017/TT-BXD Issuing National Technical Regulations on construction materials products and goods and guiding conformity assessment and declaration of conformity

CIRCULAR

Issuing the National Technical Regulations on products and goods construction materials and guidelines for conformity certification and declaration of conformity

Decision No. 81/2017/NĐ-CP dated July 17, 2017

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Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

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

Pursuant to the Government Decree of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Construction; Pursuant to Decision No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality and Goods;

At the proposal of the Director of the Science, Technology and Environment Department and the Director of the Building Materials Department,

The Minister of Construction issues this Circular on issuing the National Technical Regulations on products and goods construction materials, code QCVN 16:2017/BXD, and guidelines for conformity certification and declaration of conformity.

Article 1. This Circular issues the National Technical Regulations on products and goods construction materials, code QCVN 16:2017/BXD.

Article 1. Scope of Regulation

Article 2. This Circular guides activities related to conformity certification and declaration of conformity for products and goods construction materials regulated in QCVN 16:2017/BXD produced domestically, imported before circulation on the market and used in construction projects.

1. Organizations and individuals producing, importing, trading, and using products and goods construction materials.

Article 2. Applicability

2. Organizations conducting conformity certification performing evaluation and certification of conformity for products and goods construction materials.

3. State management agencies related to the quality of products and goods construction materials.

1. Conformity certification is the process of evaluating and certifying that products and goods construction materials comply with the National Technical Regulations QCVN 16:2017/BXD, carried out by organizations conducting conformity certification.

Article 3. Explanation of Terms

2. Declaration of conformity is the act of organizations and individuals declaring that their products and goods construction materials comply with the National Technical Regulations QCVN 16:2017/BXD.

3. An organization conducting conformity certification is an entity capable of assessing and certifying that products and goods construction materials comply with the National Technical Regulations QCVN 16:2017/BXD. Such organizations must have registration certificates for their operations according to Decision No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services (hereinafter referred to as Decision No. 107/2016/NĐ-CP) and be designated by the Ministry of Construction.

Article 4. Conformity Certification

1. Conformity certification for domestically produced products and goods construction materials shall be conducted according to one of two evaluation methods, method 5 and method 7, specified in Part 3 of QCVN 16:2017/BXD.

2. Conformity certification for imported products and goods construction materials shall be conducted according to one of three evaluation methods, method 1, method 5, and method 7, specified in Part 3 of QCVN 16:2017/BXD.

Article 5. Declaration of Conformity

1. Principles of Declaration of Conformity

a) Declaration of conformity must be based on the results of evaluation and certification by organizations conducting conformity certification;

b) In cases where the results of conformity assessment from foreign conformity assessment organizations are used for certification and declaration of conformity, such foreign conformity assessment organizations must be recognized according to the law;

c) In cases where products and goods construction materials are managed by multiple technical regulations, these products and goods must be registered for declaration of conformity at relevant specialized agencies, and the conformity mark can only be used when the products and goods have fully implemented the management measures prescribed in the corresponding technical regulations.

2. Documents for Declaration of Conformity

a) Declaration of conformity form according to Model 2. CBHC/HQ specified in Appendix III of Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on declaration of compliance and conformity and conformity assessment methods with standards and technical regulations (hereinafter referred to as Circular No. 28/2012/TT-BKHCN) and additional contents prescribed in Clause 7, Article 1 of Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Minister of Science and Technology amending and supplementing some articles of Circular No. 28/2012/TT-BKHCN.

b) A copy of the conformity certificate issued by the organization conducting conformity certification along with the conformity mark sample.

3. Procedure for Declaration of Conformity

a) Organizations and individuals declaring conformity submit the declaration of conformity documents directly or send them through postal service according to Clause 2 of this Article to the Construction Department of the province or centrally-administered city where the organization or individual declaring conformity registers business.

b) For complete declaration of conformity documents according to Clause 2 of this Article, within five working days from the date of receipt of the declaration of conformity documents, the Construction Department will organize verification of the validity of the declaration of conformity documents.

c) If the declaration of conformity documents are valid, the Construction Department will issue a Notice of Acceptance of Declaration of Conformity documents to the organization or individual declaring conformity (according to Model 3. TBTNHS specified in Appendix III of Circular No. 28/2012/TT-BKHCN).

d) If the declaration of conformity documents are invalid, the Construction Department will issue a written notice to the organization or individual declaring conformity regarding the reasons for not accepting the documents.

4. Notice of Acceptance of Declaration of Conformity Documents

a) The Notice of Acceptance of Declaration of Conformity Documents has value according to the value of the conformity certificate issued by the organization conducting conformity certification.

b) After receiving the Notice of Acceptance of Declaration of Conformity Documents, organizations and individuals are permitted to circulate goods on the market and use them in construction projects.

b) After receiving the Notification of Acceptance of the Registration File for Compliance Declaration, organizations and individuals are permitted to circulate goods in the market and use them in construction projects.

          Article 6. Designation of conformity assessment organizations

1. The activities of designating conformity assessment organizations for construction products, goods, and materials shall be carried out in accordance with the provisions of Circular No. 09/2009/TT-BKHCN dated April 8, 2009, issued by the Minister of Science and Technology guiding requirements, procedures, and formalities for the designation of conformity assessment organizations (hereinafter referred to as Circular No. 09/2009/TT-BKHCN) and Circular No. 11/2011/TT-BKHCN dated June 30, 2011, issued by the Minister of Science and Technology amending and supplementing certain articles of Circular No. 09/2009/TT-BKHCN (hereinafter referred to as Circular No. 11/2011/TT-BKHCN).

2. Organizations that have registered to conduct conformity assessment activities in accordance with Decree No. 107/2016/NĐ-CP and have the capacity to meet testing requirements for construction products, goods, and materials in compliance with Technical Regulation QCVN 16:2017/BXD shall prepare a dossier to request the Ministry of Construction to consider and designate them as conformity assessment organizations in accordance with Clause 1 of this Article to carry out conformity assessment activities.

Article 7. Responsibilities of agencies and organizations related to conformity assessment and declaration of conformity activities

          1. The Department of Science and Technology and Environment under the Ministry of Construction is the lead agency for measurement and standardization work and has the responsibility:

          a) To guide conformity assessment activities.

b) To organize the development, review, amendment, and supplementation of national technical regulations on construction products, goods, and materials.

          c) To inspect, evaluate capabilities, and propose the Ministry of Construction to issue decisions on designation and announcement of conformity assessment organizations.

d) To monitor and compile information on the activities of conformity assessment organizations.

đ) To coordinate with the Department of Building Materials to monitor, compile, and inspect the situation of conformity declaration activities of provinces and centrally-administered cities.

          2. The Department of Building Materials under the Ministry of Construction has the responsibility:

          a) To coordinate with the Department of Science and Technology and Environment to organize the development, review, amendment, and supplementation of national technical regulations on construction products, goods, and materials;

          b) To coordinate with the Department of Science and Technology and Environment to inspect, evaluate capabilities, and propose the Ministry of Construction to issue decisions on designation and announcement of conformity assessment organizations;

          c) To inspect the activities of conformity assessment organizations.

d) To monitor, compile, and inspect the situation of conformity declaration activities of provinces and centrally-administered cities.

          3. Construction Departments of provinces and centrally-administered cities have the responsibility:

          a) To accept declarations of conformity from organizations and individuals for construction products, goods, and materials.

          b) To manage, inspect, and supervise conformity assessment and declaration activities for construction products, goods, and materials within their jurisdiction.

c) To compile information on conformity assessment and declaration activities and submit annual reports or ad hoc reports as required by the Ministry of Construction.

4. Conformity assessment organizations have the responsibility:

a) To implement rights and obligations as stipulated in Articles 19 and 20 of the Product Quality Law. In case of violation of this Circular, Circular No. 09/2009/TT-BKHCN, Circular No. 11/2011/TT-BKHCN, or Article 20 of the Product Quality Law, they will be subject to warnings, temporary suspension of effectiveness, or revocation of the designation decision depending on the nature and severity of the violation.

b) To submit written reports on the results of conformity assessment activities to the Ministry of Construction every six months or at any time upon request.

c) To notify the Ministry of Construction of any changes affecting their conformity assessment capabilities within fifteen days from the date of change.

5. Organizations and individuals declaring conformity have the responsibility:

          a) To declare accurately the types of construction products, goods, and materials in compliance with the list specified in Table 1, Part 2 of Technical Regulation QCVN 16:2017/BXD. In cases where the type of product cannot be clearly determined, they must cooperate with conformity assessment organizations to identify the product.

          b) Organizations and individuals importing construction products, goods, and materials must provide the customs authority at the port with a registration certificate of conformity with the confirmation of the designated conformity assessment organization for clearance purposes.

          c) To announce through appropriate media about their declaration of conformity to ensure that users can easily access the information.

          d) To maintain continuous compliance with the declared conformity of construction products, goods, and materials; to maintain quality control, testing, and regular monitoring.

          đ) To use the conformity mark on construction products, goods, and materials that have been declared in conformity according to Clause 2 of Article 4 of Circular No. 28/2012/TT-BKHCN before entering the market. To keep a record and report annually to the conformity assessment organization on the use of the conformity mark.

          e) When discovering non-compliance with construction products, goods, and materials that have been declared in conformity during circulation or use, organizations and individuals must:

- Promptly notify in writing about non-compliance to the Construction Department at the province or centrally governed city where business registration is made; temporarily halt production and recall non-compliant products and goods circulating in the market if such products and goods pose high risks to user safety; cease operation and exploitation of related processes, services, and environments.

- Take corrective measures for non-compliance; notify in writing to the Construction Department at the province or centrally governed city where business registration is made about the results of correcting non-compliance before continuing to introduce products and goods into circulation in the market and using them in construction projects.

          g) Establish and retain conformity declaration records including original copies and certified true copies of documents as prescribed in Clause 2 Article 5 and the supervision assessment file of the conformity certification organization as a basis for inspection and supervision by state management agencies.

          h) Provide evidence materials proving the compliance of products and goods with QCVN 16:2017/BXD when requested by competent state management authorities.

          i) Provide certified true copies of the receipt notification of conformity declaration files and Conformity Certificate for organizations and individuals engaged in business and use of products and goods or take appropriate measures to ensure that organizations and individuals engaged in business and use of products and goods can trace their origin and information on the compliance of products and goods with QCVN 16:2017/BXD.

          k) Re-declare when there is any change in the content of the registered conformity declaration files or any change in the features, functions, characteristics of previously declared compliant building materials.

          6. Organizations and individuals engaged in business and use of building materials products regulated under QCVN 16:2017/BXD must have certified true copies or originals of the Conformity Certificate issued by the conformity certification organization and the Conformity Declaration of the organization or individual declaring conformity for those goods.

Article 8. Provisions on transition

1. For organizations and individuals producing and importing building materials that have been granted a Conformity Certificate in accordance with QCVN 16:2014/BXD prior to the effective date of this Circular, they are permitted to use the Conformity Certificate and conformity mark until the expiry date of the Certificate.

2. Organizations that have been designated to conduct conformity certification for products and goods of building materials according to QCVN 16:2014/BXD are allowed to continue conducting conformity certification for these products and goods until the expiration date of this Circular; In cases where this Circular is promulgated after the validity period of the designation decision has expired, they are allowed to extend their conformity certification activities until the effective date of this Circular.

3. Organizations that have been designated to conduct conformity certification for products and goods of building materials according to QCVN 16:2014/BXD, which determine their need and capacity for conformity certification activities in compliance with QCVN 16:2017/BXD, shall prepare files in accordance with the guidance provided in Article 6 of this Circular and submit them to the Ministry of Construction for consideration and designation.

Article 9. Effective Date

1. This Circular takes effect from January 1, 2018.

2. The following Circulars shall cease to be effective from the date this Circular comes into force:

- Circular No. 11/2009/TT-BXD dated June 18, 2009, of the Minister of Construction on quality management work for construction glass products.

- Circular No. 01/2010/TT-BXD dated January 8, 2010, of the Minister of Construction on quality management work for commercial clinker cement.

- Circular No. 14/2010/TT-BXD dated August 20, 2010, of the Minister of Construction on quality management work for construction materials products such as ceramic tiles.

- Circular No. 21/2010/TT-BXD dated November 16, 2010, of the Minister of Construction guiding activities on conformity certification and conformity declaration for construction materials products.

- Circular No. 15/2014/TT-BXD dated September 15, 2014, of the Minister of Construction on issuing National Technical Regulations on Products and Goods of Building Materials, code QCVN 16:2014/BXD.

Article 10. Implementation Organization

The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities, and relevant organizations and individuals are responsible for organizing and implementing this Circular.

Any difficulties encountered during implementation should be reported to the Ministry of Construction for study and resolution./.