Circular No. 11/2009/TT-BXD on the management of product quality for construction glass products

CIRCULAR

Regulations on Quality Management of Construction Glass Products and Goods

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Pursuant to the Law on Product and Goods Quality No. 05/2007/QH12 of the National Assembly, dated November 21, 2007;

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

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to the actual needs for managing the quality of construction glass products and goods;

The Ministry of Construction hereby stipulates the management of quality of construction glass products and goods that may cause safety hazards as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars specify the list, criteria for quality inspection, and quality management work of construction glass products and goods that may cause safety hazards.

Article 2. Applicability

These Circulars apply to organizations and individuals producing, trading, designing, and installing construction glass products and goods in Vietnam.

Chapter II

QUALITY MANAGEMENT OF CONSTRUCTION GLASS PRODUCTS AND GOODS

Article 3. List of construction glass products and goods that may cause safety hazards and criteria for quality inspection

The list and criteria for quality inspection of construction glass products and goods that may cause safety hazards, belonging to Group 2 products and goods under the Law on Product and Goods Quality, are specified as follows:

TABLE OF LIST OF PRODUCTS AND GOODS THAT MAY CAUSE SAFETY HAZARDS

Article 4. Provisions on quality management of construction glass products and goods

1. Quality management of construction glass products and goods during production and trade:

a) Organizations and individuals producing or trading in construction glass products and goods must declare conformity (referred to as declaration of conformity) in accordance with the provisions in Columns 3 and 4 of the Table of List specified in Article 3, Chapter II of these Circulars;

b) Production organizations must have a quality control system conforming to ISO 9001: 2008 standard;

c) Construction glass products and goods listed in Items 1, 2, 3, 4, 5, 6, 7, 8, and 9 of the Table of List in Article 3, Chapter II of these Circulars, in addition to declaring conformity, must also be certified for conformity (referred to as certification of conformity) in accordance with the provisions in Columns 3 and 4 of the Table of List specified in Article 3, Chapter II, by conformity assessment bodies designated by the Ministry of Construction as stated in the Appendix of these Circulars. The list of conformity assessment bodies for construction glass products and goods quality, designated by the Ministry of Construction, will be updated and announced on the Ministry of Construction's website.

2. Quality management of imported construction glass products and goods:

a) When importing construction glass products and goods listed in the Table of List in Article 3 into Vietnam, importers must declare conformity in accordance with the provisions in Point a, Clause 1, Article 4, Chapter II of these Circulars;

b) On the product or its packaging and product documentation, the conformity mark issued by the conformity assessment body must be affixed;

c) Importers must provide customs authorities at the port of entry with certificates regarding:

+ Assessment of the quality control system of the manufacturer in compliance with ISO 9001 : 2008 standard;

+ Assessment of the quality of samples of construction glass products and goods at the port of entry in compliance with the provisions in Point a, Clause 1, Article 4, Chapter II of these Circulars;

d) Conformity certification shall be carried out by conformity assessment bodies for the products mentioned in Point c, Clause 1, Article 4, Chapter II of these Circulars;

đ) Exemption or reduction of quality inspections for construction glass products and goods listed in the Table of List in Article 3, Chapter II of these Circulars, which have been certified for conformity and meet the conditions of the production process upon subsequent imports, shall be implemented as follows:

+ For products of the same type and applying the technical requirements specified in Column 4 of the Table of List, provided by the same manufacturer, previous valid certificates can be used, but quality sample assessments at the port of entry must still comply with the quality requirements specified in Columns 3 and 4 of the Table of List, according to the testing methods specified in Column 5 of the Table of List.

+ For different types of products applying the same technical requirements specified in Column 4 of the Table of List, provided by the same manufacturer, the quality control system assessment of the organization or individual producer according to ISO 9001 : 2008 can be exempted.

+ For different types of products applying different technical requirements and provided by the same manufacturer, a full inspection and complete certification must be conducted.

e) Construction glass products listed in the Table of List produced and supplied to the domestic market by enterprises in export processing zones shall be subject to quality management regulations applicable to imported construction glass products and goods.

3. Quality management of exported construction glass products and goods:

a) Export organizations and individuals are responsible for implementing the management requirements stipulated in Article 32 of the Law on Product and Goods Quality before exporting construction glass products.

b) For products and goods listed in the Catalogue of construction glass, if they do not meet the export conditions, they may only be circulated in the domestic market when they satisfy the provisions set forth in Clause 1, Article 4, Chapter II of this Circular.

4. Management of product and goods quality of construction glass during use:

a) Products and goods of construction glass listed in the Catalogue produced by domestic establishments must comply with the provisions set forth in Article 3 of this Circular before being put into use.

b) Products and goods of construction glass listed in the Catalogue supplied to the domestic market from imported sources or produced in export processing zones must fully comply with the provisions set forth in Clause 2, Article 4, Chapter II of this Circular before being put into use.

c) Organizations and individuals providing design consultancy, installation and construction services for products and goods of construction glass listed in the Catalogue shall be responsible for complying with the usage standards applicable to construction glass as stipulated in TCVN 7505 : 2005.

Chapter III

IMPLEMENTING PROVISIONS

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Science, Technology and Environment Department of the Ministry of Construction shall be the focal point for managing the activities of organizations certifying compliance with quality standards for construction glass products listed in the Catalogue as prescribed in Article 3, Chapter II of this Circular.

2. The Building Materials Department of the Ministry of Construction shall be the focal point for coordinating with provincial Construction Departments and relevant agencies to organize the implementation of quality management work in production, business, import and export, and use of products and goods of construction glass listed in the Catalogue as prescribed in Article 3, Chapter II of this Circular.

3. Organizations and individuals engaged in production, business, import and export, design consultancy, installation and construction of products and goods of construction glass shall be responsible for strictly adhering to the provisions of this Circular.

4. Transitional measures:

a) For domestic establishments engaged in production and business that have not yet met the requirements set forth in Clause 1, Article 4 of this Circular, they are permitted to continue operating under current regulations but must promptly improve their organizational and technological structure to ensure compliance with the requirements of this Circular within 180 days from the date of issuance of the Circular.

b) For establishments producing and trading in construction glass products and goods that have valid certification of quality management systems compliant with ISO 9001 : 2000, after the expiration of the certification validity period, they must obtain certification of quality management systems compliant with ISO 9001 : 2008 to comply with Point b, Clause 1, Article 4, Chapter II of this Circular.

c) For construction glass products and goods that have signed export or import contracts prior to the issuance date of this Circular, they may continue to apply existing regulations for the quantity of products specified in the signed contracts within 60 days from the date of issuance of the Circular. After this period, the remaining quantities of the contracts that have not been executed must comply with the provisions of this Circular.

5. This Circular takes effect from August 1, 2009.

6. During the implementation process, if there are any difficulties, organizations, entities, and individuals are requested to promptly report them to the Ministry of Construction for research and supplementary guidance./.