Circular No. 11/2011/TT-BKHCN amends and supplements certain 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 designating conformity assessment organizations.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 09/2009/TT-BKHCN dated April 8, 2009 issued by the Minister of Science and Technology guiding requirements, procedures, and processes for designating conformity assessment organizations

April 8, 2009of the Minister of Science and Technology guiding

requirements, procedures, and processes for designating conformity assessment organizations

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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,

The Minister of Science and Technology stipulates:

Article 1. Amending and supplementing certain provisions of Circular No. 09/2009/TT-BKHCN dated April 8, 2009 issued by the Minister of Science and Technology guiding requirements, procedures, and processes for designating conformity assessment organizations as follows:

1. Amending and supplementing Points 2.1, 2.2.3, and 2.3 Clause 2 Section II as follows:

"2.1. A conformity assessment organization that has a need to participate in testing, inspection, examination, certification activities serving state management in specific fields must prepare one set of registration files and submit them to the relevant authority as specified in Clause 1 Section III of Circular No. 09/2009/TT-BKHCN.

In cases where the application is submitted directly at the main authority as specified in Clause 1 Section III of Circular No. 09/2009/TT-BKHCN, the documents specified in Points 2.2.2 and 2.2.7 Clause 2 Section II have not been certified, then the original documents must be provided for verification. In cases where the application is sent through postal service, the certification organization must submit certified copies of the documents specified in Points 2.2.2 and 2.2.7 Clause 2 Section II.

2.2.3. A list of testers, inspectors, examiners, and evaluation experts meeting the requirements specified in Clauses 1.1.2 and 1.2.1.2 Section II, according to the model prescribed in Appendix II of Circular No. 09/2009/TT-BKHCN dated April 8, 2009 issued by the Ministry of Science and Technology guiding requirements, procedures, and processes for designating conformity assessment organizations (hereinafter referred to as Circular No. 09/2009/TT-BKHCN).

2.3. Within a period not exceeding twenty working days from the date of receipt of complete and valid files, the main authority shall examine the files, conduct actual capability assessments at the facility (if necessary), and issue a decision on the designation of the conformity assessment organization according to the model prescribed in Appendix IV of Circular No. 09/2009/TT-BKHCN. The validity period of the designation decision shall not exceed three years.

In case of refusal to designate, the main authority must notify the reasons for refusal in writing to the conformity assessment organization."

2. Amending and supplementing Point 2.2 Clause 2 Section III as follows:

"2.2. Annually and at any time when required, report the results of conformity assessment activities that have been designated according to the model prescribed in Appendix V of Circular No. 09/2009/TT-BKHCN to the main authority that has designated the conformity assessment organization for consolidation."

Article 2. The Standardization, Metrology and Quality Control General Department shall be 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 cited in 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 General Department, the Head of the Legal Affairs Department, and related organizations and individuals are responsible for implementing this Circular./.