Joint Circular No. 1192/KCM-GTVT guiding the implementation of Decree No. 86/CP dated December 8, 1995 on the division of responsibilities for state management of product quality.

JOINT CIRCULAR

Issued by the Ministry of Science, Technology and Environment - Ministry of Transport No. 1192/KCM-GTVT dated June 12, 1996 guiding the implementation of Decree No. 86/CP dated December 8, 1995 on the division of responsibilities for state management of product quality

To implement Decree No. 86/CP dated December 8, 1995 of the Government stipulating the division of responsibilities for state management of product quality, the Joint Ministries of Science, Technology and Environment - Transport (hereinafter referred to as the Joint Ministries) guide the implementation of the contents related to the state management responsibilities of the two Ministries as follows:

1- Division of Responsibilities

1.1 The Ministry of Transport (MOT) shall be responsible for state management of product quality within the scope and objects assigned as provided in Chapter II, Article 4, Point 4 of Decree No. 86/CP throughout the country. The MOT has the responsibility to research and develop guiding documents and regulations on the management of product quality for the objects specified in Point 2 of this Circular, from the production orientation stage to the production and sale of products on the domestic market and import/export.

The Department of Science and Technology of the Ministry of Transport is the lead agency for the work of managing product quality of the MOT.

The Vietnam Vehicle Inspection Agency and the Quality Control and Management Agency of Construction Projects under the Ministry of Transport are specialized agencies responsible for state management of product quality within the assigned objects, performing state management tasks regarding product quality according to the functions and authorities stipulated by the Government and the Ministry of Transport.

1.2 The Ministry of Science, Technology and Environment (MOSTE) is the functional agency assisting the Government in directing and uniformly managing state affairs concerning product quality, formulating general policies and unified management over business operations, guiding and supervising compliance with such regulations.

The MOSTE assigns the General Bureau of Standards, Measurement and Quality to oversee, urge, and guide business operations concerning product quality management.

2- Objects of Product Quality Management Assigned to the MOT are stipulated in Chapter II, Article 4, Point 4 of Decree No. 86/CP specifically as follows:

2.1- Transportation means including:

- Road transportation means: All types of motorcycles, motorized cyclos, motorbikes, lam cars, automobiles, tractors, trailers, container trucks.

- Waterway transportation means: All types of ships, barges, pontoons, buoys, and motorized boats.

- Rail transportation means: All types of locomotives and railcars.

2.2- Infrastructure transportation projects including:

- Roads and bridge and tunnel construction projects on roads.

- Railways and bridge and tunnel construction projects, railway stations on railways.

- Port construction projects, ship channels, dockyards, and berths on rivers and seas.

2.3- Lifting equipment weighing one ton or more including:

- Various types of cranes installed on floating vessels, truck cranes, shore cranes weighing one ton or more.

- Self-propelled lifting vehicles weighing one ton or more.

2.4- Boilers and pressure vessels used in transportation.

3- Standardization of Product Quality:

3.1- The Ministry of Transport shall prepare plans to establish Vietnamese Technical Standards (VTS) and Industry Technical Standards (ITS) for the objects requiring management as assigned, agree with the Ministry of Science, Technology and Environment on the plan and necessary measures for compiling VTS; send experts to participate in technical committees corresponding to international standardization organization technical committees to compile VTS; stipulate the mandatory application of VTS and ITS; notify the list of mandatory VTS applications to the Ministry of Science, Technology and Environment (General Bureau of Standards, Measurement and Quality) for coordinated guidance on nationwide application; coordinate with relevant central and local government agencies to organize urging and inspecting the application of VTS, handle cases of violation within the assigned management scope according to current regulations; guide and inspect the implementation of ITS during the production and circulation of products on the market.

3.2- The Ministry of Science, Technology and Environment is responsible for promulgating VTS in the Official Gazette of the Socialist Republic of Vietnam.

The General Bureau of Standards, Measurement and Quality is responsible for compiling the list of mandatory VTS applications, notifying quality registration agencies, quality inspection agencies, and providing it to sectors, localities, agencies, and organizations that request it.

4- Product Quality Registration:

4.1 Annually, the MOT proposes a list of products that must undergo quality registration; determines the required quality indicators and levels for registration, bases for registration, and identifies products requiring testing and specifies the agencies organizing such tests for the assigned management objects. This list is reviewed and revised annually and sent before August 15 to the Ministry of Science, Technology and Environment for joint publication in September to apply uniformly nationwide from January 1 of the following year.

4.2 The Ministry of Science, Technology and Environment designates provincial and municipal Standardization, Measurement and Quality Control Bureaus as agencies organizing quality registration and issuing quality registration certificates for products that must undergo quality registration as stipulated in Point 4.1 of this Circular and sends a list of registered products to the MOT (Department of Science and Technology).

5- Product Quality Inspection:

5.1 The MOT proposes a list of products within the assigned management scope produced domestically and imported/exported that must undergo mandatory state quality inspection, coordinates with the Ministry of Science, Technology and Environment to specify quality inspection indicators and designate quality inspection agencies for products that must undergo mandatory state quality inspection (designated by the Joint Ministries' Decision No. KCM-GTVT). This list is reviewed, supplemented, and revised annually based on determined quality goals and sent before August 15 to the Ministry of Science, Technology and Environment for publication in September to apply from January 1 of the following year.

5.2. In case the goods fail to meet the quality requirements specified, the inspection authority shall be responsible for notifying the consignor, the specialized management agency under the Ministry of Transport (point 1.1), and the General Department of Standard Measurement and Quality (Ministry of Science and Technology and Environment) to handle the matter promptly in accordance with current laws.

6. Management of the quality of goods circulating in the market:

The Inter-Ministerial Committee coordinates with the Ministry of Commerce and other relevant agencies in organizing inspections, checks, and handling violations concerning the quality of goods circulating in the domestic market according to Decision 96/TTg dated February 18, 1995 of the Government and current legal documents.

7- Implementation Organization:

Annually, every six months, the leaders of the two Ministries will convene to review the implementation of Decree 86/CP and this Joint Circular, agree on further measures to be taken.

- Every quarter, the Ministry of Transport reports on the implementation of Decree 86/CP (for the assigned management objects) to the Government and informs the Ministry of Science and Technology and Environment to compile and report to the Government.

- The performance of quality management tasks for civil aircraft and civil aviation infrastructure projects will be carried out in accordance with the general regulations between the Ministry of Transport, the Civil Aviation Administration of Vietnam, and the Ministry of Science and Technology and Environment.

This Circular takes effect from the date of signature. During the implementation process, if new issues arise, the Inter-Ministerial Committee will discuss and resolve them specifically.