Decision No. 13/2001/QĐ-BKHCNMT on issuing temporary regulations for certification of goods meeting safety standards

Pursuant to …;

Regarding the issuance of temporary regulations on certification of goods meeting safety standards

hàng hóa đáp ứng tiêu chuẩn về an toàn

 

MINISTER OF THE MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT

WHEREAS the Quality Goods Ordinance dated December 24, 1999;

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government on the tasks, powers, and organizational structure of the Ministry of Science, Technology and Environment;

Pursuant to Decree No. 86/CP dated December 8, 1995 of the Government stipulating the division of responsibilities for state management over product quality;

Pursuant to the opinion of the Prime Minister in Official Letter No. 5397/VPCP-KG dated December 11, 2000 regarding the issuance of temporary regulations guiding the implementation of the Product Quality Ordinance;

At the request of the Director General of the Standardization, Measurement, and Quality Control Department,

Pursuant to …;:

Article 1. Issued herewith with this Decision are the "Temporary Regulations on Certification of Goods Meeting Safety Standards" applicable to goods under the quality management jurisdiction of the Ministry of Science, Technology, and Environment.

Article 2. This Decision shall take effect fifteen days from the date of signature.

Article 3. The Director of the General Department of Standardization, Metrology, and Quality Control and relevant organizations and individuals shall be responsible for implementing this Decision.

REGULATIONS

TEMPORARY REGULATIONS ON CERTIFICATION OF GOODS MEETING SAFETY STANDARDS

(Issued together with Decision No. 13/2001/QĐ-BKHCNMT dated June 6, 2001 of the Minister of Science, Technology, and Environment)

1. General Provisions

1. 1. This document temporarily stipulates the content of certification of goods meeting safety standards (hereinafter referred to as safety certification) as prescribed in Article 15 and Article 18 of the Product Quality Ordinance 1999.

1. 2. The temporary regulations on safety certification are established based on the division of responsibilities for unified state management over product quality assigned to the Ministry of Science, Technology, and Environment at Clause 2, Article 24 of the Product Quality Ordinance 1999 and the tasks and authorities of state management over product quality of the Ministry of Science, Technology, and Environment as stipulated in Article 4 of Decree No. 86/CP dated December 8, 1995 of the Government.

1. 3 Safety certification is carried out through the evaluation of the conformity of goods with safety standards through typical sample testing. Safety certification applies to goods that have requirements for user safety as specified in Vietnamese Standards (VNS). The list of goods required to certify compliance with safety standards (referred to as the List of goods for safety certification) is set forth in Appendix 1 and will be amended and supplemented according to management requirements.

1. 4 Organizations and individuals engaged in production and importation (hereinafter collectively referred to as Enterprises) having goods listed in the List of goods for safety certification must register for safety certification and obtain a safety certification certificate and safety mark for such goods before they are put into circulation on the market. Safety certification registration applies to specific types of goods. The following types of goods are exempt from safety certification: - Temporary imported goods for re-export; - Exported goods (except when requested by the Enterprise or importer); - Imported goods as gifts, personal luggage, diplomatic items, samples not intended for trade, exhibition goods.

1. 5. The standard serving as the basis for evaluating the conformity of goods (referred to as the evaluation standard) and the standard applied as the testing method for goods are Vietnamese Standards (VNS) specified in the List of goods for safety certification.

1. 6. Testing of goods for safety certification must be conducted at designated laboratories as provided in Section 2.2 of these Regulations.

1. 7. The safety certification certificate (which is a certificate of quality conformity with Vietnamese Safety Standards) and the safety mark issued for goods listed in the List of goods for safety certification in Appendix 1 of this Decision shall be based on corresponding Vietnamese Standards.

1. 8 Imported goods listed in the List of goods for safety certification, if there is objective evidence of safety assurance (similar to the safety certification certificate and safety mark under these Regulations) from the exporting country recognized by Vietnam, will be exempt from testing and will be issued a safety certification certificate and safety mark under these Regulations.

1. 9 For goods that have been issued a safety certification certificate and safety mark, the Enterprise may use the safety certification certificate in self-declaration of conformity with Vietnamese Standards.

1. 10 The General Department of Standardization, Metrology, and Quality Control (hereinafter abbreviated as TCĐLCL) shall be responsible for organizing and providing detailed guidance on the implementation of safety certification and post-certification supervision in accordance with these Regulations.

2. Method of safety certification

2. 1 Safety certification includes the following contents:

a. Testing of typical samples to evaluate the conformity of goods with safety requirements of the evaluation standard; b Post-certification monitoring of goods at the production facility, storage warehouse, or on the market.

2. 2 Testing of typical samples must be conducted at designated laboratories. The following laboratories will be considered for designation to conduct safety testing: Laboratories accredited under the VILAS system or laboratories accredited by accreditation organizations that have mutual recognition agreements with VILAS; Unaccredited laboratories but capable of testing goods for safety; Foreign laboratories or certification organizations recognized by Vietnam and capable of testing goods for safety. The General Department of TCĐLCL will publish the list of designated laboratories.

3. Procedure for safety certification

3. 1 Preparation Enterprises having goods listed for safety certification shall undertake the following preparatory steps:

a. Sampling: The Enterprise shall take typical samples of the goods according to the specified standards and send them to the designated laboratory for testing.

b. Testing: The designated laboratory shall be responsible for testing the goods according to the corresponding standards specified in the List of goods for safety certification and issue a test result certificate to the Enterprise.

c. Technical dossier preparation: The technical dossier prepared by the Enterprise shall include the following documents:

* Design drawings, photographs of the goods, especially parts and details related to the safety of the goods;

* Basic technical parameters of the goods, especially those related to safety;

* Product label;

* User manual;

* Certificates for goods and enterprises (if applicable).

The General Department of Standardization and Quality Control shall provide detailed guidance on technical documentation for each type of goods.

At least 15 days before the issuance of government bonds, based on the results of investor registrations to buy government bonds, the participants

The enterprise shall prepare and submit the Registration File for Safety Certification to the General Department of Standardization and Quality Control. The file includes:

a. The Application Form for Product Safety Certification in compliance with standards (in accordance with the form prescribed in Appendix 2);

b. Technical Documentation (point c, Section 3.1);

c. Test Result Report (point b, Section 3.1), either original or certified copy, valid for no more than six (06) months from the date of issuance.

3.3. Review and Evaluation

The review and evaluation of the registration file shall be conducted in the following steps:

a. Examination of the conformity of documents in the file with the requirements of safety certification (within five days): if not in conformity, request the enterprise to complete the supplementary information; if in conformity, proceed to technical assessment.

b. Technical assessment: evaluate the conformity of the test result report with the technical documentation and evaluation criteria (within twelve days): if the assessment results meet the requirements, the enterprise will be issued a safety certification certificate (in accordance with the form prescribed in Appendix 3);

If the assessment results do not meet the requirements, the enterprise will be notified to take corrective measures within the specified period. Beyond this period, the file will be returned and the enterprise must reapply for registration from the beginning.

3.4. Post-certification Surveillance

Post-certification surveillance of the conformity of goods that have been issued a safety certification with the corresponding evaluation standards and this Regulation is carried out to ensure the continued conformity of goods with the evaluation standards.

The Standardization and Quality Control Agency conducts post-certification surveillance twice a year. Every six months, the Standardization and Quality Control Agencies send reports on surveillance results to the General Department of Standardization and Quality Control and submit ad hoc reports if violations by goods and enterprises are discovered according to this Regulation.

Annually, enterprises are responsible for sending typical samples to designated testing organizations for testing and submitting the test result report to the Standardization and Quality Control Agency under their jurisdiction.

Based on the test result report of typical samples of goods, consumer feedback or complaints, and regulatory authorities' opinions, post-certification surveillance is conducted at production facilities and/or on the market.

4. Safety Certification Certificate

Goods meeting the requirements for safety certification will be issued a safety certification certificate with a validity period not exceeding three years.

During the validity period of the safety certification certificate, the enterprise must ensure that the goods comply with the corresponding evaluation standards and use the safety mark in accordance with regulations.

4.3. Re-certification:

The enterprise must apply for re-certification when the safety certification certificate for goods expires; when the evaluation standard changes; or when changes in certified goods affect their compliance with safety requirements.

Goods that pass re-certification according to this Regulation will be issued a new safety certification certificate. Goods that fail re-certification will be removed from the list of certified safe goods. The content and procedures for re-certification are the same as for initial certification.

4.4. When discovering that its goods do not conform to the corresponding evaluation standards, the enterprise must proactively report to the Standardization and Quality Control Agency and the General Department of Standardization and Quality Control; and simultaneously implement corrective measures for goods being produced or imported, goods circulating in the market, and goods in use.

4.5. The safety certification certificate will be revoked and become invalid in the following cases:

- Post-certification surveillance results do not meet the requirements;

- Goods cause accidents to users due to non-compliance with safety requirements.

5. Safety Mark

The safety mark includes the conformity mark for safety and control number (the sample of which is prescribed in Appendix 4).

5.1. The conformity mark for safety has the shape and size defined in TCVN 5680 - 2000 Conformity Mark.

5.2. Control Number

The control number consists of eight digits recorded in the safety certification certificate, including:

The first two digits: the serial number of goods listed in the Catalogue of Certified Safe Goods;

The next three digits: the serial number of the enterprise's application for certification;

The next two digits: the year of issuing the certification certificate;

The last digit: the issue of the certification certificate.

The control number must be placed below the conformity mark for safety.

5.3. Before being put into circulation on the market, goods that have been issued a safety certification certificate must have the safety mark printed or affixed to the goods or packaging at the front of the goods, in a visible location for the convenience of users and supervisory agencies.

6. Implementation organization

6.1. Within six (06) months from the date this Regulation takes effect, to allow relevant organizations and individuals time to prepare fully for implementing safety certification, goods listed in the Catalogue of Certified Safe Goods may be allowed to circulate on the market without a safety certification certificate and safety mark as prescribed in this Regulation.

6.2. After the aforementioned six (06) month period, all goods in the Catalogue of Certified Safe Goods must obtain safety certification and be issued a safety certification certificate and safety mark before being put into circulation on the market.

7. Inspection, Supervision, and Handling of Violations

The inspection, supervision, and handling of organizations and individuals violating the provisions on safety certification shall be carried out in accordance with current laws.