Decree No. 13/2022/ND-CP amending and supplementing some articles of Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018, and Decree No. 86/2012/ND-CP dated October 19, 2012, which provide detailed regulations for implementation of certain provisions of the Law on Product Quality and the Law on Metrology.

DECREE

Provincial People's Committees set specific pricesAmendingsupplementing some articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008, Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government detailing the implementation of certain provisions of the Law on Product Quality and Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Metrology.

___________________________

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Measurement dated November 11, 2011;

Pursuant to the proposal of the Minister of Science and Technology;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government detailing the implementation of certain provisions of the Law on Product Quality and Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Metrology.

Article 1. Amending and supplementing some articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government detailing the implementation of certain provisions of the Law on Product Quality

1. Amending and supplementing Point k Clause 7 Article 7 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of the Law on Product Quality (hereinafter referred to as Decree No. 132/2008/NĐ-CP), amended and supplemented at Clause 3 Article 1 of Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of the Law on Product Quality (hereinafter referred to as Decree No. 74/2018/NĐ-CP) as follows:

"k) Raw materials, components, samples for processing for foreign countries, for producing export goods; raw materials for producing domestic consumption goods circulating in the market when such goods have been managed according to corresponding national technical regulations (except imported raw materials for use in producing fertilizers, plant protection chemicals, animal feed, fish feed, livestock waste treatment products, aquaculture environmental treatment products, and spare parts, components, assemblies, systems of transportation means belonging to product group 2)."

2. Amending and supplementing Point p Clause 7 Article 7 of Decree No. 132/2008/NĐ-CP, amended and supplemented at Clause 3 Article 1 of Decree No. 74/2018/NĐ-CP as follows:

"p) Other types of goods not for business purposes (non-commercial forms) as decided by the Minister of the relevant sector."

3. Supplementing Section 8 Chapter II "Management of Product and Goods Traceability" in Decree No. 74/2018/NĐ-CP and supplementing Article 19đ in Section 8 as follows:

Section 8

MANAGEMENT OF PRODUCT AND GOODS TRACEABILITY

Article 19đ. State management of product and goods traceability

1. Ministry of Science and Technology:

a) Assisting the Government in managing state activities related to product and goods traceability;

b) Guiding the enhancement of technical capacity for product and goods traceability activities and supporting the development of key products and goods, and economic and social development of sectors and localities;

c) Prescribing a traceability system for products and goods ensuring data connectivity and sharing;

d) Managing the use of product tracking codes, location tracking codes, and data carriers;

đ) Managing the organization and implementation of product and goods traceability within the assigned scope and field;

2. Sectoral ministries and agencies shall take the lead and coordinate with the Ministry of Science and Technology to manage the organization and implementation of product and goods traceability within the assigned scope and field.

3. Provincial People's Committees and municipal people's committees under the central government shall cooperate with sectoral ministries and agencies to organize and implement product and goods traceability activities in their respective localities.

4. Based on management needs, sectoral ministries and agencies shall determine products and goods that must undergo traceability and publicly announce them on the electronic portal of the relevant ministry or agency.

4. Amending and supplementing Point d Clause 2 Article 32 of Decree No. 132/2008/NĐ-CP, amended and supplemented at Clause 14 Article 1 of Decree No. 74/2018/NĐ-CP as follows:

"d) Ministry of Construction:

- Civil construction projects, industrial construction projects, infrastructure projects, outdoor advertising facilities within the scope of state management as prescribed by law;

- Civil construction projects, residential buildings, and office buildings;

- Architecture, urban planning including: regional urban planning; urban planning; rural settlement planning; industrial park planning; economic zone planning; high-tech park planning; border gate planning as prescribed by law;

- Urban infrastructure, industrial park infrastructure, economic zone infrastructure, high-tech park infrastructure within the scope of state management as prescribed by law;

- Machinery, equipment, materials, substances with strict requirements for safety and hygiene as prescribed by law on safety and hygiene;

- Services in the construction sector."

5. Amending Point l Clause 2 Article 32 of Decree No. 132/2008/NĐ-CP, amended and supplemented at Clause 14 Article 1 of Decree No. 74/2018/NĐ-CP as follows:

l) Ministry of Culture, Sports and Tourism: training and competition equipment of sports facilities and sports disciplines.

6. Amending Point g Clause 3 Article 32 of Decree No. 132/2008/NĐ-CP, amended and supplemented at Clause 14 Article 1 of Decree No. 74/2018/NĐ-CP as follows:

"g) Ministry of Culture, Sports and Tourism: training and competition equipment of sports facilities and sports disciplines."

7. Supplementing Point h Clause 3 Article 32 of Decree No. 132/2008/NĐ-CP, amended and supplemented at Clause 14 Article 1 of Decree No. 74/2018/NĐ-CP as follows:

"h) Ministry of Construction: outdoor advertising facilities within the scope of state management as prescribed by law."

Article 2. Repeal certain provisions and replace certain forms of Decree No. 132/2008/NĐ-CP, Decree No. 74/2018/NĐ-CP, and Decree No. 86/2012/NĐ-CP.

1. Repeal Clause 2, Article 19b of Decree No. 132/2008/NĐ-CP amended and supplemented at Clause 9, Article 1 of Decree No. 74/2018/NĐ-CP.

2. Repeal Article 19d of Decree No. 132/2008/NĐ-CP amended and supplemented at Clause 9, Article 1 of Decree No. 74/2018/NĐ-CP.

3. Repeal Form No. 15, Form No. 16, Form No. 17, and Form No. 18 of the Appendix issued together with Decree No. 74/2018/NĐ-CP.

4. Repeal Clause 2, Article 17 of Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Metrology.

5. Replace Form No. 12 and Form No. 14 of the Appendix issued together with Decree No. 74/2018/NĐ-CP with Form No. 12 and Form No. 14 of the Appendix issued together with this Decree.

Article 3. Implementation Provisions

1. This Decree takes effect from March 15, 2022.

2. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for implementing this Decree.

ANNEX

(Attached to Decree No. 13/2022/NĐ-CP

dated January 21, 2022 of the Government)

Form No. 12

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

..., day ... month ... year ...

APPLICATION FOR REGISTRATION OF BARCODE NUMBERS¹

Organization Information:

Name in Vietnamese*: ...

Name in English (or Vietnamese without diacritical marks): ...

Establishment Decision Number/Business Registration Certificate/Investment Registration Certificate*: ...

Date Issued*: ... Issuing Authority*: ...

Address*: ...

Telephone*: ... Email: ...

Automatic Debit Registration(Tick √ in the blank box):

□ Through bank account □ Through e-wallet

□ Through bank card □ Other(Other) ...

Field of Operation(Tick √ in the blank box):

□ Manufacturing □ Trade □ Retail

□ Service □ Other: ...

We hereby apply to use the type of code*(Tick √ in the blank box):

Email (Email)

- Only use the assigned barcode numbers for our products and services;

- Comply strictly with the regulations on payment of fees and maintenance fees as stipulated by law;

- If for any reason (dissolution, bankruptcy, etc.) we no longer need to use the assigned barcode numbers, we will notify the General Department of Standards, Metrology and Quality in writing within one month from the date of dissolution or bankruptcy;

- If there is a change in name, legal status, or address, we will notify the General Department of Standards, Metrology and Quality in writing within one month from the date of change to process the certificate renewal procedures.

..., day ... month ... year ...

Type of GLN Code

Product Description

Model No. 14

MINISTRY OF SCIENCE AND TECHNOLOGY

MINISTRY OF SCIENCE AND TECHNOLOGY
DIRECTORATE FOR STANDARDS, METROLOGY AND QUALITY

Ho Tat Thang
On the basis of Decree No. 74/2018/NĐ-CP dated May 15, 2018 and Decree No…/20…/NĐ-CP dated …/…/20… of the Government,

Based on the Decree No 74/2018/NĐ-CP dated 15/5/2018 and the Decree No…/20…/NĐ-CP dated …/…/20… of the Government,

Certifying

CERTIFICATE

<<COMPANY NAME>>

<<NAME OF COMPANY>>

<<Address>>