Circular No. 13/2024/TT-BLDTBXH amending and supplementing certain articles of Circular No. 26/2018/TT-BLDTBXH dated December 25, 2018, issued by the Minister of Labor, Invalids, and Social Affairs, concerning the management of product and commodity quality that have the potential to cause safety hazards under the responsibility of the Ministry of Labor, Invalids, and Social Affairs.

CIRCULAR

Amending and supplementing some articles of Circular No. 26/2018/TT-LDTBXH dated December 25, 2018 of the Minister of Labor - Invalids and Social Affairs on quality management of products and goods that have the potential to cause safety hazards under the responsibility of the Ministry of Labor - Invalids and Social Affairs for state management. December 25, 2018, of the Minister of Labor - Social Affairs and War Invalids Pursuant to the Law on Legislative Regulatory Documents issued on June 22, 2015; the Law amending and supplementing some articles of the Law on Legislative Regulatory Documents issued on June 18, 2020; cause Pursuant to the Law on Standards and Technical Regulations issued on June 29, 2006; Social Affairs and War Invalids

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WHEREAS,Pursuant to the Law on Product and Goods Quality issued on November 21, 2007;

WHEREAS,the Law on Technical Regulations and Standards dated June 29, 2006;

WHEREAS,Pursuant to Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing some provisions and implementing measures of the Law on Legislative Regulatory Documents; Decree No. 154/2020/ND-CP dated December 31, 2020 of the Government amending and supplementing some articles of Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing some provisions and implementing measures of the Law on Legislative Regulatory Documents; Decree No. 59/2024/ND-CP dated May 25, 2024 of the Government amending and supplementing some articles of Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing some provisions and implementing measures of the Law on Legislative Regulatory Documents which has been amended and supplemented some articles according to Decree No. 154/2020/ND-CP dated December 31, 2020 of the Government;

WHEREAS,the Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some articles and measures to implement the Law on Issuing Legal Normative Documents; Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing some articles of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some articles and measures to implement the Law on Issuing Legal Normative Documents; Decree No. 59/2024/NĐ-CP dated May 25, 2024 of the Government amending and supplementing some articles of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some articles and measures to implement the Law on Issuing Legal Normative Documents which have been amended and supplemented some articles according to Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government;

WHEREAS,Pursuant to Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government detailing some provisions of the Law on Standards and Technical Regulations; Decree No. 78/2018/ND-CP dated May 16, 2018 of the Government amending and supplementing some articles of Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government detailing some provisions of the Law on Standards and Technical Regulations;

WHEREAS,Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing some provisions of the Law on Product Quality; Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing some articles of Decree No. 132/2008/NĐ-CP dated December 31, 2018 of the Government detailing some provisions of the Law on Product Quality;

WHEREAS,Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing some provisions of the Law on Product and Goods Quality; Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government amending and supplementing some articles of Decree No. 132/2008/ND-CP dated December 31, 2018 of the Government detailing some provisions of the Law on Product and Goods Quality;

WHEREAS,Decree No. 62/2022/NĐ-CP dated September 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Social Affairs and War Invalids;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;Pursuant to Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing some regulations on investment and business conditions in the field of state management by the Ministry of Science and Technology and some inspection regulations;

BMinister of Labor - Social Affairs and War Invalids issues this Circular amending and supplementing some articles of Circular No. 26/2018/TT-BLĐTBXH dated December 25, 2018 of the Minister of Labor - Social Affairs and War Invalids stipulating the management of products and goods that may cause safety risks under the responsibility of the Ministry of Labor - Social Affairs and War Invalids (hereinafter referred to as Circular No. 26/2018/TT-BLĐTBXH).

Article 1. Amending and supplementing some articles of Circular No. 26/2018/TT-BLDTBXH

1. Amend and supplement Clause 2, Article 5 of Circular No. 26/2018/TT-BLDTBXH as follows:

"2. The principles, procedures, files, file processing for the announcement of conformity assessment, responsibilities of organizations and individuals announcing conformity assessment shall be implemented according to the provisions of Circular No. 28/2012/TT-BKHCN dated December 12, 2012 issued by the Minister of Science and Technology on the announcement of compliance with standards and conformity assessment and methods of conformity evaluation with technical standards, which has been amended and supplemented by Circular No. 02/2017/TT-BKHCN dated March 31, 2017 issued by the Minister of Science and Technology amending and supplementing some articles of Circular No. 28/2012/TT-BKHCN dated December 12, 2012 issued by the Minister of Science and Technology on the announcement of compliance with standards and conformity assessment and methods of conformity evaluation with technical standards."

2. Amend and supplement Clause 3, Article 5 of Circular No. 26/2018/TT-BLDTBXH as follows:

"3. When announcing conformity assessment, organizations and individuals producing products and goods under Group 2 within the responsibility of the Ministry of Labor, Invalids and Social Affairs must register the announcement of conformity assessment at the Department of Labor, Invalids and Social Affairs where such organizations and individuals have registered their production and business activities according to Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations."

Article 2. Repealing Clause 5, Article 5, Article 6, Clause 1, Article 13 and Appendix I of Circular No. 26/2018/TT-BLDTBXH.

Article 3. Replacing Model No. 01 and Model No. 02 of Appendix III promulgated together with Circular No. 26/2018/TT-BLDTBXH with Model No. 01 and Model No. 02 of the Appendix promulgated together with this Circular.

Article 4. Effective date

1. This Circular takes effect from February 1, 2025.

2. For conformity assessment files accepted according to Circular No. 26/2018/TT-BLDTBXH before the date this Circular takes effect, they shall be processed according to Circular No. 26/2018/TT-BLDTBXH.

3. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals should report them to the Ministry of Labor, Invalids and Social Affairs for research and resolution./.

ANNEX

(Issued together with CircularNo. 13/2024/TT-BLDTBXH dated December 5, 2024 of the Minister of Labor, Invalids and Social Affairs)

Model No. 01. Record of Registration for State Quality Inspection of Imported Products and Goods.

Model No. 02. Report on Product and Goods Quality Management Work.

Model No. 01

Provincial People's Committees set specific pricesFOLLOWING REGISTRATION FOR STATE QUALITY INSPECTION OF IMPORTED PRODUCTS AND GOODS

Model 02

REPORT

VON PRODUCT AND GOODS QUALITY MANAGEMENT WORK

I. Activities of state quality inspection of imported products and goods1. Number of files received for quality inspection of imported products and goods

2. Number of products and goods meeting import quality standards

3. Number of products and goods not meeting import quality standards, measures taken

II. Activities of state quality inspection of products and goods circulating in the market

1. Products and goods inspected(specify the quantity of each type of product and goods).

2. Number of establishments inspected and inspection areas:3. Quality situation of products and goods through inspection:

4. Violation situation, handling, and some typical cases:

- Number of violations, handling:

- Violating acts:

- Some typical cases: 

(goods (quantity, value), violation content, form and level of handling)

5. Complaint situation regarding product and goods quality in production1. Types of products and goods inspected

(specify the quantity of each type of product and goods); 2. Number of establishments inspected and inspection areas;

3. Quality situation of products through inspection;- Number of violations, handling.

- Violating acts.

- Some typical cases: Violating establishment, type of product (quantity, value), violation content, form and level of handling.

- Violating acts:

5. Complaint situation and resolution of complaints about product and goods quality.

IV. Conformity Assessment Announcement Activities

Number of files processed for conformity assessment announcement procedures

V. General Evaluation and Comments

VI. Recommendations- Main agency (for reporting);

- To be filed: VT, (... drafting unit).

DEPARTMENT HEADgeneral comments

VI. SUGGESTIONS- Competent authority (for reporting);