Decree No. 132/2008/ND-CP detailing the implementation of certain articles of the Law on Product Quality

Detailed regulations on implementation of certain provisions of the Law on

product quality and commodity quality

________________

THE GOVERNMENT

CPursuant to the Law on Government Organization dated December 25, 2001;

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

Considering the proposal of the Minister of Science and Technology.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates detailed regulations on implementation of certain provisions of the Law on Product Quality and Commodity Quality regarding management of product and commodity quality; organization of product and commodity quality inspection; national quality award; State management responsibility for product and commodity quality.

Article 2. Applicability

This Decree applies to organizations and individuals producing, trading in products and commodities and organizations and individuals engaging in activities related to product and commodity quality in Vietnam.

1. The determination of products and commodities included in the List of Products and Commodities with Potential to Cause Safety Hazards (Group 2 products and commodities) shall be based on:

a) The potential for safety hazards that may occur from products and commodities;

b) Requirements and capacity for State management during each period;

2. The potential for safety hazards that may occur from products and commodities shall be determined based on one or more of the following factors:

a) Chemical, physical, biological nature;

b) Structure, operating principle;

c) Transportation, storage, preservation, usage process.

3. Based on the provisions of Clause 1 and Clause 2 of this Article, the competent sectoral ministry shall issue the List of Group 2 products and commodities within its assigned management scope pursuant to Clause 2 of Article 32 of this Decree after obtaining the opinion of the Ministry of Science and Technology.

QUALITY MANAGEMENT OF PRODUCTS AND GOODS

Section 1

QUALITY MANAGEMENT OF PRODUCTS IN PRODUCTION

Article 4. Conditions to Ensure Product Quality Before Market Release

1. Producers must comply with the requirements for product quality management as stipulated in Article 28 of the Law on Product Quality and Commodity Quality before releasing products into circulation on the market, and shall be responsible for:

a) Ensuring that products are safe for people, animals, plants, property, and the environment;

For products in Group 2 with special requirements for the production process, the Ministry managing the sector shall issue national technical regulations for the production process or specify the requirements for the production process in the national technical regulations for such products. Manufacturers are responsible for applying the national technical regulations related to the conditions of the production process and obtaining certification of compliance from a designated certification organization.

3. In cases where Group 2 products have new characteristics that potentially cause safety hazards under reasonable and proper usage conditions but these characteristics are not specified in the corresponding national technical standards or if the product is newly introduced to Vietnam and has potential safety hazards, the producer shall be responsible for proving that the product is safe for people, animals, plants, property, and the environment according to the regulations of the competent sectoral ministry. Such products can only be released into circulation on the market after approval by the competent sectoral ministry.

Article 5. State Inspection of Product Quality During Production

1. State inspection of product quality during production (hereinafter referred to as product quality inspection during production) shall be conducted by the product and commodity quality inspection agency.

2. The basis for the product and commodity quality inspection agency to conduct product quality inspection during production:

a) Exported goods do not meet the conditions stipulated in Article 32 of the Law on Product Quality and Commodity Quality, affecting national interests and reputation;

b) Goods circulating on the market do not meet the applicable standards or corresponding technical regulations. This non-compliance is systematic and recurring.

3. Content of inspection:

a) Inspect the implementation of requirements stipulated in the corresponding technical regulations related to production process conditions and State management measures for product quality during production;

b) Inspect the implementation and results of conformity assessment, labeling, marking compliance symbols, and accompanying documents of the products to be inspected;

c) Test samples to check the conformity of products with applicable standards or corresponding technical regulations.

The inspection according to the content prescribed in this point shall be conducted when there are signs of non-compliance with quality standards after implementing the contents prescribed in points a and b of this clause and shall be carried out through testing by a designated conformity assessment organization.

4. During the inspection process as stipulated in Clause 3 of this Article, the inspection agency may use experts or conformity assessment organizations to perform assessments and tests according to applicable standards or corresponding technical regulations. Experts and conformity assessment organizations must be independent, objective, and legally accountable for their assessment and testing results.

Article 6. Handling Violations During Product Quality Inspection in Production

1. In cases where producers fail to comply with the requirements stipulated in Article 28 of the Law on Product and Goods Quality, the inspection team shall handle the matter according to the provisions of Article 30 of the Law on Product and Goods Quality, while simultaneously informing the producer about the non-compliant content and specifying the time for rectification. The producer is responsible for rectifying the non-compliant content as required by the inspection team and may only be allowed to release the product to the market once the non-compliant content has been rectified. Prior to releasing the rectified product to the market, the producer must notify the inspection authority in writing.

2. In cases where public announcement on mass media is required according to point c, Clause 1, Clause 2, Article 30 of the Law on Product and Goods Quality, the quality control agency shall decide to make the announcement on local or central radio or television stations or other mass media, depending on the nature, severity of the violation, extent, and scale of impact.

3. When administrative violations are detected, the inspection agency shall transfer the case file and recommend that the competent authority proceed with the administrative violation handling procedures as prescribed by the law on administrative violation handling. The competent authority conducting administrative violation handling shall have the responsibility to inform the inspection agency of the handling process and results for monitoring purposes.

Section 2

QUALITY MANAGEMENT OF IMPORTED GOODS

1. The importer must comply with the requirements for managing the quality of goods as stipulated in Article 34 of the Law on Product and Goods Quality before putting the goods into circulation on the market, and shall be responsible for:

a) Ensuring that the goods are safe for people, animals, plants, property, and the environment;

Conformity certification is carried out in accordance with the laws on standards and technical regulations. Declaration of conformity is based on one of the following grounds:

a) The self-assessment results of the producer or importer;

b) The assessment of a conformity assessment body;

c) A conformity certificate issued in accordance with the relevant technical regulation;

d) The inspection results at the export or import customs checkpoint conducted by a certification or inspection organization designated or recognized in accordance with Article 26 of the Law on Product and Goods Quality.

3. For Group 2 goods related to production process conditions specified in the relevant technical regulations, the importer must provide additional certificates regarding the production process conditions issued by a designated certification organization or a recognized certification organization.

4. In cases where Group 2 goods have new characteristics that may pose safety risks during transportation, storage, preservation, reasonable and intended use, but these characteristics are not specified in the relevant technical regulations, or if the goods are being introduced to Vietnam for the first time and may pose safety risks, the importer is responsible for proving that the goods are safe for people, animals, plants, property, and the environment according to the regulations of the competent ministry or agency. Such goods can only be put into circulation on the market after approval by the competent ministry or agency.

Article 8. State Inspection of Imported Goods Quality and Handling of Violations

1. State inspection of imported goods quality (hereinafter referred to as state inspection of imported goods quality) shall be conducted by the product and goods quality inspection agency for goods belonging to Group 2 or other goods showing signs or risks of causing safety issues.

2. The state inspection of imported goods quality shall be carried out according to the contents stipulated in Clause 2, Article 27; following the inspection procedures and formalities prescribed in Article 35, and handling violations during the inspection process according to the provisions of Article 36 of the Law on Product and Goods Quality.

If the quality of the goods meets the prescribed requirements, the inspection authority will issue a notification for the customs authority and the importer to complete clearance procedures. If the quality of the goods does not meet the prescribed requirements, depending on the nature and severity of the violation, the inspection authority will recommend the competent state authority to apply one or more of the following measures:

a) Requesting the importer to re-export such goods:

b) Requesting the importer to recycle or destroy the goods in accordance with regulations. Products after recycling must comply with import goods management regulations;

c) The product and goods quality inspection agency shall consider strengthening inspections at the border or recommending the competent state authority to issue a decision to temporarily suspend or stop importing this type of non-compliant goods.

3. Costs and fees for serving the inspection of imported goods quality shall be implemented according to the provisions of Article 37 of the Law on Product and Goods Quality.

Section 3

QUALITY MANAGEMENT OF EXPORTED GOODS

Article 9. Conditions Ensuring Exported Goods Quality Before Export

Exporters are responsible for implementing the management requirements stipulated in Article 32 of the Law on Product and Goods Quality before exporting goods.

Article 10. State Inspection of Exported Goods Quality and Handling of Violations

1. Goods meeting the requirements stipulated in Article 32 of the Law on Product and Goods Quality are permitted to be exported without being inspected by the inspection agency.

2. In cases where exported goods do not meet quality standards, affecting national interests and reputation, the product and goods quality inspection agency shall conduct product quality inspection in production as prescribed in Article 5 of this Decree and handle the matter according to the provisions of Article 6 of this Decree.

3. Exported goods when entering circulation in the domestic market must comply with the management requirements stipulated in Section 1 Chapter II of this Decree.

Section 4

QUALITY MANAGEMENT OF GOODS IN CIRCULATION ON THE MARKET

Article 11. Conditions to ensure quality for goods circulating in the market

Goods that meet the requirements stipulated in Articles 4 and 7 of this Decree shall be permitted to circulate in the market.

Article 12. Quality inspection of goods circulating in the market

1. The quality control agency of products and goods shall establish methods for collecting information, analyzing non-compliant content, and identifying goods that do not meet quality standards, as well as the situation of goods' quality changes on the market, to develop annual inspection plans and budgets, and the specific types of goods to be inspected.

a) Inspecting the results of conformity assessments, labeling of goods, the display of conformity marks, and accompanying documents of the goods to be inspected; information and warnings about the potential risks of the goods causing safety issues;

b) After inspecting the requirements set forth in point a of this clause or finding signs of non-compliance, samples will be tested to check the conformity of the goods with the declared standards and relevant technical regulations by a designated conformity assessment body. The conformity assessment body must be independent, impartial, and legally accountable for its assessment results.

1. The quality inspection agency shall conduct quality inspections of goods circulating in the market according to the procedures and formalities stipulated in Article 39 of the Product Quality Law and handle violations according to the provisions of Article 40 of the Product Quality Law. Quality inspectors and inspection teams must notify sellers of non-compliant contents and the time required to rectify such non-compliant contents. All non-compliant contents must be corrected before continuing sales, and the seller must provide written notification to the inspection agency.

2. In cases where public announcements through mass media are required according to point c, Clause 1, and point c, Clause 2 of Article 40 of the Product Quality Law, the quality inspection agency shall decide on broadcasting the announcement on local or central radio or television stations or other mass media, depending on the nature, severity of the violation, and the extent and scale of impact.

Section 5

QUALITY MANAGEMENT OF GOODS IN THE USE PROCESS

Article 14. Conditions to ensure quality of goods during the use process

1. Users and owners of goods shall be responsible for complying with the conditions prescribed in Article 42 of the Product and Goods Quality Law to ensure the quality of goods during the use process.

2. Goods listed in the Catalogue of goods requiring inspection during the use process may only be put into use after obtaining a certificate of inspection.

3. Users and owners of goods must bear the responsibility for paying inspection fees and inspection charges. The level of inspection fees is agreed upon with the inspection organization.

The Ministry of Finance shall specify the rates, collection, and management of inspection fees for goods that require inspection during their use.

Article 15. Quality management of goods must be managed during the use process

Ministries and agencies under their assigned management scope as stipulated in Clause 2 of Article 32 of this Decree shall be responsible for prescribing the Catalogue and procedures for managing goods requiring inspection, initial testing, and periodic inspection during the use process.

Article 16. Quality inspection of goods must be managed during the use process and handling violations

1. For goods that need to be managed during the use process, the quality control agency of products and goods shall establish methods for collecting information to warn about potential risks of non-compliance with quality standards, identify non-compliant goods, and monitor the situation of goods' quality changes during the use process to develop annual inspection plans and budgets, and specific types of goods to be inspected.

2. Based on the inspection plan and the situation of goods' quality changes during the use process, the quality control agency of products and goods shall conduct inspections of goods that need to be managed during the use process according to the following contents:

a) Inspect the implementation of requirements stipulated in relevant technical regulations concerning the conditions of the use process and state management measures regarding quality during the use process;

When necessary, the inspection agency may utilize experts or conformity assessment organizations to perform assessments according to the requirements of corresponding technical standards. Experts and conformity assessment organizations must be independent, impartial, and legally responsible for the results of their assessments.

b) Inspect the implementation of inspection requirements, inspection results, and accompanying user guide documents for goods that need to be inspected;

c) In cases where it is found that the requirements stipulated in points a and b of this clause have not been fully implemented and there are signs of non-compliance with quality standards, the inspection agency shall consider having the goods tested by a designated conformity assessment organization;

Conformity assessment organizations must be independent, impartial, and legally responsible for the results of their assessments.

3. When discovering goods that do not comply with inspection requirements and corresponding technical regulations, depending on the nature and severity of the violation, the inspection team or the quality control agency shall handle the situation as follows:

a) Inform the owner of the goods about the non-compliant content and the time required to rectify these non-compliant issues;

b) Require the owner of the goods to temporarily stop using the goods and take measures to announce the temporary cessation of use. All non-compliant issues must be rectified, re-inspected, and a new Certificate of Inspection issued before the goods can be put back into use;

c) Recommend the competent authority to carry out inspections, administrative penalties, confiscation, destruction, or permanent cessation of use.

CONFORMITY ASSESSMENT

1. Conformity assessment organizations providing services within the territory of Vietnam, after meeting the conditions stipulated in Clause 5 of Article 25 of the Product Quality Law, shall have the rights specified in Article 19 of the Product Quality Law.

a) Registration of standard conformity certification and testing activities at the Ministry of Science and Technology;

b) Registration of regulatory compliance certification activities at ministries, ministerial-level agencies, and provincial People's Committees, and municipal People's Committees directly under the Central Government issuing technical regulations;

c) Registration of appraisal activities at the Ministry of Industry and Trade according to laws on commerce;

d) Registration of inspection activities at ministries and ministerial-level agencies corresponding to the scope of product and commodity quality management assigned to them.

3. Ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees directly under the Central Government shall accept registrations of fields of activity of conformity assessment organizations as stipulated in Clause 2 of this Article and are responsible for periodically reporting every six months the list of registered conformity assessment organizations to the Ministry of Science and Technology.

4. The Ministry of Science and Technology shall be responsible for compiling and publicly announcing the list of conformity assessment organizations that have registered fields of activity as stipulated in Clause 2 of this Article.

5. The Ministry of Science and Technology shall specify the requirements, procedures, and formalities for registering fields of activity for conformity assessment organizations.

1. Conformity assessment organizations that have registered fields of activity as stipulated in Article 17 of this Decree shall be selected and designated to participate in activities serving state management of product and commodity quality.

2. Ministries managing industries and sectors, provincial People's Committees, and municipal People's Committees directly under the Central Government shall designate conformity assessment organizations to carry out testing, appraisal, certification, and inspection activities serving state management of product and commodity quality within their assigned industries, sectors, and regions.

The results of conformity assessments conducted by designated conformity assessment organizations will be considered and recognized by competent state authorities during the process of inspecting and supervising product and commodity quality.

3. Ministries managing industries and sectors, provincial People's Committees, and municipal People's Committees directly under the Central Government shall be responsible for publicly announcing the list of designated conformity assessment organizations and those with recognized conformity assessment results according to Clause 2 of Article 26 of the Product Quality Law for relevant agencies, organizations, and individuals to choose from and use.

4. The Ministry of Science and Technology shall specify the requirements, procedures, and formalities for designating conformity assessment organizations.

1. The producer and business operator must pay the costs for conformity assessment according to the agreement with the conformity assessment organization.

QUALITY CONTROL ORGANIZATIONS FOR PRODUCTS AND GOODS

Article 20. Quality control organizations for products and goods

1. Central quality control organizations for products and goods are the general departments, bureaus performing state management functions on product and good quality or other agencies under the ministry assigned to perform quality inspection tasks.

2. Local quality control organizations for products and goods are specialized agencies under provincial People's Committees directly under the central government performing state management functions on product and good quality in their respective localities, conducting quality inspections of products and goods within their jurisdiction in accordance with regulations of the relevant ministries.

3. Based on specific requirements, the relevant ministries and provincial People's Committees shall define the functions, tasks, authorities, organizational structure, and unify with the Ministry of Home Affairs regarding the staffing of quality control officers of units implementing product and good quality inspections as stipulated in Clause 1 and Clause 2 of this Article.

Article 21. Allocation of responsibilities for quality control of products and goods by quality control organizations under relevant ministries

1. Quality control organizations for products and goods under relevant ministries shall conduct quality inspections of products and goods in their assigned fields as specified in the Decree defining the functions, tasks, authorities, and organizational structures of their ministries, specifically during production, export, import, circulation in the market, and during use as follows:

a) For products during production as provided for in Clause 2, Article 32 of this Decree;

2. Quality control organizations for products and goods under the Ministry of Science and Technology shall conduct quality inspections of products and goods within their assigned scope, specifically as follows:

a) For products during production as provided for in point p, Clause 2, Article 32 of this Decree;

b) For goods during export, import, circulation in the market, and during use as provided for in Clause 4, Article 69 of the Law on Product and Good Quality.

3. Quality control organizations for products and goods as stipulated in Clause 1 and Clause 2 of this Article shall have the powers as prescribed in Article 46 and the tasks as prescribed in Article 47 of the Law on Product and Good Quality, and shall perform the following specific tasks:

a) Take the lead and coordinate with other agencies to organize quality inspection activities in their assigned fields;

b) Proactively coordinate with market management agencies to handle violations during the quality inspection of goods circulating in the market;

c) Guide and direct professional matters to enable local quality control organizations for products and goods to directly carry out inspections;

d) Summarize and compile the situation of product and good quality under their management to report to the competent ministry and the Ministry of Science and Technology.

The Ministry of Science and Technology shall take the lead and coordinate with ministries managing sectors and fields to establish regulations on market circulation product and commodity quality inspection, and develop and submit them.

Article 22. Quality Control Inspector

1. A quality control inspector is a specialized civil service rank for product and commodity quality inspection.

The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Science and Technology to guide the appointment and reclassification of civil servants holding the quality control inspector rank.

4. Quality control inspectors shall be provided with specific uniforms, insignia, and quality control inspector identification cards in accordance with regulations of the Ministry of Science and Technology.

Article 23. Sources of Funding for Product and Commodity Quality Inspection Activities

1. The sources of funding for product and commodity quality inspection activities include:

a) Annual state budget of ministries managing sectors and fields, provincial People's Committees under the central government;

b) Other sources.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology to specify the content of expenditures, allocation, management, and utilization of funds for state quality inspection activities of products and commodities.

Chapter IV

NATIONAL QUALITY AWARD

Article 24. Purpose and Conditions for Awarding

1. The National Quality Award is a form of national honor and recognition.

2. The National Quality Award is awarded annually.

The National Quality Award includes:

1. National Quality Gold Award;

2. National Quality Silver Award. Organizations and enterprises receiving awards will receive cups along with certificates.

1. There shall be no discrimination among different types and scales, and there shall be no limit on the number of organizations and enterprises participating.

2. The awarding process must ensure transparency, objectivity, and fairness based on expert evaluation scores according to the criteria specified in Article 27 of this Decree.

The National Quality Award is evaluated based on the following criteria:

1. Leadership role of the organization or enterprise;

2. Strategic operations of the organization or enterprise;

3. Customer and market-oriented policies;

4. Measurement, analysis, and knowledge management;

5. Human resource management and development;

6. Management of organizational and enterprise operations;

7. Operational results of the organization or enterprise.

1. The National Quality Award is awarded through a Preliminary Selection Council and a National Council.

a) The National Council shall be established by the Minister of Science and Technology, consisting of 11 to 17 members representing relevant ministries, agencies, and organizations. The Council consists of a Chairperson, a Vice-Chairperson, and other members. Members of the Council are experts in the field of quality and thoroughly understand the requirements of the National Quality Award;

b) The Preliminary Selection Council shall be established by the National Quality Award Permanent Office based on the proposal of the Director of the Department of Science and Technology;

The Preliminary Selection Council shall consist of 7 to 11 members representing departments, bureaus, and related organizations. The Preliminary Selection Council consists of a Chairperson, a Vice-Chairperson, and other members. Members of the Council are experts in the field of quality and thoroughly understand the requirements of the National Quality Award.

c) The Permanent Office of the National Quality Award is the General Bureau of Standards, Metrology, and Quality.

2. The Minister of Science and Technology shall submit

3. The Ministry of Science and Technology shall stipulate the number of gold and silver awards, cup designs, and certificate formats for the National Quality Award; provide detailed guidance on the procedures and processes for awarding, detailed criteria, scoring scales, and organize the presentation of the National Quality Award.

The operating expenses of the National Quality Award include:

1. State budget funds;

2. Sponsorship from domestic and foreign organizations and individuals;

3. Contributions from participating organizations and enterprises.

1. Organizations and enterprises winning the National Quality Award are permitted to announce, publicize, and advertise on mass media or other forms of introduction about their own units, and may use the symbol of the National Quality Award on their products and publications.

2. Organizations and enterprises winning the National Quality Gold Award will be nominated by the Standing Office of the National Quality Award to participate in regional and international quality awards.

Chapter V

STATE MANAGEMENT RESPONSIBILITIES FOR PRODUCT AND GOODS QUALITY

GOODS, COMMODITIES

1. Implementing state management tasks regarding product and goods quality as stipulated in Article 69 of the Law on Product and Goods Quality.

2. Within the scope of its duties and powers in managing sectors and fields, the Ministry of Science and Technology shall have the following responsibilities:

a) Managing state affairs concerning the quality of products in production for goods within the sector assigned according to laws on standards and technical regulations;

b) Managing state affairs concerning the quality of exported, imported, circulated goods on the market, and goods in use that have the potential to cause safety risks within the sector assigned according to Clause 4 of Article 69 of the Law on Product and Goods Quality;

c) Periodically every six months, annually, and at any time, compiling reports.

1. Implementing state management tasks regarding product and goods quality as stipulated in Clause 1 of Article 70 of the Law on Product and Goods Quality.

2. Ministries managing sectors and fields shall have the responsibility to manage state affairs concerning the quality of products in production, specifically as follows:

a) Ministry of Health:

- Traditional medicine; community health; food hygiene and safety, functional foods, nutrient-enriched foods, dietary supplements, food additives, drinking water, potable water, natural mineral water; cigarette; insecticides, bactericides used in household and medical fields;

- Medical examination and treatment, care, rehabilitation, aesthetic surgery; - Drugs, cosmetics;

- Medical equipment and facilities.

- Plant and animal seeds; agricultural, forestry, aquatic products, salt; livestock, poultry, animals;

- Agricultural, forestry, and aquatic products materials; fertilizers; feed ingredients for livestock production;

- Products and services in cultivation, harvesting, processing, preservation, transportation of agricultural, forestry, and aquatic products, salt;

- Chemicals and additives used in agriculture, forestry, and aquaculture; plant and animal protection chemicals;

- Water conservancy works, dyke systems;

- Fishing tools, equipment requiring strict safety requirements in the fisheries industry.

c) Ministry of Transport

- Various types of transport vehicles, loading and unloading equipment, specialized construction equipment in transport (excluding equipment serving defense and security purposes and fishing boats) and technical equipment in the transport sector;

- Road, railway, inland waterway, maritime, and air infrastructure;

- Services in the transport and logistics field.

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

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

- Architecture, urban planning including: regional planning, urban planning, rural community planning, industrial park planning, economic zone planning, high-tech zone planning, border gate planning for important international borders;

- Infrastructure in urban areas, industrial parks, economic zones, high-tech zones;

- Services in the construction field.

d) Ministry of Industry and Trade:

- Chemicals, industrial explosives;

- Machinery and equipment with strict safety requirements in labor under the Ministry's management;

- Consumer goods, food industry products, and other processing industries as prescribed by law;

- Services in the industry and trade field;

- E-commerce.

e) Ministry of Labor, Invalids and Social Affairs:

- Machinery, equipment, materials with strict safety requirements in labor; personal protective equipment for workers;

- Special products related to labor safety as prescribed by law; - Public recreational facilities;

- Services in the labor, invalids, and social affairs field.

g) Ministry of Information and Communications:

- Press products; publishing, postal, and delivery services;

- Telecommunication equipment, telecommunication works;

- Postal, telecommunications, electronic, and information technology networks, works, products, and services;

- Radio frequencies and radio transmission and reception equipment;

- Services in the postal and telecommunications field.

h) Ministry of Natural Resources and Environment:

- Natural resources, minerals;

- Meteorology and hydrology;

- Surveying and mapping;

- Services in the natural resources and environment field.

i) Ministry of Education and Training

- Textbooks, teaching guides, teacher manuals;

- Educational teaching equipment, material facilities, toys for children in education and training under the Ministry's management as prescribed by law;

- Services in the education and training field.

k) Ministry of Finance: national reserve-related products, lottery operations, securities activities; insurance, accounting, auditing, financial consulting, tax, valuation, customs services.

- Cultural, literary, artistic publications;

- Sports facilities; training and competition equipment for sports institutions and disciplines.

m) State Bank of Vietnam: currency, banking activities, specialized equipment for banks.

n) Ministry of Defense: military means, equipment, ammunition, products serving defense, defense works not classified as state secrets.

o) Ministry of Public Security: fire prevention and fighting, technical equipment, weapons, military hardware, explosives, support tools, and other products used for the people's police force that do not fall under national secrets.

p) Ministry of Science and Technology: nuclear radiation safety equipment; radioactive sources; measuring instruments and other products and goods, except those mentioned in points a, b, c, d, đ, e, g, h, i, k, l, m, n, o of this Clause and products and goods within the defense, security, and national secret sectors.

4. The sectoral ministries and agencies shall notify the Ministry of Science and Technology about the agency responsible for assisting the Minister in performing state management functions over the quality of products and goods according to the provisions of Clauses 2 and 3 of this Article. They shall compile and submit periodic quarterly, semi-annual, annual, and ad hoc reports to the Ministry of Science and Technology on the situation and results of quality inspections for products and goods under their management responsibility for consolidation and reporting.

5. In cases where there is overlap or duplication of sectors assigned between sectoral ministries and agencies or new sectors appear as stipulated in Clauses 2 and 3 of this Article, the Ministry of Science and Technology shall compile and report.

Article 33. Responsibilities of People's Committees at all levels

1. Provincial and centrally-administered city People's Committees within their scope of tasks and powers shall be responsible for the following:

a) Issuing measures to encourage and create favorable conditions for enterprises in their jurisdiction to improve product and goods quality and enhance competitiveness. Directing local functional agencies to develop and implement programs to improve productivity, quality, and competitiveness of local products and goods;

b) Organizing the implementation of regulations of the Government and ministries and sectors on product and goods quality management according to the delegated authority;

c) Organizing and directing the activities of local product and goods quality inspection agencies;

d) Monitoring, statistics, and compiling the situation of product and goods quality in their jurisdiction. Periodically compiling and submitting reports to the Ministry of Science and Technology on the situation and results of product and goods quality inspections in their province or city for consolidation and reporting;

đ) Promoting, disseminating, and organizing guidance on laws related to product and goods quality, providing information on product and goods quality to organizations, individuals engaged in production and business, and consumers;

e) Inspecting compliance with laws on product and goods quality; resolving complaints and denunciations, handling violations of laws on product and goods quality according to the law;

g) Designating conformity assessment organizations in their jurisdiction according to the law.

The Standardization, Metrology, and Quality Control Sub-department under the Department of Science and Technology is the direct agency assisting the Department of Science and Technology in performing state management functions over product and goods quality and conducting product and goods quality inspections in their jurisdiction.

3. District-level People's Committees within their scope of tasks and powers shall be responsible for the following:

a) Organizing the promotion, dissemination, and guidance on the implementation of laws on product and goods quality according to the law;

b) Participating in the activities of inspecting the quality of circulating goods on the market; handling violations of laws on the quality of circulating goods within their authority;

c) Monitoring, statistics, and compiling the situation of the quality of circulating goods on the market in their jurisdiction;

d) Resolving complaints and denunciations regarding the quality of circulating goods on the market according to the law.

4. Commune-level People's Committees within their scope of tasks and powers shall be responsible for the following:

a) Organizing the promotion, dissemination of laws on product and goods quality;

b) Organizing technical guidance, inspecting compliance with regulations of competent authorities, and handling violations of laws on the quality of small-scale production and business products and goods within their delegated authority;

c) Cooperating with competent authorities in inspecting and auditing the quality of products and goods in their jurisdiction according to the law.

Article 34. Responsibilities of local product quality inspection agencies

1. Develop inspection plans for product and commodity quality according to the assigned management fields and areas.

2. Proactively organize and implement inspections and handle issues related to product and commodity quality in accordance with regulations set by the Ministry managing the sector, field, Provincial People's Committees, and Municipal People's Committees directly under the Central Government.

3. Regularly, quarterly, biannually, annually, and at any time, compile and report on inspection activities to the Ministry managing the sector, field, Provincial People's Committees, and Municipal People's Committees directly under the Central Government, and the Department of Science and Technology.

Chapter IV

IMPLEMENTING PROVISIONS

Article 35. Transitional Provisions

2. Civil servants in agencies responsible for state management of quality under the Ministry managing the sector, field, Provincial People's Committees, and Municipal People's Committees directly under the Central Government shall continue to perform product and commodity quality inspections until they are appointed or transferred to the quality control officer rank in accordance with Clause 2 and Clause 3 of Article 22 of this Decree.

Article 36. Effective Date

This Decree takes effect 15 days after its publication in the Official Gazette. The Government's Decree No. 179/2004/NĐ-CP dated October 21, 2004, concerning state management of product and commodity quality and previous regulations contrary to this Decree are hereby abolished.

Article 37. Guidance on Implementation

The Minister of Science and Technology is responsible for guiding the implementation of this Decree.

Article 38. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.