Circular No. 14/2010/TT-BXD on the management of product quality for ceramic tiles building materials

CIRCULAR

Regulations on Quality Management of Products and Goods

Ceramic Tiles Building Materials

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Pursuant to the Law on Product and Goods Quality No. 05/2007/QH12 dated November 21, 2007 of the National Assembly;

Pursuant to the Decree No. 132/2008/NĐ-CP dated December 31, 2008 detailing the implementation of certain provisions of the Law on Product and Goods Quality;

Pursuant to the Decree No. 67/2009/NĐ-CP dated August 3, 2009 amending certain provisions of the Decree No. 127/2007/NĐ-CP dated August 1, 2007 detailing the implementation of certain provisions of the Law on Technical Standards and Regulations and the Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government;

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Circular No. 19/2009/TT-BKHCN dated June 30, 2009 of the Minister of Science and Technology regarding Measures for Quality Management of Products and Goods that Require Enhanced Management Before Being Circulated in the Market;

In accordance with the requirements for quality management of ceramic tiles building materials to ensure safety for use in construction, the Minister of Construction hereby promulgates the following regulations:

Article 1. Scope of application

This Circular stipulates the quality management of ceramic tiles building materials (referred to as ceramic tiles products and goods) belonging to Group 2 as provided for in the Law on Product and Goods Quality, including the list of ceramic tiles products and goods requiring quality assurance, the basis for quality inspection, and the work of quality management.

Article 2. Applicability

This Circular applies to organizations and individuals engaged in production, business within Vietnam, importation, and state administrative agencies related to ceramic tiles products and goods in Vietnam.

Article 3. List of ceramic tiles products and goods requiring quality assurance and the basis for quality inspection

1. The list of ceramic tiles products and goods requiring quality assurance and the corresponding basis for quality inspection are specified in the Table of Ceramic Tiles Products and Goods Requiring Quality Assurance at Appendix 1 (referred to as the Table) attached hereto.

2. The quality of ceramic tiles products and goods produced domestically and imported as listed in Column 1 of the Table must comply with the relevant provisions set forth in Columns 2, 3, and 4 of the Table.

Article 4. Quality Management of Ceramic Tiles Products and Goods

1. Quality Management of Domestic Production of Ceramic Tiles Products and Goods:

a) Organizations and individuals producing domestic ceramic tiles products and goods as listed in Column 1 of the Table must declare conformity in accordance with Clause 2 of Article 3 of this Circular (referred to as declaration of conformity).

b) Organizations and individuals engaged in domestic production must have a quality control system conforming to the standard TCVN ISO 9001/ISO 9001 still in effect.

c) For domestic ceramic tiles products and goods listed in Column 1 of the Table, in addition to declaring conformity, they must also be evaluated and certified for quality conformity in accordance with the provisions of point d of this clause, carried out by an assessment organization designated by the Ministry of Construction (referred to as certification of conformity).

d) Declaration of conformity for domestically produced ceramic tiles products and goods is based on one of the following grounds:

- The self-assessment results of organizations and individuals engaged in domestic production regarding product and goods quality conformity with the provisions set forth in Clause 2 of Article 3 of this Circular, based on the testing results of the laboratory of the conformity assessment organization designated by the Ministry of Construction;

- The testing results of representative samples of batches of products and goods conforming to the provisions set forth in Clause 2 of Article 3 of this Circular, carried out by the conformity assessment organization designated by the Ministry of Construction.

đ) Requirements for certification of conformity for domestically produced ceramic tiles products and goods include:

- A declaration of conformity in accordance with point a of this clause;

- A copy of the certificate of the quality management system of the manufacturer of the product conforming to the standard TCVN ISO 9001/ISO 9001 still in effect;

- The testing results of representative samples of batches of products and goods conforming to the provisions set forth in Clause 2 of Article 3 of this Circular, carried out by the conformity assessment organization designated by the Ministry of Construction.

2. Quality Management of Imported Ceramic Tiles Products and Goods:

a) When importing ceramic tiles products and goods listed in Column 1 of the Table into Vietnam, the importer must declare conformity in accordance with Clause 2 of Article 3 of this Circular (declaration of conformity).

b) On the product or its packaging and product documentation, the conformity mark issued by the conformity certification organization must be affixed.

c) The importer must provide the customs authority at the port of entry with the following documents:

- A copy of the certificate of the quality management system of the manufacturer of the product conforming to the standard TCVN ISO 9001/ISO 9001 still in effect;

- A conformity certificate and the testing results of representative samples of batches of ceramic tiles products and goods at the port of entry conforming to the provisions set forth in Clause 2 of Article 3 of this Circular, carried out by the conformity assessment organization designated by the Ministry of Construction.

d) Declaration of conformity for imported ceramic tiles products and goods is based on one of the following grounds:

- The self-assessment results of organizations and individuals engaged in importation regarding product and goods quality conformity with the provisions set forth in Clause 2 of Article 3 of this Circular, based on the testing results of the laboratory of the conformity assessment organization designated by the Ministry of Construction;

- The testing results of quality of representative samples of batches of products and goods at the port of entry conforming to the provisions set forth in Clause 2 of Article 3 of this Circular, carried out by the conformity assessment organization designated by the Ministry of Construction.

đ) Requirements for certification of conformity for imported ceramic tiles products and goods include:

- A declaration of conformity in accordance with point a of this clause;

- A copy of the certificate of the quality management system of the manufacturer of the product conforming to the standard TCVN ISO 9001/ISO 9001 still in effect;

- The testing results of quality of representative samples of batches of products and goods at the port of entry conforming to the provisions set forth in Clause 2 of Article 3 of this Circular, carried out by the conformity assessment organization designated by the Ministry of Construction.

e) Products and goods listed in column 1 of the Catalogue produced and supplied to the domestic market by enterprises in export processing zones shall be subject to quality management regulations similar to those applicable to imported ceramic tiles.

3. The sampling for inspection shall be carried out as follows:

- Samples for inspection and conformity assessment shall be taken objectively and representatively of the batch of products and goods. The samples taken for inspection shall be sealed and confirmed by representatives of the enterprise and the conformity assessment organization designated by the Ministry of Construction. In the case of imports, the samples taken for inspection shall also be confirmed by the customs authority at the port of entry.

- Batch size of products and goods: not exceeding 1500 square meters.

- The number of samples required to be taken from each batch is specified correspondingly with the products and goods listed in column 4 of the Catalogue.

4. The list of organizations designated by the Ministry of Construction to conduct testing, appraisal, and certification of compliance with quality standards for ceramic tiles is set forth in Appendix 2 attached hereto and will be updated and published on the Ministry of Construction's website.

Article 5. Implementation

1. The Department of Science, Technology and Environment of the Ministry of Construction shall serve as the focal point to assist the Minister of Construction in managing the activities of organizations conducting conformity assessment of products and goods ceramic tiles in accordance with the provisions herein.

2. The Department of Building Materials of the Ministry of Construction shall serve as the focal point to assist the Minister of Construction in coordinating with provincial construction departments under the central government and relevant authorities in organizing the implementation of quality management in production, business, and importation of ceramic tiles in accordance with the provisions herein, and monitoring the implementation of this Circular.

3. Domestic producers, traders, and importers of products and goods ceramic tiles shall be responsible for complying with the provisions of this Circular.

4. This Circular shall take effect 45 days from the date of signature.

5. During the implementation process, if there are any difficulties, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Construction for research and supplementary guidance.