Joint Circular No. 1537/KCM-NN guiding the implementation of Decree No. 86/CP dated December 8, 1995 of the Government on the responsibilities for state management of product quality.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTATION OF DECREE NO. 86/CP DATED DECEMBER 8, 1995 OF THE GOVERNMENT

 ON ASSIGNING RESPONSIBILITIES FOR STATE MANAGEMENT OF PRODUCT QUALITY

To implement Decree No. 86/CP dated December 8, 1995 of the Government on assigning responsibilities for state management of product quality (hereinafter referred to as Decree No. 86/CP), the Ministry of Science, Technology and Environment - Ministry of Agriculture and Rural Development provides guidelines for implementation of the contents related to the state management responsibilities of the two Ministries as follows:

1. Standardization work.

1.1. The Ministry of Agriculture and Rural Development shall coordinate with relevant sectors to dispatch experts to participate in Technical Committees established by the General Bureau of Standards, Metrology and Quality Control corresponding to Technical Committees of the International Organization for Standardization (ISO) and the Codex Alimentarius Commission (CAC) to propose plans, develop and compile Vietnamese Technical Standards (VNTS), provide comments and accept international standards for objects specified in Clause 2, Article 5 - Chapter II of Decree No. 86/CP.

The Ministry of Agriculture and Rural Development shall promulgate Sectoral Standards (SS) and stipulate mandatory application of VNTS and SS for objects under its management as specified in Clause 2, Article 5 - Chapter II of Decree No. 86/CP.

1.2. The Ministry of Science, Technology and Environment, based on the needs for economic and social development, shall promulgate VNTS serving the objects managed by the Ministry of Agriculture and Rural Development as specified in Decree No. 86/CP; instruct the General Bureau of Standards, Metrology and Quality Control to monitor, urge and guide standardization work and product quality at relevant units.

2. Product quality registration.

2.1. The Ministry of Agriculture and Rural Development shall announce a list of veterinary drugs permitted for use in Vietnam according to Article 39 of the Veterinary Law and designate the Department of Animal Health as the agency issuing quality registration certificates for veterinary drugs listed above; simultaneously issue a list of plant protection products permitted and restricted for use in Vietnam.

Management of quality for crop seeds and livestock breeds (excluding objects within the purview of the Ministry of Fisheries) shall be carried out in accordance with Decree No. 07/CP dated February 5, 1996 on seed management and Decree No. 14/CP dated March 19, 1996 on livestock breed management of the Government and guiding documents of the Ministry of Agriculture and Rural Development.

2.2. The Ministry of Agriculture and Rural Development together with the Ministry of Science, Technology and Environment shall specify a list of products required to undergo quality registration, criteria and quality levels for registration for fertilizers, plant protection products, animal feed, biological products serving crop production and animal husbandry before August 15 each year for the Ministry of Science, Technology and Environment to announce in September each year and apply from January 1 of the following year.

2.3. The Ministry of Agriculture and Rural Development shall announce a list of products that must undergo trials and testing and designate agencies to conduct trials and testing of these products.

Issuance of quality registration certificates for products requiring trials and testing can only proceed after receiving written opinions from the Ministry of Agriculture and Rural Development.

2.4. The Ministry of Science, Technology and Environment shall designate Provincial and Municipal Standardization, Metrology and Quality Control Bureaus as agencies organizing quality registration and issuing quality registration certificates for products required to undergo quality registration as specified in Point 2.2.

3. Product quality inspection.

3.1. The Ministry of Agriculture and Rural Development (within its scope of management) together with the Ministry of Science, Technology and Environment shall specify a list, criteria and quality levels for domestically produced and imported/exported products that must undergo state quality inspection before August 15 each year for the Ministry of Science, Technology and Environment to announce in September each year and apply from January 1 of the following year.

3.2. The Ministry of Science, Technology and Environment shall agree with the Ministry of Agriculture and Rural Development to designate agencies to inspect the quality of domestically produced and exported/imported products listed in Point 3.1.

Until the end of 1996, state quality inspection of imported products will continue to be implemented according to the List issued by the Ministry of Science, Technology and Environment along with Decision No. 514/QD dated September 27, 1993 and regulations on state quality inspection of exported/imported products issued along with Decision No. 397-QD dated June 10, 1992 of the State Scientific Council (Ministry of Science, Technology and Environment).

4. Management of product quality circulating in the market.

The Ministry of Agriculture and Rural Development, the Ministry of Science, Technology and Environment shall cooperate with the Ministry of Trade (Market Management Bureau) and other relevant agencies in inspecting and handling violations regarding product quality circulating in the market according to Decision No. 96/TTg dated February 18, 1995 of the Prime Minister and other related legal regulations.

5. Animal products.

State management of quality for animal products shall be carried out in accordance with the Veterinary Law. The list of animal products will be delineated by the Ministry of Science, Technology and Environment in coordination with relevant Ministries and Sectors.

6. Implementation.

6.1. The two Ministries shall designate focal agencies to oversee and urge implementation of this Circular as follows:

. Ministry of Science, Technology and Environment: General Bureau of Standards, Metrology and Quality Control.

. Ministry of Agriculture and Rural Development: Department of Science, Technology and Product Quality.

The focal agencies of the two Ministries shall have the responsibility to regularly exchange information and report to their respective Ministers about difficulties and obstacles encountered to ensure timely resolution.

6.2. The quality registration agencies, agencies issuing certificates of inspection/test results, inspection and testing organizations, and State agencies inspecting product quality quarterly report on the implementation of their assigned tasks to the corresponding lead agencies as specified in point 6.1.

6.3. This Circular takes effect from the date of signature. Every six months, the Heads of the two Ministries shall convene a meeting to review the implementation of Decree 86/CP and this Circular, discuss and resolve any emerging issues.