Circular No. 16/2002/TT-BKHCN guiding the implementation of Clause 3, Article 16 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on trading in goods inspection services.

CIRCULAR

Guidelines for Implementing Clause 3, Article 16 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on Trading in Goods Inspection Services

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government on tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment (now the Ministry of Science and Technology);

Pursuant to Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on Trading in Goods Inspection Services.
The Ministry of Science and Technology issues guidelines for implementing Clause 3, Article 16 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on Trading in Goods Inspection Services as follows.

I- SCOPE OF APPLICATION AND OBJECTS

1- These Circulars stipulate the conditions and standards for enterprises trading in goods inspection services for competent state agencies to consider and decide on conscription to perform inspections related to the implementation of state agency tools.

2- Enterprises trading in goods inspection services referred to in Point 1 above are enterprises that have been granted business registration certificates for goods inspection services in accordance with the law.

II- CONDITIONS AND STANDARDS FOR ENTERPRISES THAT CAN BE CONSCRIPTED FOR INSPECTION

Enterprises that can be conscripted by competent state agencies to perform inspections related to the implementation of state agency duties must meet the following conditions and standards:

1- The enterprise has been operating goods inspection services for at least 18 months from the date of issuance of the business registration certificate for goods inspection services and

- Has inspectors meeting the standards specified in Article 7 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on Trading in Goods Inspection Services

- Has technical testing equipment capable of testing the main important indicators of the type of goods registered for inspection.

- Has inspection and technical procedures suitable for the goods to be inspected according to the conscription by the competent state agency.

2- Hold one of the three certificates (still within their validity period):

- Certificate recognizing the inspection organization as compliant with Vietnam Standard TCVN ISO/IEC 17020:2001 for the field of goods registered for inspection.

- Certificate recognizing the Testing Laboratory as compliant with Vietnam Standard TCVN ISO/IEC 17025:2001 for the scope of basic testing indicators of the goods registered for inspection;

- Certificate certifying the quality management system for inspection activities as compliant with Vietnam Standard TCVN-ISO 9000.

III- IMPLEMENTATION

1- Enterprises trading in goods inspection services wishing to participate in inspections serving state management must provide state management agencies with documents demonstrating compliance with the conditions and standards set out in Part II of this Circular and bear responsibility for the completeness and accuracy of these documents.

2- When there is a need to conscript an inspection enterprise to perform inspections serving its management tasks, the state agency will base its decision on the conditions and standards stipulated in Part II of this Circular, comparing them with the documents provided by the inspection enterprise as stated in Point 1 of Part III, to make an appropriate conscription decision.

3- When the state agency decides to conscript an inspection, it must issue an inspection conscription document containing the following main contents:

a. Name of the goods subject to inspection

b. Inspection content (specify clearly the indicators and requirements)

c. Specify the inspection and testing methods.

4- Regulations on inspection certificates and the legal value of inspection certificates shall be implemented in accordance with the provisions of Chapter III of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on Trading in Goods Inspection Services.

5- Inspection fees shall be paid by the conscripting agency to the inspection enterprise in accordance with state regulations. In cases where state regulations do not apply, they shall be determined through mutual agreement between the conscripting agency and the inspection enterprise.

IV - EFFECTIVE PROVISIONS

This Circular takes effect 15 days from the date of signature and replaces Circular No. 45/2001/TT-BKHCNMT dated July 25, 2001 of the Ministry of Science and Technology and Environment.

During implementation, any difficulties or obstacles should be reported to the Ministry of Science and Technology for consideration and resolution.