Decree No. 179/2004/ND-CP on State Management of Product and Goods Quality

DECREE OF THE GOVERNMENT

The State management of

product and commodity quality

THE GOVERNMENT

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

Pursuant to the Ordinance on Quality of Goods dated December 24, 1999;

At the proposal of the Minister of Science and Technology,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides detailed regulations on the implementation of the Ordinance on Commodity Quality and other relevant laws concerning State management of product and commodity quality for State management agencies, organizations and individuals engaged in production and business, and organizations operating in the standardization and quality assurance fields.

Article 2. Applicability

1. This Decree applies to products and commodities during their production and circulation in the domestic market, export, and import.

2. State management of quality for products and commodities in the fields of national security, defense, and state secrets shall be regulated by other documents.

Article 3. Definitions

In this Decree, the following terms shall be understood as follows:

1. Product is the result of activities and processes, including services, software, hardware, and materials for processing or already processed. Commodities are products put into consumption through exchange and trade.

2. Product and commodity quality is the overall attributes (technical specifications, characteristics) of them, determined by measurable and comparable parameters that meet current technical conditions, reflecting the ability to satisfy societal and individual needs under specific production and consumption conditions, consistent with the utility of the products and commodities.

Product and commodity quality is reflected through technical specifications and characteristics of them.

3. Product and commodity quality management is the activity of an organization aimed at guiding the development, improving, and controlling the quality of products and commodities.

4. State management of product and commodity quality is the activity of State management agencies aimed at guiding the development, improving, and controlling the quality of products and commodities to meet economic and social goals in each period.

PART II
ISSUANCE AND APPLICATION OF QUALITY STANDARDS
PRODUCTS, GOODS

Article 4. Product and commodity quality standards

1. Product and commodity quality standards are technical documents stipulating the characteristics and technical requirements for products and commodities, testing methods for these characteristics and requirements, packaging, labeling, transportation, storage requirements for products and commodities, requirements for quality management systems, and other issues related to product and commodity quality (responsibility to consumers, resource conservation, environmental protection, etc.).

2. Product and commodity quality standards are issued by the heads of competent agencies and organizations according to established procedures. Standards are developed based on scientific and technological achievements and international, regional, and foreign standards, taking into account Vietnam's actual socio-economic conditions.

3. Product and commodity quality standards must be regularly reviewed and adjusted to keep pace with the development of science and technology and international economic integration.

Article 5. System of product and commodity quality standards

1. The system of product and commodity quality standards in Vietnam includes:

a) Vietnamese Standards are technical documents established due to State management requirements for quality and trade, uniformly applied throughout the country, directed by the Minister of Science and Technology for drafting and issuance;

b) Industry Standards are technical documents established due to State management requirements for quality for products and commodities for which corresponding Vietnamese Standards have not been established, uniformly applied throughout the country, directed by the Minister or Head of an equivalent ministry (hereinafter referred to as the Ministry) for drafting and issuance; c) Basic Standards are technical documents issued by the head of a basic unit for application within the unit. Basic Standards must not contravene relevant regulations of competent State agencies.

2. International, regional, and foreign standards may be used to develop standards in the system of product and commodity quality standards or directly applied when necessary.

Development of product and commodity quality standards

Article 6. 1. The Minister of Science and Technology prescribes procedures for drafting, issuing, and applying Vietnamese Standards; guides the drafting and application of industry standards and basic standards; prescribes procedures for registering industry standards and coordinates with specialized ministries to regulate the application of international, regional, and foreign standards; reviews and decides on upgrading industry standards to Vietnamese Standards in accordance with the list of products and commodities required to apply Vietnamese Standards (as stipulated in Clause 1 of Article 9 of this Decree), the list of products and commodities required to be certified as meeting Vietnamese Standards (as stipulated in Clause 1 of Article 13 of this Decree), and the list of commodities required to be inspected for quality (as stipulated in Clause 1 of Article 24 of this Decree) to be issued annually.

2. Specialized ministries are responsible for developing industry standards and participating in drafting Vietnamese Standards, international, and regional standards; directing the application of Vietnamese Standards, industry standards, international, regional, and foreign standards.

3. Specialized ministries propose the need to develop Vietnamese Standards for objects requiring management; coordinate with the Ministry of Science and Technology on plans for developing industry standards.

4. The Ministry of Science and Technology and specialized ministries widely publicize annual plans for developing Vietnamese Standards and industry standards for organizations and individuals to be aware and contribute opinions.

5. Vietnamese Standards are drafted and finalized by Vietnamese Standard Technical Committees before being issued by the Minister of Science and Technology. The Minister of Science and Technology submits to the Prime Minister for approval the Regulations on the organization and operation of Vietnamese Standard Technical Committees.

Obligations in developing product and commodity quality standards

Article 7. All organizations and individuals have the right to propose the development of Vietnamese Standards and industry standards; they have the obligation to provide comments and information for the development of Vietnamese Standards, industry standards, international, and regional standards.

Principles for applying product and commodity quality standards

Article 8. Principles for applying product quality standards

1. Vietnamese standards and industry standards are voluntary standards to be applied.

2. Vietnamese standards and industry standards shall only be mandatory for products and goods listed in the product and goods catalogue that must apply standards as prescribed in Article 9 of this Decree.

3. The Minister of Science and Technology shall stipulate the content and procedures for announcing products and goods that comply with standards and technical regulations (technical regulations - mandatory regulations issued by competent state management agencies having jurisdiction).

Article 9. Catalogue of products and goods that must apply standards

1. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries to develop and promulgate the catalogue of products and goods that must apply Vietnamese standards during each period for products and goods related to food, safety, hygiene, health, environment, and other objects subject to Vietnamese standards.. This catalogue of products and goods shall be reviewed annually to supplement products and goods that must apply Vietnamese standards as prescribed by relevant ministries according to market quality management requirements.

2. Relevant ministries shall take the lead and coordinate with the Ministry of Science and Technology to develop and promulgate the catalogue of products and goods that must apply industry standards or other standards (including international, regional, foreign standards, and Vietnamese standards) based on the needs of national quality management for products and goods not included in the catalogue prescribed in Clause 1 of this Article.

Article 10. Copyright, publication, and registration of Vietnamese standards and industry standards

1. The issuing agency of Vietnamese standards and industry standards shall retain copyright and be responsible for publishing and distributing standard texts.

2. The Ministry of Science and Technology shall be responsible for registering Vietnamese standards and industry standards.

CHAPTER III
QUALITY CERTIFICATION AND RECOGNITION
QUALITY MANAGEMENT SYSTEM

Article 11. Quality certification and recognition of quality management systems

1. Quality certification is an activity of evaluating and confirming the quality of products, goods, and quality management systems in compliance with standards.

2. Recognition of quality management systems is an activity of evaluating and confirming the competence of the following organizations in accordance with the requirements specified in corresponding standards:

a) Product and goods quality testing laboratories;

b) Product and goods quality appraisal organizations;

c) Product and goods quality certification organizations;

d) Quality management system certification organizations.

Article 12. Methods of product and goods quality certification

1. Product and goods quality certification shall be conducted through one of the following methods:

a) Testing typical samples;

b) Testing typical samples and monitoring samples taken from the market or production facilities;

c) Testing typical samples and assessing quality assurance conditions;

d) Testing batches of products and goods;

e) Testing or inspecting all products and goods.

2. Depending on management needs, relevant ministries shall select the certification methods prescribed in Clause 1 of this Article to conduct product and goods quality certification as prescribed in Article 18 of the Goods Quality Law.

Article 13. Catalogue of products and goods that must undergo quality certification

1. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries to develop and promulgate the catalogue of products and goods that must undergo quality certification in compliance with Vietnamese standards during each period based on the catalogue of products and goods that must apply Vietnamese standards as prescribed in Clause 1 of Article 9 of this Decree and provide guidance on the content and procedures for product and goods quality certification.

2. Relevant ministries shall promulgate the catalogue of products and goods that must undergo quality certification in compliance with industry standards or other standards (excluding Vietnamese standards).

Article 14. Quality certification organizations

1. Quality certification organizations shall carry out product and goods quality certification and quality management system certification.

2. Organizations prescribed in Clause 1 of this Article, including foreign organizations legally operating in Vietnam, must meet the following conditions:

a) They are technical service organizations including:

- Public institutions providing technical services under relevant ministries;

- Enterprises established under the Enterprise Law and State-Owned Enterprise Law;

- Foreign enterprises established under the Law on Investment in Vietnam conducting quality certification in fields specified in their investment licenses;

- Branches of foreign certification organizations established under the Commercial Law conducting quality certification in fields specified in their branch establishment licenses.

b) They are independent and objective organizations recognized by the quality management system certification organization prescribed in Article 15 of this Decree as having sufficient management and technical capabilities to meet the requirements specified in corresponding Vietnamese standards.

3. Quality certification organizations must register their areas of operation and quality certification seals, symbols, and certificates at the Ministry of Science and Technology.

Article 15. Quality management system certification organizations

1. Quality management system certification organizations are public institutions providing technical services for evaluating and recognizing quality management systems of entities prescribed in Clause 2 of Article 11 of this Decree.

2. Quality management system certification organizations must meet the following conditions:

a) They must meet the requirements specified in corresponding Vietnamese standards;

b) They must operate independently and objectively.

c) The Minister of Science and Technology shall submit to the Prime Minister for issuance of regulations on the establishment and operation of quality management system certification organizations.

3. The Minister of Science and Technology shall submit to the Prime Minister for issuance of regulations on the organization and operation of the National Council for Quality Management System Certification. The Ministry of Science and Technology shall establish and manage the activities of this Council and manage the activities of quality management system certification organizations.

Article 16. Evaluation and recognition of quality management systems

1. Organizations and individuals having product quality testing laboratories, organizations conducting product quality inspections, organizations certifying product quality, and organizations certifying quality management systems have the right to request the recognition organization specified in Article 15 of this Decree to evaluate and recognize their quality management systems. 2. The basis for conducting the evaluation and recognition of quality management systems is the general requirements regarding capacity and activities that meet the requirements of the Vietnamese Standard and are consistent with international standards.

3. The results of product quality testing, inspection, certification, and quality management system certification by recognized testing, inspection, and certification organizations shall be prioritized for use as legally binding documents in domestic product quality management activities and foreign trade relations.

Participation in international cooperation on quality certification and recognition of quality management systems

Article 17. The State encourages and creates conditions for the recognition organization and the organizations recognized under Clause 1 of Article 15 and Clause 1 of Article 16 of this Decree to participate in the activities of international and regional organizations on recognition and certification; to participate in mutual recognition agreements on standards and conformity assessment.

DUTIES OF PRODUCERS AND BUSINESS OPERATORS REGARDING PRODUCT QUALITY

PART IV
Announcing product quality
Organizations and individuals producing and trading products and goods listed in Article 9 of this Decree must announce that their products and goods comply with mandatory standards.

Article 18. Mandatory certification and quality inspection of products and goods

Organizations and individuals producing and trading products and goods listed in the mandatory quality certification list specified in Article 13 of this Decree and the list of products and goods requiring quality inspection specified in Clause 1 of Article 24 of this Decree must carry out quality certification or inspection before putting them into circulation on the market. ASSIGNMENT OF RESPONSIBILITIES FOR STATE MANAGEMENT

Article 19. ON PRODUCT QUALITY

Contents of state management on product quality

CHAPTER V
The Ministry of Science and Technology is responsible to the Government for uniformly managing state affairs concerning the quality of products circulating domestically and exported/imported goods with the following specific tasks:
1. Drafting and submitting to competent authorities for issuance or issuing within its authority and organizing the implementation of policies, planning, and plans on product quality;

Article 20. 2. Issuing or submitting to competent authorities for issuance of legal regulations on product quality and organizing the implementation of these documents;

3. Coordinating the organization and management of the activities of quality management agencies of ministries, sectors, and localities;

4. Specifying principles, conditions, and criteria for the operation of recognition, certification, inspection, and testing organizations and managing the activities of these organizations; 5. Issuing and specifying procedures for developing and applying Vietnamese Standards; guiding the development and application of industry standards and basic standards; specifying procedures for registering industry standards and coordinating with specialized ministries to specify the application of international, regional, and foreign standards;

6. Leading and coordinating with relevant ministries and sectors to conclude and implement international agreements and treaties on mutual recognition in quality recognition and certification activities;

7. Organizing scientific research and applying technological progress in the field of product quality; regularly providing information about research results and technological progress to ministries, sectors, and production and business establishments;

8. Coordinating with related agencies and localities to organize the dissemination of knowledge and laws on product quality;

9. Implementing international cooperation activities on product quality;

10. Inspecting and supervising compliance with laws on product quality; resolving complaints and accusations and handling violations of laws on product quality;

11. Leading the organization to resolve disputes over product quality according to the provisions of the law;

The National Standardization, Metrology, and Quality Control Agency under the Ministry of Science and Technology is the agency assisting the Minister of Science and Technology in managing state affairs concerning product quality.

Responsibilities of specialized ministries for state management of product quality

To ensure the uniformity in state management of product quality, in accordance with international treaties to which Vietnam is a party or participant and the requirement of economic integration, specialized ministries, within their functions, duties, and powers, are responsible for leading and coordinating with the Ministry of Science and Technology to perform the following tasks:

1. Issuing legal regulations on product quality management within their jurisdiction in accordance with the common legal regulations of the state on product quality management; drafting and issuing technical regulations specifying mandatory technical requirements applicable to products related to food, safety, hygiene, human health, environment, and other objects as required by law for product quality management;

2. Issuing industry standards and registering industry standards with the Ministry of Science and Technology, specifying the list of products and goods subject to industry standards and other standards specified in Article 9 of this Decree; guiding the development and application of industry standards and basic standards in the assigned management fields;

Article 21. 3. Organizing the announcement and certification of product quality compliance with industry standards and other standards

To ensure consistency in state management of product quality in accordance with international treaties to which Vietnam is a party or participant and the requirements of economic integration, the specialized ministries, within their functions, tasks, and authorities, shall be responsible for taking the lead and coordinating with the Ministry of Science and Technology to perform the following tasks:

1. Issuing legal normative documents on product quality management within the scope of their industry that are consistent with general national legal normative documents on product quality management; developing and issuing technical regulations specifying mandatory technical criteria applicable to products and goods related to food, safety, hygiene, human health, environment, and other objects as required by law for product quality management.

2. Issuing industry standards and registering them with the Ministry of Science and Technology, specifying the list of products and goods subject to industry standards and other standards as stipulated in Article 9 of this Decree; guiding the development and application of industry standards and basic standards in the assigned management fields.

3. Organizing the announcement and certification of product and good quality compliance with industry standards and other standards within the scope of industries and sectors assigned to manage in accordance with the provisions of this Decree.

4. Issue or submit to competent authorities for issuance necessary mechanisms and policies for managing product and commodity quality; develop and implement programs to improve product and commodity quality within their management scope.

5. Inspect and supervise activities related to product and commodity quality in their industries and establishments to ensure compliance with laws on product and commodity quality, handle violations of such laws.

Article 22. State Management Responsibilities for Product and Commodity Quality of Provincial People's Committees

1. Provincial People's Committees within their tasks and powers shall carry out state management over product and commodity quality at local levels with the following responsibilities:

a) Issue guiding documents for product and commodity quality management work;

b) Develop and organize the implementation of planning, allocate appropriate funds for building infrastructure and purchasing necessary equipment for product and commodity quality management;

c) Organize the implementation and promote education among the people to comply with national regulations on product and commodity quality;

d) Direct, inspect, and supervise the implementation of laws on product and commodity quality; impose administrative penalties according to the law;

đ) Receive and resolve complaints, denunciations, and suggestions regarding product and commodity quality, or transfer them to responsible agencies for resolution;

2. The Department of Science and Technology, in collaboration with relevant departments, assists provincial People's Committees in performing state management functions over product and commodity quality at local levels.

The Standardization, Metrology, and Quality Control Sub-department under the Department of Science and Technology directly assists the Department in managing product and commodity quality at local levels.

Article 23. Allocation of State Management Responsibilities for Specialized Products and Commodities

1. Ministries with specialized management responsibilities shall perform state management over product and commodity quality according to their assigned functions, tasks, and powers. For specialized products and commodities specifically assigned by the Government, they are as follows:

a) Ministry of Health: raw materials for medicines and various types of drugs for human disease prevention and treatment, vaccines, medical supplies; hygiene and sanitation items, medical equipment, soap, household chemicals, talcum powder, toothpaste, cosmetics; food safety, drinking water, and potable water.

b) Ministry of Agriculture and Rural Development: crop and livestock seeds, biological preparations for agriculture and animal husbandry; veterinary drugs; agricultural and forestry materials, salt industry materials, preservatives for agricultural and forestry products, irrigation works.

c) Ministry of Fisheries: aquatic products, exported seafood, fish seeds, aquaculture feed, veterinary drugs for aquaculture; materials, chemicals, and biological preparations used in aquaculture; fishing nets, fishing gear; equipment requiring strict safety standards in the fisheries sector.

d) Ministry of Transport: motorized transportation vehicles and related safety equipment for people and transportation means (air, water, road, rail); loading and unloading, construction machinery; containers, boilers, pressure vessels, and other specialized equipment used in road, rail, inland waterway, maritime, and air transport; offshore oil exploration and production equipment and facilities; transportation infrastructure projects.

đ) Ministry of Construction: construction projects, building materials.

e) Ministry of Industry: chemicals, industrial explosives; machines and technical equipment for industry and consumer use; specialized equipment for mining exploration, extraction, and metallurgy; chemical and explosive production equipment; food processing industry production equipment.

f) Ministry of Labor, Invalids, and Social Affairs: machines, equipment, materials, and substances with strict safety requirements for labor and public recreational facilities.

g) Ministry of Posts and Telecommunications: postal and telecommunications products, information technology products.

h) Ministry of Culture and Information: cultural, literary, artistic, and press information products.

i) Ministry of Natural Resources and Environment: surveying and mapping products, geological mineral products, basic investigation and environmental resource forecasting products; environmental components like soil, water, air.

k) Ministry of Trade: trade services, electronic commerce;

l) Ministry of Education and Training: textbooks, teaching aids, technical equipment for schools, research books, science and technology books.

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

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

o) Sports Committee: sports facilities, training and competition equipment for sports establishments and disciplines.

p) Ministry of Science and Technology: nuclear radiation safety equipment; radioactive sources; measuring instruments and other products and commodities (excluding those mentioned in points a, b, c, d, đ, e, f, g, h, i, k, l, m, n above and products and commodities in defense, security, and state secrets areas).

2. In cases where there is overlap and duplication in the management scope between ministries with specialized management responsibilities as stipulated in Clause 1 of this Article, the Ministry of Science and Technology shall be responsible for compiling and reporting to the Prime Minister for consideration and decision.

Chapter VI
REGULATIONS ON QUALITY CONTROL OF PRODUCTS AND COMMODITIES

Article 24. List and Basis for Quality Control of Products and Commodities

1. On the basis of quality management requirements in each period, the Ministry of Science and Technology shall take the lead and coordinate with relevant specialized ministries to develop and submit to the Prime Minister for promulgation a list of products and goods that must be inspected for quality, along with inspection bases and a list of organizations designated to carry out product and good quality inspections. Annually, the Ministry of Science and Technology shall take the lead and coordinate with relevant ministries to review and supplement the list of products and goods and the list of organizations mentioned above for submission to the Prime Minister for consideration and decision.

2. The inspection basis for products and goods listed in Clause 1 of this Article includes legal provisions related to quality assurance requirements, safety, hygiene, human health, environment, and other objects as prescribed by law.

Article 25. Methods and use of results of product and good quality publication and certification in quality inspection activities

1. Quality inspection of products and goods shall be conducted according to methods prescribed by specialized ministries, consistent with the fields assigned under Clause 1 of Article 23 of this Decree and guidance from international or regional standardization organizations, taking into account Vietnam's actual conditions.

2. It is encouraged to use the results of standard-compliant declarations issued by production and business organizations recognized by state management agencies and the results of standard-compliant certifications issued by product and good quality certification organizations to serve quality inspection activities.

Article 26. Organizations conducting product and good quality inspections

1. Organizations designated to conduct product and good quality inspections include:

a) Technical service organizations of specialized ministries;

b) Business service appraisal organizations established in accordance with Government Decree No. 20/1999/NĐ-CP dated April 12, 1999 on business service appraisal and recognized by the organization specified in Article 15 of this Decree as meeting international standards for quality appraisal organizations.

Product and good quality inspection organizations must meet the conditions prescribed by the Ministry of Science and Technology and specialized ministries.

2. The Ministry of Science and Technology shall coordinate with specialized ministries to specify the conditions and procedures for designating organizations to conduct product and good quality inspections.

Article 27. Inspection of circulating products and goods on the market, exported and imported goods

1. State management agencies for product and good quality, based on the list of products and goods that must be inspected for quality as prescribed in Article 24 of this Decree, shall be responsible for organizing the inspection of circulating domestic products and goods and imported goods.

2. Imported products and goods intended for consumption in Vietnam must comply with domestic product and good quality regulations.

In cases where the quality of circulating products and goods and imports does not meet the regulations, the state management agency for product and good quality as prescribed in Chapter V of this Decree has the right to suspend the circulation of those products and goods on the market and handle them according to the law.

3. The quality of products and goods exported from Vietnam to foreign countries is agreed upon by the parties but must not contravene international treaties to which Vietnam is a party.

Vietnam's exported products and goods returned must comply with domestic product and good quality regulations.

Article 28. Exemption or reduction of product and good quality inspections

1. Products and goods listed in the list of products and goods that must be inspected for quality as prescribed in Clause 1 of Article 24 of this Decree will be exempted or have reduced inspections in the following cases:

a) Products and goods certified by quality certification organizations as prescribed in Article 14 of this Decree to meet Vietnamese standards, industry standards, or other standards.

b) Imported products and goods with certificates or marks of compliance with export standards recognized by Vietnam under agreements or mutual recognition arrangements on standards and conformity that Vietnam participates in.

c) Products and goods of organizations and individuals with a quality management system certified by certification organizations as prescribed in Article 14 of this Decree.

2. Products and goods exempted or having reduced inspections may be subject to random inspections if there are signs of violation of product and good quality management laws. Based on the inspection results, the management agency as prescribed in Chapter V of this Decree decides to revoke or continue the exemption or reduction of inspections for those products and goods.

Article 29. Guidance on implementing the product and good quality inspection mechanism

The Ministry of Science and Technology shall take the lead and coordinate with relevant specialized ministries to guide the implementation of the quality inspection regime for products and goods as prescribed in Chapter VI of this Decree.

Chapter VII
SPECIALIZED INSPECTION OF PRODUCT AND GOOD QUALITY

QUANTITY OF PRODUCTS, GOODS

Article 30. Specialized inspection of product and good quality

1. Product and good quality inspection is specialized inspection.

2. The content of specialized product and good quality inspection is the inspection of compliance with laws on product and good quality, imposition of penalties, application, or recommendation for application of preventive and cessation measures against violations of product and good quality laws within the authority.

Inspections are carried out by inspection teams or inspectors.

3. The methods and procedures for specialized product and good quality inspection are implemented in accordance with the laws on inspection.

Article 31. Tasks of specialized product and good quality inspection

Specialized product and good quality inspection has the following tasks:

1. Participate in drafting legal normative documents on product and commodity quality, develop programs, plans, and inspection work on product and commodity quality to be submitted to competent authorities for decision;

2. Train inspection business skills for specialized inspectors on product and commodity quality;

3. Receive complaints and denunciations, verify, conclude, and propose measures to resolve complaints and denunciations in accordance with the law;

4. Inspect and conclude on the implementation of legal provisions regarding product and commodity quality;

5. Administer administrative penalties for violations concerning product and commodity quality in accordance with the law.

Article 32. Powers of specialized inspectors on product and commodity quality

Specialized inspectors on product and commodity quality have the following powers:

1. Propose to the head of the same-level agency or the higher-level inspectorate organization measures to prevent and handle after inspections;

2. Require individuals and organizations related to provide necessary information and materials for inspection work, request relevant agencies and organizations to send personnel to participate in inspection work;

3. Temporarily suspend the execution of decisions made by agencies or units under the management authority of the same-level agency or subordinate level if such execution impedes the inspection work;

4. Temporarily suspend actions violating regulations on product and commodity quality and quality management if such actions are found to violate the law, cause harm, or pose a risk of causing harm to state interests or legitimate rights and interests of agencies, organizations, or citizens;

5. Seal documents, seize assets; request competent authorities to temporarily detain money, objects, suspend or revoke certificates and licenses when there is evidence of law violation and immediate measures need to be taken to address the situation;

6. Request expert examination;

7. Apply preventive measures and impose administrative penalties in accordance with laws on handling administrative violations;

8. Transfer files on law violations to criminal investigation agencies for handling according to the law if there are signs of criminal offenses;

9. Specialized inspectors on product and commodity quality are issued inspection badges and provided with uniform attire;

10. Specialized inspectors on product and commodity quality may use their own seals in inspection activities and open temporary holding accounts at state treasuries;

11. Exercise other powers as prescribed by law.

Article 33. Implementation of requirements and decisions of specialized inspectors on product and commodity quality

Organizations and individuals subject to inspection or related to product and commodity quality inspection shall fulfill inspection requirements, proposals, and decisions in accordance with the law, create conditions for inspection organizations and inspectors to complete their tasks; subjects referred to in this Article have the right to explain, appeal against inspection conclusions, proposals, and decisions in accordance with the law.

Article 34. Specialized Inspection Organization on Product and Commodity Quality

1. Specialized inspection bodies of Ministries and sectors perform inspection functions on product and commodity quality within the scope and fields assigned to manage as stipulated in Article 23 of this Decree.

2. The Ministry of Science and Technology performs specialized inspection functions on product and commodity quality within its assigned tasks and powers; builds a specialized inspection system on product and commodity quality to be submitted to the Government for consideration and decision.

3. The Ministry of Science and Technology takes the lead and coordinates with the State Inspectorate to provide detailed guidance on the inspection activities on product and commodity quality of Ministries and sectors as stipulated in Clause 1 of this Article and specialized inspection on product and commodity quality as stipulated in Clause 2 of this Article.

Chapter VIII
ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE LAW ON

PRODUCT AND COMMODITY QUALITY

Article 35. Administrative penalties for organizations and individuals producing and trading

1. Individuals and organizations violating legal provisions on product and commodity quality management will be administratively penalized or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law;

2. Administrative penalties for violations concerning product and commodity quality are implemented in accordance with a separate Government Decree.

Article 36. Administrative penalties for organizations and individuals under state management agencies

Any person who abuses their position or power to obstruct lawful activities or violate the law on product and commodity quality will be administratively penalized or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

Article 37. Complaint Resolution and Reporting

Organizations and individuals with authority are responsible for resolving complaints and denunciations about product and commodity quality in accordance with the law on complaints and denunciations, the law on product and commodity quality, and other relevant laws.

CHAPTER IX
IMPLEMENTING PROVISIONS

Article 38. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette. All previous regulations that conflict with this Decree are hereby abolished.

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

Article 39. Responsibility for Implementation

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.