Ordinance No. 18/1999/PL-UBTVQH10 on Product Quality

ORDINANCE

Quality of Goods

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To ensure the improvement of goods quality, production efficiency, and business effectiveness;

Protecting the legitimate rights and interests of organizations and individuals engaged in production and business activities, as well as consumers; rational use of natural resources and labor;

Environmental protection; promoting scientific and technological progress; enhancing state management effectiveness; creating favorable conditions for technical, economic, and international trade cooperation;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the Fourth Session of the Tenth National Assembly regarding the Law and Ordinance Construction Program for the Ten-Year Term of the Tenth National Assembly and the Law and Ordinance Construction Program for 1999;

This Ordinance stipulates on the quality of goods.

Chapter I

GENERAL PROVISIONS

Article 1.

This Ordinance stipulates on the issuance and application of quality standards for goods, quality certification, recognition of quality management systems, inspection, and supervision of goods quality during production and business operations.

Article 2.

The State uniformly manages goods quality in accordance with this Ordinance and other relevant laws.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Ordinance, the provisions of such international treaties shall be applied.

Article 3.

Organizations and individuals engaged in production and business must bear responsibility for the quality of their goods in accordance with the law.

Article 4.

The State encourages and creates conditions for organizations and individuals engaged in production and business under all forms of ownership to ensure goods quality through the application of quality standards, implementation of quality management measures according to Vietnamese standards or foreign standards, international standards permitted for use in Vietnam.

Article 5.

State agencies, economic organizations, political organizations, socio-political organizations, social organizations, occupational associations, people's armed units, and every individual have the responsibility to implement the provisions of this Ordinance and other laws related to goods quality.

The Vietnam Fatherland Front and its member organizations within their respective functions and powers have the responsibility to promote propaganda, education, mobilize the people to implement and supervise the enforcement of laws on goods quality.

Article 6.

Organizations and individuals have the right to lodge complaints about violations of laws on goods quality. Individuals have the right to report such violations. Organizations and individuals have the right to propose to competent state agencies measures to improve goods quality. Agencies and organizations with authority must promptly resolve complaints, reports, and proposals in accordance with the law.

Article 7.

The Socialist Republic of Vietnam encourages the expansion of international cooperation in the field of goods quality with countries, international organizations, and foreign organizations and individuals.

Article 8.

Strictly prohibit the following acts:

1. Producing and trading goods that do not meet the quality requirements as prescribed by law;

2. Providing false information and other fraudulent acts concerning goods quality.

Chapter II

ISSUANCE AND APPLICATION OF QUALITY STANDARDS FOR GOODS

Article 9.

Quality standards include provisions on technical specifications, technical requirements, testing methods, packaging, labeling, transportation, storage of goods; quality management systems, and other issues related to goods quality.

Quality standards are expressed in the form of technical documents.

Article 10.

The Government stipulates the issuance of Vietnamese Standards on goods quality (hereinafter referred to as Vietnamese Standards), the use of foreign standards, and international standards in Vietnam.

Ministers, Heads of Ministries equivalent to ministries, and Heads of government agencies issue industry standards on goods quality (hereinafter referred to as industry standards) for application within their assigned sectors and fields in accordance with the Government's regulations.

Organizations and individuals engaged in production and business announce basic standards on goods quality (hereinafter referred to as basic standards) for application within their own premises and are responsible for the quality standards of goods they announce.

Article 11.

1. The State encourages organizations and individuals engaged in production and business to develop and apply basic standards; participate in developing and applying Vietnamese Standards, industry standards; declare their goods to comply with corresponding Vietnamese Standards, industry standards.

2. The State creates conditions for organizations and individuals voluntarily to apply foreign standards and international standards based on compliance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party to promote international technical, economic, and trade cooperation.

Article 12.

1. Goods related to food, safety, hygiene, health of humans, environment, and other objects specified by law must apply Vietnamese Standards.

The Government stipulates the issuance of a list of goods required to apply Vietnamese Standards.

2. Organizations and individuals engaged in producing and trading goods as specified in Clause 1 of this Article must announce and ensure that their goods comply with corresponding Vietnamese Standards.

Article 13.

1. Besides the list of goods required to apply Vietnamese Standards as stipulated in Clause 1 of Article 12 of this Ordinance, based on the requirements for managing goods quality in each period, Ministers, Heads of Ministries equivalent to ministries, and Heads of government agencies stipulate goods within their assigned sectors and fields to apply industry standards or other standards.

2. Organizations and individuals engaged in producing and trading goods as specified in Clause 1 of this Article must announce and ensure that their goods comply with corresponding standards.

Article 14.

The Minister of Science, Technology, and Environment stipulates the conditions and procedures for announcing goods that comply with quality standards for goods.

Chapter III

QUALITY CERTIFICATION AND RECOGNITION OF QUALITY MANAGEMENT SYSTEMS

Article 15.

1. Quality certification activities include certifying the quality of goods, certifying quality management systems in compliance with Vietnamese Standards or foreign standards, international standards applicable in Vietnam.

2. Quality management system recognition activities include the recognition of quality management systems of product quality testing laboratories, product quality appraisal organizations, product quality certification organizations, quality management system certification organizations that comply with Vietnamese standards, industry standards, foreign standards, or international standards applicable in Vietnam.

Article 16.

Product quality certification and quality management system certification; the recognition of quality management systems of organizations specified in Article 15 of this Ordinance shall be carried out by technical service organizations.

The conditions for the operation of organizations conducting product quality certification and quality management system recognition shall be stipulated by the Government.

Article 17.

The State encourages production and business organizations to voluntarily apply quality management systems and to voluntarily request product quality certification and quality management system certification; it also encourages product quality testing laboratories, product quality appraisal organizations, product quality certification organizations, and quality management system certification organizations to voluntarily request recognition of their quality management systems.

Article 18.

1. Based on the List of products required to apply standards as prescribed in Clause 1, Article 12 of this Ordinance, the Government shall stipulate the issuance of the List of products required to be certified as complying with Vietnamese standards.

2. Based on the List of products required to apply standards as prescribed in Clause 1, Article 13 of this Ordinance, the Minister, Head of a ministerial-level agency, or Head of an agency under the Government shall stipulate the List of products required to be certified according to industry standards or other standards.

Article 19.

The State encourages and creates conditions for mutual recognition in product quality certification and quality management system recognition activities between Vietnam and foreign countries.

Chapter IV

RESPONSIBILITIES OF PRODUCTION AND BUSINESS ORGANIZATIONS FOR PRODUCT QUALITY

Article 20.

Production and business organizations must publish product quality standards in accordance with the law; ensure that products meet published quality standards; inspect product quality and bear responsibility for the quality of products they produce and sell.

Article 21.

Production and business organizations must ensure honesty and accuracy in information and advertising about the quality of their products; ensure that products have labels clearly indicating standards, characteristics, uses, expiration dates, and other contents as prescribed by law; announce warranty conditions, duration, location, and usage instructions for customers.

Article 22.

Production and business organizations are responsible for promptly resolving all complaints from customers regarding the quality of their products; collecting, studying, and adopting customer feedback on product quality; compensating customers for losses in accordance with the law.

Chapter V

STATE MANAGEMENT OF PRODUCT QUALITY

Article 23.

Contents of state management of product quality include:

1. Developing and implementing policies, planning, and plans for product quality;

2. Issuing and implementing legal documents on product quality;

3. Organizing and managing the activities of state management agencies at various levels;

4. Issuing and stipulating the application of Vietnamese standards and industry standards; stipulating the application of foreign standards and international standards; guiding the development and application of basic standards; stipulating types of fees and charges related to product quality;

5. Managing product quality certification and quality management system certification activities; recognizing the quality management systems of product quality testing laboratories, product quality appraisal organizations, product quality certification organizations, and quality management system certification organizations;

6. Organizing scientific research and applying technological progress in the field of product quality;

7. Organizing and managing training and professional skill enhancement in product quality;

8. Organizing information dissemination, propaganda, and popularization of knowledge and laws on product quality;

9. Organizing and implementing international cooperation on product quality;

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

Article 24.

1. The Government shall uniformly manage state affairs concerning product quality throughout the country.

2. The Ministry of Science, Technology, and Environment shall be responsible before the Government for uniformly managing state affairs concerning product quality.

The Government shall specify the responsibilities of ministries, ministerial-level agencies, and agencies under the Government in managing state affairs concerning product quality.

3. The Ministry of Science, Technology, and Environment shall coordinate with the Ministry of Trade and other ministries, ministerial-level agencies, and agencies under the Government in managing state affairs concerning product quality according to the division of labor by the Government.

4. People's Committees at all levels within their assigned tasks and authorities shall manage state affairs concerning product quality in their localities according to the division of labor by the Government.

Article 25.

The Government shall stipulate types of fees and charges related to product quality.

Chapter VI

INSPECTION AND AUDITING OF PRODUCT QUALITY

Article 26.

1. Based on the requirements for product quality management in each period, the Government shall stipulate the List of products required to be inspected for quality and organize the implementation of product quality inspections; issue regulations on product quality inspections.

2. Products that have been certified as compliant with standards, and products of production and business organizations that have been certified as having quality management systems compliant with Vietnamese standards or foreign standards, international standards shall be exempted from quality inspections, except in cases where there are signs of violation of laws on product quality.

Article 27.

1. Product quality audits shall be conducted by specialized inspection bodies for product quality.

2. The organization and activities of specialized inspection bodies for product quality shall be stipulated by the Government.

Article 28.

The mission of specialized inspection regarding product quality is to inspect compliance with laws on product quality, impose penalties, apply or recommend applying preventive measures and cessation of violations of laws on product quality within the scope of authority.

The inspection shall be carried out by the Inspection Team or Inspector.

Article 29.

1. During the inspection process, the Inspection Team or Inspector has the right to:

a) Request organizations and individuals related to provide documents and answer questions necessary for the inspection;

b) Take samples of products for testing in accordance with the provisions of the law;

c) Draft inspection records and propose measures to resolve issues;

d) Apply preventive and violation handling measures according to the law; in case of discovering signs indicating criminal offenses, transfer the file to competent state agencies.

2. When conducting inspections, the Inspection Team or Inspector is responsible for:

a) Presenting the inspection decision and inspector identification card;

b) Adhering to the prescribed procedures and formalities of the inspection; not causing undue inconvenience, harassment, hindrance to production and business activities; not causing damage to the legitimate rights and interests of production and business organizations and individuals and consumers;

c) Complying with the law and being accountable for all actions, conclusions, and handling measures taken, and must compensate for damages if caused, in accordance with the law.

Article 30.

Organizations and individuals subject to inspection have the responsibility to create conditions for the Inspection Team or Inspector to perform their duties and must comply with decisions made by the Inspection Team or Inspector.

Article 31.

Organizations and individuals subject to inspection have the right to lodge complaints or initiate lawsuits against decisions or handling measures of the Inspection Team or Inspector in accordance with the law. During the period when competent authorities examine and resolve such cases, organizations and individuals subject to inspection must still comply with decisions or handling measures of the Inspection Team or Inspector, except where otherwise provided by law.

Chapter VII

REWARD AND VIOLATION HANDLING

Article 32.

Organizations and individuals who achieve outstanding results in activities concerning product quality or who contribute to detecting violations of laws on product quality shall be rewarded in accordance with the law.

Article 33.

Any person producing or trading goods that do not meet the published standards; producing or trading goods listed in the Catalogue of Products Required to Apply Vietnamese Standards without conforming to Vietnamese Standards; violating regulations on quality certification, recognition of quality management systems, or other provisions of laws on product quality, shall be administratively punished or criminally prosecuted depending on the nature and severity of the violation, as stipulated by law.

Article 34.

Any person abusing their position or power to violate regulations on the publication, certification of quality, recognition of quality management systems, allowing circulation, export, import of goods listed in the Catalogue of Products Required to Be Inspected before Quality Inspection or failing to meet quality standards after inspection, or engaging in other acts violating laws on product quality, shall be disciplined or criminally prosecuted depending on the nature and severity of the violation, as stipulated by law.

Article 35.

Any person violating laws on product quality causing damage to organizations or individuals, in addition to being handled according to Articles 34 and 35 of this Ordinance, must also compensate for damages in accordance with the law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 36.

This Ordinance takes effect from July 1, 2000.

Article 37.

This Ordinance replaces the Product Quality Ordinance dated December 27, 1990.

Previous regulations contrary to this Ordinance are abolished.

Article 38.

The Government shall promulgate detailed regulations to implement this Ordinance.