Circular No. 1907/1999/TT-BKHCNMT 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

 April 12, 1999, concerning trading in goods inspection services

--------------------------------------

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

Pursuant to Decree No. 86/CP dated December 8, 1995 of the Government stipulating the division of responsibilities for state management of product quality;

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, Technology and Environment 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:

1. SCOPE AND APPLICABILITY

1.1 These Circulars specify the conditions, procedures for inspection and issuance of Notification confirming compliance with conditions for enterprises trading in goods inspection services referred to in Point 1.2 of these Circulars to be requested by competent state agencies to conduct inspections for state management purposes.

1.2 These Circulars apply to enterprises trading in goods inspection services as specified in Clause 1, Article 3 of Decree No. 20/1999/NĐ-CP of the Government dated April 12, 1999, specifically enterprises trading in and providing goods inspection services with 100% domestic capital established under current Vietnamese law (hereinafter referred to as Inspection Enterprises).

1.3 The conditions and procedures for inspection and confirmation of compliance with conditions mentioned in Sections 2 and 3 of these Circulars do not apply to technical institutions directly subordinate to ministries responsible for specialized management that have the function of inspecting product quality for state management purposes (hereinafter referred to as Inspection Agencies).

1.4 Along with Inspection Agencies, Inspection Enterprises, after being inspected and issued a Notification confirming compliance with conditions, will be permitted to conduct inspections for state management purposes upon formal written requests for inspection from competent state agencies.

2. Conditions for Inspection Enterprises to be Requested

Inspection Enterprises requested by competent state agencies to conduct inspections for state management purposes must meet the following conditions:

2.1- Possess one of the following certificates (still within their validity period):

a) Certificate recognizing a quality assurance system in accordance with Vietnamese Standard TCVN - ISO 9000;

b) Certificate recognizing an inspection organization in accordance with Vietnamese Standard TCVN 5957 - 1995 (corresponding to ISO 17020);

c) Certificate recognizing a testing laboratory in accordance with Vietnamese Standard TCVN 5958 - 1995 (corresponding to ISO 17025).

2.2 Have inspectors and technical equipment capable of testing the main important criteria of the types of goods registered for inspection.

3. Procedures for Inspection and Confirmation of Compliance with Conditions for Conducting Inspections for State Management Purposes

3.1- The Ministry of Science, Technology and Environment assigns the General Department of Standards, Metrology and Quality Control (hereinafter referred to as the General Department TCĐLCL) to organize the implementation of inspection of inspection conditions and issuance of Notifications confirming compliance with inspection conditions for state management purposes.

3.2- If Inspection Enterprises wish to conduct inspections for state management purposes, they must submit the required documents to the General Department of Standards, Metrology and Quality Control. The documents include:

a) Application for inspection of inspection conditions for state management purposes (as prescribed in Appendix 1 of these Circulars);

b) A certified copy of the Business Registration Certificate;

c) A certified copy of one of the certificates specified in Point 2.1 of these Circulars;

d) List of inspectors (as prescribed in Appendix 2 of these Circulars).

đ) List of major testing equipment (as prescribed in Appendix 3 of these Circulars).

3.3- Procedure for inspection and confirmation of compliance with inspection conditions for state management purposes:

3.3.1- If the submitted documents are incomplete or invalid, the General Department of Standards, Metrology and Quality Control will notify the Inspection Enterprise in writing within three days from the date of receipt of the documents to supplement them.

3.3.2- Within seven days from the date of receipt of complete and valid documents, the General Department TCĐLCL will complete the inspection of conditions as specified in Section 2 of these Circulars for Inspection Enterprises. In cases where the goods registered for inspection by Inspection Enterprises are special goods (as defined in Decree No. 86/CP of the Government dated December 8, 1995), the inspection will involve representatives from relevant ministries.

3.3.2.1- Based on the inspection results, the General Department TCĐLCL will issue a Notification confirming compliance with conditions for conducting inspections for state management purposes for Inspection Enterprises, and simultaneously notify in writing the relevant competent state agencies to provide a basis and grounds for conducting inspections when necessary. The format of the Notification confirming compliance with conditions for conducting inspections for state management purposes is specified in Appendix 4 of these Circulars.

This Notification does not replace the formal request for inspection from competent state agencies.

3.3.2.2- In cases where Inspection Enterprises fail to meet the conditions specified in Section 2 of these Circulars, the General Department TCĐLCL will notify the enterprise in writing to take corrective measures. After implementing corrective measures, the enterprise may request re-inspection.

3.4- When there are changes to the conditions specified in Section 2 of these Circulars compared to the time of inspection, Inspection Enterprises must immediately notify the General Department TCĐLCL in writing. The General Department TCĐLCL has the responsibility to organize a re-inspection to issue appropriate supplementary notifications.

3.5- Inspection Enterprises must pay inspection fees as prescribed by the State.

4. Post-Issuance of Notification Confirming Compliance with Conditions for Conducting Inspections for State Management Purposes

4.1- The General Department TCĐLCL conducts annual inspections of Inspection Enterprises confirmed to comply with conditions for conducting inspections for state management purposes; or may conduct surprise inspections when there are complaints from related parties about the inspection results. In cases where the goods inspected by Inspection Enterprises are special goods, this inspection involves representatives from the relevant ministry.

4.2- On the basis of the inspection results, if the appraisal enterprise does not meet the conditions prescribed in this Circular, the General Department of Quality Inspection shall issue a Notice to revoke the effectiveness of the Notice confirming compliance previously issued, and at the same time notify in writing to the competent state agencies specified in point 3.3.2.1 of this Circular.

4.3- The appraisal enterprise has the right to lodge complaints in accordance with the Law on Complaints and Petitions dated December 2, 1998 against violations of the provisions of this Circular by officials, civil servants, and agencies during the process of inspection and issuance of the Notice confirming compliance for performing product appraisals for state management.

5. Implementation

5.1- The competent state authority may request the inspection agency or the appraisal enterprise that meets the conditions to perform product appraisals for state management as assigned.

5.2- The competent state authority shall carry out the request for appraisal in writing, which must include the following contents in addition to other necessary information:

a) Name of the goods subject to appraisal;

b) Appraisal content (specify criteria and requirements);

c) Inspection and testing methods;

d) Deadline.

5.3- Within no more than two (2) days from the date of receipt of the Request for Appraisal, the inspection agency or the appraisal enterprise shall be responsible for responding in writing to the requesting agency regarding their ability to implement the requested appraisal contents.

5.4- Provisions concerning the appraisal certificate, the legal validity of the appraisal certificate, and re-appraisal of the appraisal certificate's results 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.

5.5- The appraisal fee shall be paid by the requesting agency to the inspection agency or the appraisal enterprise based on mutual agreement between both parties.

6. Implementation Provisions

6.1- This Circular shall take effect fifteen (15) days from the date of issuance.

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