Circular No. 21/2010/TT-BXD guiding the certification of conformity and declaration of conformity for construction materials products and goods

CIRCULAR

Guidelines for certification and declaration of conformity for construction materials products and goods

 construction materials products and goods

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Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing some provisions of the Law on Product Quality and Goods;

Pursuant to Decree No. 67/2009/ND-CP dated August 3, 2009 of the Government amending some articles of Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government detailing the implementation of some provisions of the Law on Technical Standards and Regulations and Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of some provisions of the Law on Product Quality and Goods.

The Ministry of Construction guides the certification and declaration of conformity for construction materials products and goods as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the certification and declaration of conformity for construction materials products and goods in importation, production, circulation in the market, and use in construction projects.

Activities related to certification and declaration of conformity for construction materials products and goods shall be guided by the Ministry of Science and Technology.

Article 2. Applicability

This Circular applies to organizations and individuals involved in activities related to certification and declaration of conformity for construction materials products and goods.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Certification of conformity is the act of confirming that construction materials products and goods comply with technical regulations or mandatory technical standards before they are converted into technical regulations.

2. Declaration of conformity is the act of organizations and individuals declaring that construction materials products and goods comply with technical regulations or mandatory technical standards before they are converted into technical regulations.

Construction materials products and goods include types of construction materials products and goods that have the potential to cause safety hazards (products and goods group 2 according to Clause 4, Article 3 of the Law on Product Quality and Goods) under transportation, storage, and use in construction projects, posing risks to people and construction projects, and the surrounding environment.

An organization for certification of conformity is an organization that carries out the evaluation and confirmation of construction materials products and goods complying with the requirements of technical regulations or mandatory technical standards before they are converted into technical regulations.

Article 4. Certification of conformity, declaration of conformity

1. Certification of conformity and declaration of conformity are mandatory activities for organizations and individuals whose construction materials products and goods are subject to corresponding technical regulations or mandatory technical standards before they are converted into technical regulations.

2. Activities of certification of conformity and declaration of conformity shall be carried out in accordance with the "Regulations on certification of standard compliance, certification of conformity, and declaration of standard compliance, declaration of conformity" issued together with Decision No. 24/2007/QĐ-BKHCN dated September 28, 2007 of the Ministry of Science and Technology and the guidelines set forth in this Circular.

Chapter II

CERTIFICATION OF CONFORMITY

Article 5. Requirements for organizations for certification of conformity

1. Organizations for certification of conformity must have valid certificates regarding quality management systems according to ISO 9001; must have the capability to certify construction materials products and goods in compliance with the requirements of technical regulations.

2. For organizations with specialized construction laboratories (LAS-XD) recognized, if their testing capabilities meet the requirements of technical regulations for construction materials products and goods, they shall be deemed to have the capability to conduct certification activities as stipulated in Clause 1 of this Article.

3. Organizations for certification must have at least three full-time assessors (civil servants or employees under labor contracts of twelve months or more or indefinite-term labor contracts) of the organization, holding bachelor's degrees or higher and having expertise relevant to the certification of construction materials products and goods, with at least three years of work experience in this field.

Article 6. Designation and Public Announcement of Conformity Assessment Bodies

1. Based on the compliance with management system requirements and laboratory capabilities under Article 5 of this Circular, the Ministry of Construction shall issue a decision to designate conformity assessment bodies for construction materials products and goods.

2. Publicly announce on the electronic information website of the Ministry of Construction and localities: The list of organizations and experts within designated conformity assessment bodies; The list of organizations and experts within conformity assessment bodies that have been penalized for violations of current regulations on conformity assessment activities.

Chapter III

IMPLEMENTATION

Article 7. Responsibilities of Management Authorities

1. The Department of Science, Technology and Environment (Ministry of Construction) is the lead agency managing conformity assessment activities for construction materials products and goods:

- Guide conformity assessment activities; Organize reviews, amendments, and supplements to national technical standards for construction materials products and goods;

- Inspect, evaluate capacity, and propose the Ministry of Construction to issue decisions on designation and public announcement of conformity assessment bodies; Monitor and compile the situation of conformity assessment body operations;

- Organize the development of technical standards for construction materials products and goods.

2. The Department of Construction Materials (Ministry of Construction) is responsible for:

- Monitoring and compiling the management situation of registration conformity activities of provinces and centrally governed cities;

- Compiling the situation of conformity assessment and public announcement activities; List of construction materials products and goods that have been publicly announced as conforming;

- Coordinate with relevant agencies to organize inspections and checks on conformity assessment and public announcement activities for construction materials products and goods.

3. Provincial Construction Departments have the responsibility:

- To accept declarations of conformity from organizations and individuals regarding construction materials products and goods;

- Manage conformity assessment activities according to this Circular within their jurisdiction; Compile the situation of conformity assessments, list of construction materials products and goods that have been publicly announced as conforming in their locality, and report to the Ministry of Construction every six months;

- Organize inspections and checks on conformity assessment and public announcement activities for construction materials products and goods within their jurisdiction.

Article 8. Implementation clause

1. This Circular shall take effect 45 days from the date of signature.

2. During the implementation of this Circular, if there are any issues or difficulties, they should be promptly reported to the Ministry of Construction for research, adjustment, or supplementation./.