Circular No. 23/2009/TT-BKHCN stipulates the uniform use of quality marks for motorcycle helmets for motorcyclists and bicycle riders.

CIRCULAR

Regulations on the uniform use of quality marks for motorcycle helmets

 for motorcyclists and bicycle riders

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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. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Based on Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

Pursuant to Decision No. 04/2008/QĐ-BKHCN dated April 28, 2008 of the Ministry of Science and Technology promulgating the National Technical Regulation on motorcycle helmets for motorcyclists and bicycle riders (QCVN 2:2008/BKHCN);

The Minister of Science and Technology hereby stipulates the regulations on the uniform use of quality marks for motorcycle helmets for motorcyclists and bicycle riders as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate the use of quality marks for motorcycle helmets for motorcyclists and bicycle riders (hereinafter referred to as motorcycle helmets) and the method of converting quality marks for domestically produced and imported motorcycle helmets before November 15, 2008 that have been affixed with marks meeting standards (CS mark) and motorcycle helmets bearing the label "tested" to use the conformity mark CR.

Article 2. Applicability

This Circular applies to the following entities:

1. Organizations and individuals producing and trading in motorcycle helmets (including manufacturers, importers, wholesalers, retailers of motorcycle helmets).

2. Technical Standard Measurement Quality Centers under the General Department of Standardization, Measurement, and Quality Control.

3. Provincial and centrally-administered city Standard Measurement Quality Control Agencies.

4. Market management agencies of provinces and centrally-administered cities.

5. Relevant state management agencies.

Article 3. Explanation of Terms

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

1. A quality mark is a mark indicating that motorcycle helmets have complied with national regulations on quality management, including:

a) The CS mark, indicating that domestically produced motorcycle helmets have been announced as meeting standards according to Decision No. 51/2001/QĐ-BKHCNMT dated October 8, 2001 of the Minister of Science, Technology, and Environment (now the Ministry of Science and Technology).

b) The "tested" label, indicating that imported motorcycle helmets have been tested for quality according to Decision No. 52/2001/QĐ-BKHCNMT dated October 8, 2001 of the Minister of Science, Technology, and Environment (now the Ministry of Science and Technology).

c) The CR mark, indicating that domestically produced and imported motorcycle helmets have been announced as conforming to regulations and certified as conforming to regulations according to the provisions of the National Technical Regulation QCVN 2:2008/BKHCN.

2. Motorcycle helmets with clear origin and place of manufacture are motorcycle helmets with helmet labels containing information about the name and address of the production facility or the name and address of the organization or individual importing and distributing them; month and year of production; country of origin (for imported motorcycle helmets).

Chapter II

REGULATIONS ON THE USE AND CONVERSION OF QUALITY MARKS FOR MOTORCYCLE HELMETS

QUALITY OF SAFETY HELMETS

Article 4. Uniform use of quality marks for motorcycle helmets

As of July 1, 2010, the CS mark and the "tested" label will cease to be valid for use. From this date onwards, all motorcycle helmets produced, imported, and traded on the market will uniformly use the conformity mark CR.

Article 5. Principles for converting quality marks and handling violations

1. The conversion of quality marks shall only apply to motorcycle helmets with clear origin and place of manufacture that were produced or imported before November 15, 2008 and have standard compliance announcement files at the Provincial and Centrally-Administered City Standard Measurement Quality Control Agencies or quality inspection files for imported motorcycle helmets stored at one of the Technical Standard Measurement Quality Control Centers.

2. The conversion of quality marks shall not apply in the following cases:

a) Motorcycle helmets with clear origin and place of manufacture that were produced or imported after November 15, 2008.

b) Motorcycle helmets with clear origin and place of manufacture but without standard compliance announcement files at the Provincial and Centrally-Administered City Standard Measurement Quality Control Agencies or quality inspection files for imported motorcycle helmets stored at one of the Technical Standard Measurement Quality Control Centers.

c) Motorcycle helmets with unclear origin and place of manufacture that were produced or imported before or after November 15, 2008.

3. Motorcycle helmets specified in Clause 2 of this Article will be handled according to the provisions of the law on substandard goods, counterfeit goods, goods without origin, and goods violating the law.

Article 6. Method for converting quality marks on motorcycle helmets with CS labels or "inspected" stickers remaining in production and business

1. Organizations and individuals producing and trading motorcycle helmets shall compile and report the quantity of helmets bearing CS labels or "inspected" stickers remaining in stock according to the model prescribed in the Appendix of this Circular and notify the Provincial or Municipal Standard Measurement Quality Control Agency within their jurisdiction to receive guidance on switching to CR labels.

2. Based on the reports of organizations and individuals producing and trading as stipulated in Clause 1 of this Article, the Provincial or Municipal Standard Measurement Quality Control Agency shall implement the following steps:

a) Classify and tally the number of helmets according to the name of the manufacturing facility indicated on the helmet label (for domestically produced helmets with CS labels), or according to the name of the Technical Standard Measurement Quality Control Center that has inspected the quality (for imported helmets with "inspected" stickers).

b) Conduct inspections and review conformity declaration files for helmets bearing CS labels stored at the Agency or contact the Standard Measurement Quality Control Agency where the organization or individual producing and trading has conducted the conformity declaration.

For helmets with valid conformity declaration files, the Standard Measurement Quality Control Agency shall notify the quantity of helmets with CS labels to one of the Technical Standard Measurement Quality Control Centers and guide the organization or individual producing and trading to bring the helmets to the Technical Standard Measurement Quality Control Center to carry out the conversion to CR labels.

c) For helmets with "inspected" stickers, the Standard Measurement Quality Control Agency shall notify the quantity and serial number of the stickers on the helmets to the corresponding Technical Standard Measurement Quality Control Center for import file inspection. If it matches the import file, the Standard Measurement Quality Control Agency shall guide the organization or individual producing and trading to transfer the helmets to the Technical Standard Measurement Quality Control Center to carry out the conversion to CR labels.

3. The Technical Standard Measurement Quality Control Centers shall issue certification for batches of products for helmets with CS labels or "inspected" stickers converted to CR labels pursuant to Decision No. 24/2007/QĐ-BKHCN dated September 28, 2007 of the Minister of Science and Technology regarding conformity certification and declaration.

If the helmets meet technical requirements under National Technical Regulation QCVN 2:2008/BKHCN, the Technical Standard Measurement Quality Control Center shall issue a Conformity Certification and guide the organization or individual producing and trading to affix CR labels on the helmets.

If they do not meet quality standards, the Technical Standard Measurement Quality Control Center shall issue a Notice of Non-Conforming Batches and notify the Provincial or Municipal Standard Measurement Quality Control Agency, the organization or individual producing and trading, and simultaneously report to the National Standard Measurement Quality Control Administration for handling in accordance with regulations for non-conforming national technical standards.

Chapter III
IMPLEMENTATION

Article 7. Responsibilities of Provincial and Municipal Standard Measurement Quality Control Agencies and Technical Standard Measurement Quality Control Centers

1. Implement the conversion of quality marks for the types of helmets specified in Clause 1 of Article 5 of this Circular.

2. Coordinate with Market Management Agencies and Science and Technology Departments' Inspectors in provinces and cities to handle non-conforming goods, counterfeit goods, goods without origin, and goods violating laws as stipulated in Clause 2 of Article 5 of this Circular.

Article 8. Responsibilities of organizations and individuals producing and trading

1. To compile statistics and prepare reports on the quantity of helmets bearing the CS mark or affixed with a "checked" label that remain in stock for conversion to bear the CR mark.

2. To carry out the conversion of helmets bearing the CS mark or affixed with a "checked" label to bear the CR mark in accordance with the guidance provided by relevant agencies as stipulated in this Circular.

3. To comply with the provisions of this Circular regarding the use of quality marks for helmets.

4. To be responsible for the quality of helmets that have been converted to bear the CR mark when circulating in the market.

Article 9. Effective Date

This Circular shall take effect forty-five days from the date of issuance.

Article 10. Implementation Organization

1. The General Department of Standardization, Metrology, and Quality Control shall organize the implementation of this Circular and shall be primarily responsible for coordinating with market management agencies to implement inspection, supervision, and handling of violations of laws by organizations and individuals producing and trading in helmets according to this Circular and related current regulations.

Organizations and individuals producing and trading in helmets who violate the provisions of this Circular shall be subject to legal sanctions depending on the nature and severity of the violation.

2. During the implementation process, if there are any difficulties, relevant agencies, organizations, and individuals should promptly report them to the Ministry of Science and Technology (General Department of Standardization, Metrology, and Quality Control) for consideration and resolution.