Decision No. 2425/2000/QĐ-BKHCNMT on the issuance of the "Provisional Regulations on Announcing Product Quality Standards"

DECISION OF THE MINISTER
MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

Regarding the issuance

"Provisional Regulations on Announcing Product Quality Standards"

THE MINISTER

MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT

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

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 the opinion of the Prime Minister in Circular No. 5397/VPCP-KG dated December 11, 2000 regarding the issuance of provisional regulations guiding the implementation of the Ordinance on Product Quality;

At the request of the Director General of the Standardization, Measurement, and Quality Control Department,

DECISION:

Article 1. Issued with this Decision are the "Provisional Regulations on Announcing Product Quality Standards".

Article 2. The General Bureau of Standardization, Metrology and Quality Control and relevant State agencies shall organize, guide, and inspect the implementation of this Decision.

Article 3. The Director of the General Department of Standardization, Metrology, and Quality Control and relevant organizations and individuals shall be responsible for implementing this Decision.

Article 4. This Decision takes effect from January 1, 2001.

TEMPORARY PROVISIONS

On Announcing Product Quality Standards

(Issued together with Decision No. 2425/2000/QĐ-BKHCNMT

dated December 12, 2000 of the Minister of Science, Technology and Environment)

1. Scope and Applicability

1.1. These provisions guide organizations and individuals engaged in production and business operations (hereinafter referred to collectively as Enterprises) to announce product quality standards (hereinafter referred to as announcing standards) to implement and be responsible for the product quality standards they announce according to Articles 10 and 20 of the Ordinance on Product Quality.

1.2. Announcing standards under these provisions include the Enterprise establishing a basic standard or accepting another standard as the basis for their own product production and business operations, and notifying the competent state management agency.

1.3. The objects subject to these provisions are Enterprises that produce and process products on an industrial scale within the list specified by the Ministry of Science, Technology and Environment in Appendix 1 of these provisions.

This list will be supplemented and amended in a timely manner based on the requirements of state management.

Encouragement is given to the announcement of product quality standards under these provisions for the following objects:

- Products produced and processed manually (without using technological equipment).

- Raw materials and semi-finished products within the production process of products within the Enterprise.

2. Product quality standards announced

2.1. Product quality standards announced (hereinafter referred to as announced standards) include:

- Basic standards established by the Enterprise itself.

- Other standards, including Vietnamese Standards, Industry Standards, International or Regional Standards, and Foreign Standards accepted by the Enterprise for application to its products.

The content of the announced standards must not conflict with national regulations issued by competent state agencies.

2.2. Technical requirements for products stated in the standards mentioned in Point 2.1 must be capable of being determined, evaluated, or verified through appropriate methods.

2.3. The content and procedures for establishing basic standards are carried out in accordance with the guidance of the General Bureau of Standardization, Metrology and Quality Control.

3. Procedures for announcing standards

3.1. Enterprises announce their product quality standards by submitting a "Notice of Announcement" according to the model in Appendix 2 of these provisions.

3.2. Enterprises submit the Notice of Announcement along with a copy of the standard mentioned in Point 2.1 of

these provisions to the following agencies:

- Provincial or Municipal Standardization, Metrology and Quality Control Branches where the Enterprise has its main office.

- For special products under the quality management scope of specialized ministries according to the division of responsibilities stipulated in Decree No. 86/CP dated December 8, 1995 of the Government on the division of responsibilities for state management of product quality, Enterprises also submit an additional set of documents to the local quality management agency designated by the specialized ministries.

3.3. The agency mentioned in Point 3.2 is responsible for receiving the Notice of Announcement along with a copy of the standard; checking the compliance of the standard with national regulations. If there is no feedback from the agency within 15 days of receipt of the Notice of Announcement, the Enterprise's announcement of the standard is considered valid. The management agency maintains a record of the Enterprise's standard announcements.

4. Responsibilities of Enterprises in announcing standards

4.1. Ensuring that the announced standards comply with the requirements at Point 2.1 and providing accurate information about the announced standards.

4.2. Ensuring necessary conditions (technical infrastructure, human resources, organizational management...) for the quality of their products to meet the announced standards.

4.3. Ensuring that the quality of their products meets the announced quality standards, conducting quality checks, and being responsible for the quality of their products.

5. Inspection, supervision, and handling violations

5.1. Competent state agencies will conduct inspections, supervision, and handle violations related to announcing standards according to these provisions and other current regulations.

5.2. Organizations and individuals violating the regulations on announcing standards will be dealt with according to the law depending on the nature and severity of the violation.

5.2. Organizations and individuals violating regulations on the publication of standards shall be subject to legal proceedings according to the nature and extent of their violations as provided by law.