Decision No. 2614/QD-BKHCN Regarding the Issuance of Regulations on Publicizing Administrative Procedures and Attitudes, Styles of Civil Servants in Granting Certificates Confirming Eligibility for Consulting and Evaluation Services; Granting Certificates of Quality Management Systems According to TCVN ISO 9001:2000 for State Administrative Agencies.

Pursuant to …;

Regarding the issuance of regulations on publicizing administrative procedures and attitudes, manners of civil servants in issuing certificates confirming eligibility to provide consulting and evaluation services; issuing certificates of quality management systems according to TCVN ISO 9001:2000 for state administrative agencies

prevention of officials and civil servants in issuing certificates confirming eligibility to provide consulting and evaluation services; issuing certificates of quality management systems according to the TCVN ISO 9001:2000 standard for state administrative agencies

provide consultation, evaluation; issue certificates for quality management systems

in accordance with the TCVN ISO 9001:2000 standard for state administrative agencies

___________________________

BỘ TRƯỞNG BỘ KHOA HỌC VÀ CÔNG NGHỆ

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

Pursuant to Decision No. 17/2006/QĐ-BKHCN dated September 12, 2006 of the Minister of Science and Technology on the issuance of "Regulations on consulting, evaluating, and certifying quality management systems according to TCVN ISO 9001:2000 for state administrative agencies";

Considering the proposal of the Director General of the Standardization, Measurement, and Quality Control Department,

Pursuant to …;

Article 1. Attached herewith is the Regulation on publicizing administrative procedures and attitudes, manners of civil servants in issuing Certificates confirming eligibility to provide consulting and evaluation services; issuing Certificates of quality management systems according to TCVN ISO 9001:2000 for state administrative agencies.

Article 2. This Decision takes effect from the date of signature.

Article 3. The Director of the Standardization, Metrology, and Quality Control General Department, heads of units, and relevant civil servants shall be responsible for implementing this Decision.

REGULATIONS

Publicizing administrative procedures and attitudes, manners of civil servants in issuing certificates confirming eligibility to provide consulting and evaluation services; issuing certificates of quality management systems according to TCVN ISO 9001:2000 for state administrative agencies

(Issued together with Decision No. 2614/QĐ-BKHCN dated November 7, 2007 of the Minister of Science and Technology)

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation

This document specifically regulates the publicizing of administrative procedures and attitudes, manners of civil servants in issuing Certificates confirming eligibility to provide consulting and evaluation services; issuing Certificates of quality management systems according to TCVN ISO 9001:2000 for state administrative agencies.

Article 2. Applicability

These regulations apply to the following entities:

1. The Standardization, Metrology, and Quality Control General Department (hereinafter referred to as the General Department) - the state agency managing standards, metrology, and quality that implements the issuance of Certificates confirming eligibility to provide consulting and evaluation services; issuing Certificates of quality management systems according to TCVN ISO 9001:2000 for state administrative agencies (as stipulated in Decision No. 17/2006/QĐ-BKHCN dated September 12, 2006 of the Minister of Science and Technology, hereinafter referred to as Decision No. 17/QĐ-BKHCN).

2. Civil servants receiving and processing files.

Chapter 2:

CONTENTS TO BE PUBLICIZED

Article 3. Publicizing administrative procedures in issuing Certificates confirming eligibility to establish quality management systems according to TCVN ISO 9001:2000 for state administrative agencies

1. For registration of consulting organizations' activities:

a) Consulting organizations meeting the conditions stipulated in Article 4 of Decision No. 17/QĐ-BKHCN submit registration files to the Standardization, Metrology, and Quality Control General Department.

b) Registration files in accordance with Clause 1, Article 6 of Decision No. 17/QĐ-BKHCN.

c) Processing time for files carried out in accordance with Clause 2, Article 6 of Decision No. 17/QĐ-BKHCN.

2. For registration of independent consulting experts:

a) Individuals meeting the conditions stipulated in Article 5 of Decision No. 17/QĐ-BKHCN submit registration files to the Standardization, Metrology, and Quality Control General Department.

b) Registration files in accordance with Clause 1, Article 7 of Decision No. 17/QĐ-BKHCN.

c) Processing time for files carried out in accordance with Clause 2, Article 7 of Decision No. 17/QĐ-BKHCN.

3. Procedures and steps for reissuing Certificates confirming eligibility to provide consulting services for establishing quality management systems:

a) Before the Certificate expires, consulting organizations and independent consulting experts must submit reissue registration files in accordance with Clause 1, Article 8 of Decision No. 17/QĐ-BKHCN to the Standardization, Metrology, and Quality Control General Department.

b) Processing time for files carried out in accordance with Clause 2, Article 8 of Decision No. 17/QĐ-BKHCN.

Article 4. Publicizing administrative procedures for issuing the Certificate of Satisfying Conditions to Conduct Quality Management System Assessment according to TCVN ISO 9001:2000 for state administrative agencies

1. For issuing the Certificate of Satisfying Conditions to Conduct Quality Management System Assessment:

a) An organization that meets the conditions as stipulated in Article 10 of Decision No. 17/QĐ-BKHCN shall submit the registration dossier to the General Department of Standardization, Metrology and Quality.

b) The registration dossier must be complete as prescribed in Clause 1, Article 11 of Decision No. 17/QĐ-BKHCN.

c) The time limit for processing the dossier shall be carried out as prescribed in Clause 2, Article 11 of Decision No. 17/QĐ-BKHCN.

2. For reissuing the Certificate of Satisfying Conditions to Conduct Quality Management System Assessment:

a) Before the Certificate expires, the certification organization must prepare a reissue registration dossier in accordance with Article 12 of Decision No. 17/QĐ-BKHCN and send it to the General Department of Standardization, Metrology and Quality.

b) The time limit for processing the dossier shall be carried out as prescribed in Clause 2, Article 12 of Decision No. 17/QĐ-BKHCN.

Article 5. Publicizing administrative procedures for issuing the Quality Management System Certification according to TCVN ISO 9001:2000 for state administrative agencies

1. State administrative agencies shall prepare and submit the registration dossier for certification in accordance with Clause 1, Article 14 of Decision No. 17/QĐ-BKHCN to the General Department of Standardization, Metrology and Quality.

2. The time limit for processing the dossier shall be carried out as prescribed in Clause 2, Article 14 of Decision No. 17/QĐ-BKHCN.

3. Reissuing the Certificate shall be carried out in accordance with Clause 3, Article 14 of Decision No. 17/QĐ-BKHCN.

Article 6. Forms of Accepting Dossiers and Delivering Results

1. Acceptance of dossiers: The acceptance of dossiers from organizations and individuals who wish to apply for issuance of the Certificate of Satisfying Conditions to Conduct Consultation and Assessment; issuance of the Quality Management System Certification according to TCVN ISO 9001:2000 for state administrative agencies may be carried out in two forms as follows:

a) Directly at the dossier reception unit of the General Department of Standardization, Metrology and Quality.

b) Submission of registration dossiers through postal service. In this case, it is requested that organizations and individuals registering clearly mark on the envelope: registration dossier for issuance of the Certificate of Satisfying Conditions to Conduct Consultation; or registration dossier for issuance of the Certificate of Satisfying Conditions to Conduct Assessment; or registration dossier for issuance of the Quality Management System Certification. The processing and resolution time will be calculated from the date of receipt of the dossier.

2. Delivery of results: Issuance of the Certificate of Satisfying Conditions to Conduct Consultation and Assessment; Quality Management System Certification according to TCVN ISO 9001:2000 for state administrative agencies shall be completed no later than three (3) working days from the date of signature, carried out in two forms as follows:

a) Directly at the dossier reception unit of the General Department of Standardization, Metrology and Quality.

b) Delivery of results through postal service.

Chapter 3:

RESPONSIBILITIES OF THE GENERAL DEPARTMENT OF STANDARDIZATION, METROLOGY AND QUALITY IN ISSUING THE CERTIFICATE OF SATISFYING CONDITIONS TO CONDUCT CONSULTATION AND ASSESSMENT; ISSUING THE QUALITY MANAGEMENT SYSTEM CERTIFICATION ACCORDING TO TCVN ISO 9001:2000 FOR STATE ADMINISTRATIVE AGENCIES

Article 7. Responsibilities for Publicizing Administrative Procedures

1. The General Department of Standardization, Metrology and Quality Control shall publicly announce at the location where files are received and on the Internet the contents stipulated regarding administrative procedures for issuing Certificates confirming eligibility to provide consultancy services, conduct evaluations, and issue Certificates of Quality Management Systems according to the TCVN ISO 9001:2000 standard for state administrative agencies.

2. Units assigned the responsibility for receiving and processing files shall arrange a workspace with signs indicating the location for file submission, a schedule for file receipt and result delivery during the week.

3. In the file reception room, chairs must be provided for visitors and a notice board displaying the contents prescribed in Chapter 2 of this Regulation must be hung up.

4. Staff members with moral integrity, professional competence, and knowledge of laws in their assigned fields shall be arranged to guide and answer inquiries from organizations or individuals seeking clarification.

5. The telephone numbers of the General Department's leadership and the representative of the unit directly receiving files shall be made public for organizations or individuals to contact or report acts causing inconvenience, corruption, or negative behaviors of staff performing their duties.

6. The General Department's leadership and the leadership of units responsible for receiving and processing files shall promptly handle any queries or reports about negative, corrupt, or inconvenient behaviors of subordinates in accordance with the law.

Article 8. Responsibilities for Processing Work

1. Staff members receiving files shall be responsible for:

a) Comparing the files with legal regulations. If the files are incomplete or incorrect according to the regulations, the person receiving the files must provide specific guidance to the file submitter (in person) or via telephone (if submitted through postal service) so that the submitter, consultancy organizations, consultancy experts, and certification organizations can know and supplement relevant documents.

b) When the files are complete according to the regulations, they must be accepted, recorded in the logbook, and a file acceptance receipt issued. The receipt must clearly state the following details: all necessary files have been received, the time, place, and method of delivering results (directly or via postal service). In cases of direct receipt, necessary documents that the recipient must bring along must be notified.

c) Bear responsibility before the head of the unit and the law for accepting files.

2. The leadership of units receiving files shall be responsible for:

a) Reviewing and assessing the files and submitting them to the General Department's leadership for decision-making;

b) Bearing responsibility before the General Department's leadership and the law for the results of the file assessment;

c) Requesting the person responsible for delivering results to deliver the results to the file submitter within the time specified on the file acceptance receipt and implementing file retention procedures as prescribed.

3. The General Department's leadership shall be responsible for reviewing and signing documents within the deadline and adhering to regulations concerning the issuance of Certificates confirming eligibility to provide consultancy services and evaluations; issuing Certificates of Quality Management Systems; bearing responsibility before the Minister and the law for their decisions.

Chapter 4:

ATTITUDE AND CONDUCT OF CIVIL SERVANTS AND HANDLING OF VIOLATIONS

Article 9. Attitude and conduct of civil servants receiving and processing files

1. Civil servants receiving files must wear their civil servant identification card.

2. Civil servants receiving files must have a friendly attitude, provide thorough explanations and guidance on issues that organizations and individuals seeking to register for certification of eligibility to engage in consultancy, evaluation activities, and quality management system certification do not understand.

3. Civil servants receiving and processing files shall not have an arrogant attitude, cause inconvenience, harass the public, nor engage in negative behaviors or abuse their authority for personal gain.

Article 10. Disciplinary measures for civil servants committing violations

1. The Director of the General Department of Standardization, Metrology and Quality Control and the Heads of units responsible for receiving and processing files shall be accountable for negative behaviors, harassment, causing inconvenience, and abusing positions and powers for personal gain by civil servants under their jurisdiction as prescribed by law.

2. Civil servants with an arrogant attitude, harassing behavior, causing inconvenience, or engaging in negative behaviors when receiving and processing files shall be suspended from performing their duties and subject to disciplinary action according to the Civil Servant Law based on the severity of the violation, or may be held criminally liable.

Chapter 5:

IMPLEMENTATION

Article 11. Responsibilities of the Director of the General Department of Standardization, Metrology and Quality Control

The Director of the General Department of Standardization, Metrology and Quality Control is responsible for directing units receiving and processing files and related units and individuals to strictly implement this Regulation.

Article 12. Responsibilities of the Heads of Units under the Ministry of Science and Technology

The Heads of units under the Ministry within their functions, powers, and assigned tasks are responsible for supervising, urging, inspecting, and auditing the implementation of this Regulation.