Circular No. 27/2019/TT-BKHCN detailing implementation of certain provisions of Government Decree No. 132/2008/NĐ-CP dated December 31, 2008 and Government Decree No. 74/2018/NĐ-CP dated May 15, 2018 on National Quality Award

CIRCULAR

REGULATION detailing the implementation of certain provisions Decree No. 132/2008/NĐ-CP

dated December 31, 2008 and Government Decree No. Decree No. 74/2018/NĐ-CP dated May 15

2018of the Government on the National Quality Award

_____________________

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

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product and Service Quality and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product and Service Quality;

At the proposal of the Director General of the National Standardization, Metrology and Quality Control Department and the Head of the Legal Affairs Department;

The Minister of Science and Technology issues this Circular detailing the implementation of certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government on the National Quality Award.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation of certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government on the National Quality Award, including:

1. Criteria and scoring for the National Quality Award;

2. System of organizations and activities of the National Quality Award;

3. Granting the National Quality Award;

4. Nomination for participation in the Asia-Pacific Quality Organization's Asia-Pacific Quality Award.

Article 2. Applicability

This Circular applies to:

1. Organizations and enterprises participating in the National Quality Award include the following types:

a) Large-scale production;

b) Small and medium-sized production;

c) Large-scale service;

d) Small and medium-sized service.

2. State management agencies and related organizations and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. The type of organization or enterprise "large-scale production" and "large-scale service" (as defined in point a and c, Clause 1, Article 2 of this Circular) is an organization or enterprise employing more than 250 regular employees (contracts of at least one year).

2. The type of organization or enterprise "small and medium-sized production" and "small and medium-sized service" (as defined in point b and d, Clause 1, Article 2 of this Circular) is an organization or enterprise employing not more than 250 regular employees (contracts of at least one year).

3. GTCLQG is the abbreviation for the National Quality Award;

4. APQO is the abbreviation for the Asia-Pacific Quality Organization;

5. GPEA is the abbreviation for the Asia-Pacific Quality Award.

Article 4. Organizations and enterprises participating in the GTCLQG

1. Organizations and enterprises with legal personality that have continuously engaged in production, business, and services in Vietnam and have not violated Vietnamese laws for at least 36 months prior to the date of registration to participate in the GTCLQG.

2. Organizations and enterprises that have won the National Quality Award as stipulated in Clause 1, Article 25 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product and Service Quality (hereinafter referred to as Decree No. 132/2008/NĐ-CP), amended and supplemented in Clause 12, Article 1 of Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product and Service Quality (hereinafter referred to as Decree No. 74/2018/NĐ-CP) are not limited in the number of times and duration of participation of organizations and enterprises that have won the National Quality Award.

3. Organizations and enterprises that have won the National Quality Gold Award as stipulated in Clause 1, Article 25 of Decree No. 132/2008/NĐ-CP, amended and supplemented in Clause 12, Article 1 of Decree No. 74/2018/NĐ-CP, may re-participate in the GTCLQG two years after receiving the National Quality Gold Award from the Prime Minister.

Article 5. Criteria for evaluation and scoring of the National Quality Award

1. Leadership role: 120 points.

2. Business strategy: 85 points.

3. Customer and market-oriented policies: 85 points.

4. Measurement, analysis, and knowledge management: 90 points.

5. Human resource management: 85 points.

6. Process management: 85 points.

7. Operational results: 450 points.

Chapter II

SYSTEM OF ORGANIZATIONAL ACTIVITIES

NATIONAL QUALITY AWARD

Article 6. Management and administration of the National Quality Award

1. The Ministry of Science and Technology assists the Government in uniformly managing the State's affairs regarding the Quality Award, performing the tasks and powers stipulated in Clause 1 of Article 27a of Decree No. 132/2008/ND-CP amended and supplemented in Clause 12 of Article 1 of Decree No. 74/2018/ND-CP.

2. The General Department of Standardization, Metrology and Quality Control is the Standing Office of the National Quality Award, performing the tasks and powers stipulated in Clause 2 of Article 27a of Decree No. 132/2008/ND-CP amended and supplemented in Clause 12 of Article 1 of Decree No. 74/2018/ND-CP.

3. Ministries and sectors perform the tasks and powers stipulated in Clause 3 of Article 27a of Decree No. 132/2008/ND-CP amended and supplemented in Clause 12 of Article 1 of Decree No. 74/2018/ND-CP, carrying out the following steps:

a) Designate the Standing Office of the National Quality Award to take the lead in organizing the annual implementation of the National Quality Award within their scope of management according to the organization plan of the Ministry of Science and Technology;

b) Establish a preliminary selection council at the ministry or sector level with the written agreement of the Ministry of Science and Technology to review and evaluate organizations and enterprises under their specialized management.

4. Provincial People's Committees and municipal people's committees directly under the central government perform the tasks and powers stipulated in Clause 4 of Article 27a of Decree No. 132/2008/ND-CP amended and supplemented in Clause 12 of Article 1 of Decree No. 74/2018/ND-CP. The advisory body assisting the provincial or municipal people's committee in science and technology management on the local territory is the Standing Office of the National Quality Award in that locality.

Article 7. Award Councils at various levels

1. Preliminary Selection Council

a) The composition and tasks of the Preliminary Selection Council shall be implemented in accordance with the provisions of Clause 27b of Decree No. 132/2008/NĐ-CP amended and supplemented by Clause 12 of Article 1 of Decree No. 74/2018/NĐ-CP.

b) The Chairman of the Preliminary Selection Council at the provincial level is a representative of the leadership of the agency providing advisory services and assisting the People's Committee of the province or centrally governed city in managing science and technology within their jurisdiction.

The Chairman of the Preliminary Selection Council at the ministry or sector level is a representative of the leadership of the ministry or sector organizing the preliminary selection.

c) The Secretary of the Preliminary Selection Council at the provincial level is an officer from the Standardization, Metrology and Quality Control Agency or a representative of the permanent office of the National Quality Award at the locality included in the list of members of the Preliminary Selection Council decided by the permanent office of the National Quality Award.

The Secretary of the Preliminary Selection Council at the ministry or sector level is a representative of the permanent office of the National Quality Award of the ministry or sector included in the list of members of the Preliminary Selection Council established by the ministry or sector.

2. National Council

a) The composition and tasks of the National Council shall be implemented in accordance with the provisions of Clause 27c of Decree No. 132/2008/NĐ-CP amended and supplemented by Clause 12 of Article 1 of Decree No. 74/2018/NĐ-CP.

b) The Chairman of the National Council is a representative of the leadership of the Ministry of Science and Technology.

c) The Secretary of the National Council is a representative of the permanent office of the National Quality Award.

3. Award Councils at various levels conduct work ensuring the following requirements:

a) The Chairman of the Award Council controls the sessions of the Council. In case the Chairman is absent, the Vice-Chairman will represent the Chairman to control the sessions of the Council;

b) The Award Council operates based on the consensus of the attending members. Each session of the Council must have at least two-thirds of the members present. Conclusions of the Council are valid when at least three-quarters of the attending members agree.

Chapter III

PROCEDURE FOR EVALUATION AND APPLICATION FOR AWARD

NATIONAL QUALITY AWARD

Article 8. Evaluation Procedure of the Preliminary Selection Council

1. The Preliminary Selection Council conducts examination and evaluation of organizations and enterprises participating in the National Quality Award according to two steps stipulated in Article 28 of Decree No. 132/2008/NĐ-CP amended and supplemented by Clause 12 of Article 1 of Decree No. 74/2018/NĐ-CP.

a) Step 1: Evaluate the application

The Preliminary Selection Council proposes the corresponding permanent office of the National Quality Award at the locality or ministry/sector to establish a team of experts to evaluate the applications for the National Quality Award of the organizations and enterprises. The team of experts consists of at least three (3) evaluators who independently carry out the evaluation. After the evaluation, the team of experts prepares a unified evaluation report.

b) Step 2: On-site evaluation at the organization or enterprise

The Preliminary Selection Council proposes the corresponding permanent office of the National Quality Award to dispatch an evaluation team consisting of representatives of the Preliminary Selection Council and at least three evaluators to conduct on-site evaluations at the organizations and enterprises participating in the National Quality Award. The evaluation team is responsible for preparing an evaluation record to supplement the evaluation result file.

2. Based on the results of the evaluation from the application and on-site evaluation, the Preliminary Selection Council proposes a list of organizations and enterprises meeting the conditions for the National Quality Award and sends the proposal file to the permanent office of the National Quality Award at the locality and ministry/sector.

3. Based on the evaluation results and the proposal of the Preliminary Selection Council, the permanent office of the National Quality Award at the locality and ministry/sector compiles and completes the proposal file to send to the permanent office of the National Quality Award (Standardization, Metrology and Quality Control Bureau) in accordance with Clause 2 of Article 28 of Decree No. 132/2008/NĐ-CP amended and supplemented by Clause 12 of Article 1 of Decree No. 74/2018/NĐ-CP.

Article 9. National Council Evaluation Process

1. The National Council receives the dossier from the Preliminary Council through the General Department for Quality Management and coordinates to implement activities:

a) Proposing the General Department for Quality Management to establish specialized teams to review and assess the dossiers and related documents of organizations and enterprises proposed for awards by the Preliminary Council;

b) Proposing the General Department for Quality Management to dispatch evaluation teams (if necessary) to conduct evaluations and assessments at organizations and enterprises to supplement information as a basis for award proposals.

2. Based on the results of dossier reviews and assessments and on-site evaluations, the National Council proceeds with:

a) Proposing a list of organizations and enterprises recommended for awards;

b) Requesting the General Department for Quality Management to seek concurrence opinions from ministries, sectors, provincial People's Committees, and centrally governed city People's Committees regarding the dossiers of organizations and enterprises eligible to participate in the National Quality Award according to specific cases. Ministries, sectors, and provincial People's Committees, and centrally governed city People's Committees shall provide written responses within fifteen working days from the date of receipt of the request for concurrence;

c) Notifying the General Department for Quality Management about the results of dossier reviews and assessments and award proposal recommendations to send notification letters to the Preliminary Council and the organizations and enterprises proposed for awards.

Article 10. Procedures for Award Recommendation

1. Based on the National Council's results, the General Department for Quality Management completes the dossier for submission to the Minister of Science and Technology (through the specialized agency responsible for competition and commendation within the Ministry) for consideration and recommendation to the Prime Minister to confer the National Quality Award and the Prime Minister's Commendation.

2. The dossier submitted to the Minister of Science and Technology shall be implemented in accordance with point c, Clause 3, Article 28 of Decree No. 132/2008/ND-CP, amended and supplemented by Clause 12, Article 1 of Decree No. 74/2018/ND-CP.

Article 11. Benefits for Organizations and Enterprises Receiving the National Quality Award

1. Organizations and enterprises receiving the National Quality Award enjoy benefits as stipulated in Article 30 of Decree No. 132/2008/ND-CP, amended and supplemented by Clause 12, Article 1 of Decree No. 74/2018/ND-CP.

2. Organizations and enterprises receiving the National Quality Award shall be awarded the Cup and Certificate of the Minister of Science and Technology. The model of the National Quality Award Cup and the certificate template for organizations and enterprises receiving the award shall be implemented in accordance with the annex attached to this Circular.

3. Organizations and enterprises receiving the National Quality Gold Award shall be recommended by the Prime Minister to be awarded the Commendation based on their total scores from highest to lowest.

Chapter IV

 NOMINATION FOR INTERNATIONAL QUALITY AWARD PARTICIPATION

ASIA-PACIFIC QUALITY AWARDS

Article 12. Participation in APQO

The General Department for Standardization, Metrology, and Quality Control represents Vietnam as a formal member of APQO and pays annual membership fees as prescribed by the organization; implements international cooperation on quality awards in accordance with the law; nominates organizations and enterprises to participate in the GPEA organized annually by APQO.

Article 13. Criteria for Participation in GPEA

Organizations and enterprises participating in GPEA must meet the following criteria:

1. An outstanding organization or enterprise that has been awarded the National Quality Gold Award in one of the two most recent years prior to the year of application for participation. During these two years, the organization or enterprise has not received the GPEA;

2. The organization or enterprise is reviewed and selected by the General Department for Standardization, Metrology, and Quality Control and nominated to the GPEA Council of APQO;

3. Fully comply with responsibilities and obligations prescribed by APQO and competent state management agencies.

Article 14. Tasks of the General Department of Standards Metrology and Quality Control to organize the nomination of organizations and enterprises to participate in the GPEA of APQO.

1. Conduct examination, selection, and nomination of organizations and enterprises that meet the criteria stipulated in Article 13 of this Circular.

2. Guide organizations and enterprises to establish participation files in accordance with regulations.

3. Notify organizations and enterprises of the award results and organize the Vietnamese delegation to receive the GPEA.

4. Publicly announce the award results on mass media, on websites under the Ministry of Science and Technology's electronic portal, the General Department of Standards Metrology and Quality Control’s website on National Quality Day, and organize a ceremony to honor organizations and enterprises that have won awards in Vietnam.

5. Organize detailed guidance on participation conditions; award criteria; types of participating organizations and enterprises; award forms; participation files; procedures and formalities for examination, evaluation, and nomination; the emblem of the National Quality Day according to the Logo Model of the National Quality Award for winning organizations and enterprises as prescribed in the Appendix issued together with this Circular; rights and obligations of participating and winning organizations and enterprises in accordance with the provisions of the National Quality Day and APQO.

Chapter V

IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Science and Technology

1. Establish the National Council.

2. Propose the Prime Minister to present the National Quality Award and commendation certificates from the Prime Minister to organizations and enterprises.

3. Ensure funding for the permanent agency of the National Quality Day and the National Council.

4. Designate the permanent agency of the National Quality Day to take the lead in organizing the annual implementation of the National Quality Day.

Article 16. Responsibilities of the Permanent Agency of the National Quality Day.

1. Establish the Preliminary Selection Council at the local level.

2. Propose a list of members of the National Council for the Minister of Science and Technology to decide.

3. Coordinate with the National Council to organize the examination, evaluation, and verification of participation files for the National Quality Award.

4. Organize the solicitation of opinions from ministries, sectors, and provincial People's Committees on organizations and enterprises participating in the award.

5. Submit to the Minister of Science and Technology for proposal to the Prime Minister to sign the Decision to present the National Quality Award and commendation certificates from the Prime Minister to organizations and enterprises.

6. Take the lead and propose participation in APQO activities. Conduct examination, selection, and nomination of organizations and enterprises to participate in the GPEA annually.

7. Notify in writing the award results to ministries, sectors, provincial People's Committees, Preliminary Selection Councils, winning organizations and enterprises, and related agencies and organizations after the decision to present the National Quality Award and commendation certificates from the Prime Minister has been made.

8. Publicly announce the award results on mass media and notify on the Ministry of Science and Technology's electronic portal, the General Department of Standards Metrology and Quality Control’s website on the National Quality Day.

9. Take the lead and coordinate with ministries, sectors, provincial People's Committees, Preliminary Selection Councils, central and local radio, television, and press agencies to promote, disseminate, and report on the National Quality Day and winning organizations and enterprises.

10. Take the lead and coordinate with relevant ministries and sectors to organize the award ceremony for organizations and enterprises that have won the National Quality Award and commendation certificates from the Prime Minister.

11. Announce violations and handling measures for organizations and enterprises that have won the National Quality Award but have committed violations on mass media and notify on the Ministry of Science and Technology's electronic portal, the General Department of Standards Metrology and Quality Control’s website.

Article 17. Responsibilities of Ministries and Sectors

1. Establish the Preliminary Selection Council at the ministry and sector level.

2. Organize the examination, evaluation, and proposal of organizations and enterprises under their specialized management to the Ministry of Science and Technology for submission to the Prime Minister to decide on awarding the National Quality Award.

3. Coordinate with the Ministry of Science and Technology and relevant agencies to promote, disseminate, and report news about the National Quality Award and winning organizations and enterprises.

4. Coordinate with the Ministry of Science and Technology to organize the award ceremony for organizations and enterprises that have won the National Quality Award and the Prime Minister's Commendation.

5. Ensure funding for the operation of the Permanent Office of the National Quality Award and the Preliminary Selection Council at the ministry and sector level.

Article 18. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Coordinate with the Ministry of Science and Technology to implement annual activities of the National Quality Award at the local level.

2. Direct the local Permanent Office of the National Quality Award and the local Preliminary Selection Council to conduct examinations, evaluations, and propose to the National Council the list of organizations and enterprises eligible for awards.

3. Coordinate with the Ministry of Science and Technology to jointly present awards to organizations and enterprises in the locality.

4. Ensure funding for the operation of the local Permanent Office of the National Quality Award and the local Preliminary Selection Council.

Article 19. Responsibilities of Organizations and Enterprises Winning Awards

1. Ensure the accuracy of the application dossier for the National Quality Award and information provided to the award council.

2. Fully comply with regulations when participating in the National Quality Award and after winning; not to affect the reputation of the National Quality Award.

3. Proactively advertise, report, and publish articles about award results and general information about the National Quality Award on newspapers, radio stations, and the organization’s or enterprise’s electronic information websites; use the logo of the National Quality Award and GPEA on products and publications of the organization or enterprise.

4. Organizations and enterprises are responsible for publicly announcing accurate and timely award results, violations by organizations and enterprises during the award assessment process, and after winning (if any) to the competent authority at the locality or the competent authority at the ministry or sector and the Permanent Office of the National Quality Award.

Article 20. Operating Expenses

1. The source of funds for organizing the National Quality Award activities shall be implemented according to Clause 1, Article 29 of Decree No. 132/2008/ND-CP, amended and supplemented by Clause 12, Article 1 of Decree No. 74/2018/ND-CP.

2. Funds from the state budget allocated in the budget for scientific and technological affairs ensure the implementation of the National Quality Award activities including: activities of the award council at all levels; examination and evaluation of organizations and enterprises participating in the National Quality Award and the GPEA award by the award council and evaluators; press conferences announcing award results; organizing the award ceremony; information and promotion; training and capacity building for participating organizations and enterprises, members of the award council, evaluators of the National Quality Award, and other related activities directly related to the implementation of the National Quality Award activities.

3. The Ministry of Science and Technology ensures funding for the operation of the Permanent Office of the National Quality Award at the central level and the National Council.

4. Ministries and sectors ensure funding for the operation of the Permanent Office of the National Quality Award and the Preliminary Selection Council at the ministry and sector level.

5. Provincial People's Committees and Municipal People's Committees under Central Government ensure funding for the operation of the Permanent Office of the National Quality Award and the Preliminary Selection Council at the local level.

Chapter VI

IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Circular takes effect from August 1, 2020.

2. Circular No. 17/2011/TT-BKHCN dated June 30, 2011, issued by the Minister of Science and Technology regarding the National Quality Award and Circular No. 07/2012/TT-BKHCN dated April 2, 2012, issued by the Minister of Science and Technology amending Clause 2, Article 7 of Circular No. 17/2011/TT-BKHCN cease to be effective from the date this Circular takes effect.

Article 22. Transitional provisions

Activities related to evaluation, procedures for proposing the National Quality Award, and recommendations to participate in GPEA that were implemented from July 1, 2018, to before the date this Circular takes effect shall be carried out according to the provisions of Circular No. 17/2011/TT-BKHCN and Circular No. 07/2012/TT-BKHCN.

Article 23. Responsibility for Implementation

1. The Director of the General Department of Standardization, Metrology, and Quality Control shall organize the implementation and provide guidance on this Circular.

2. During the implementation, if any issues arise, agencies, organizations, individuals, and enterprises are requested to promptly reflect them in writing to the Ministry of Science and Technology for guidance or research to amend and supplement appropriately.

3. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees and Municipal People's Committees under Central Government, and related organizations and enterprises are responsible for implementing this Circular./.