Circular No. 36/2019/TT-BCT stipulates the management of product and commodity quality under the responsibility of the Ministry of Industry and Trade.

This Circular stipulates the management of product and commodity quality under the responsibility of the Ministry of Industry and Trade. It applies to state administrative agencies, organizations, and individuals engaged in production, business, import, and export of products and commodities. Notable points include the announcement of conformity, quality inspection of products and commodities, and designation of conformity assessment organizations.

Document No.36/2019/TT-BCT
Document typeCircular
Issuing authorityMinistry of Industry and Trade
Signed byTrần Tuấn Anh — Bộ trưởng
Updated23/06/2026
SectorIndustry and Trade
FieldUncategorized
Issued date29/11/2019
Effective date15/01/2020
Expiry date
StatusIn effect
✦ Smart summary

This Circular stipulates the management of product and commodity quality under the responsibility of the Ministry of Industry and Trade. It applies to state administrative agencies, organizations, and individuals engaged in production, business, import, and export of products and commodities. Notable points include the announcement of conformity, quality inspection of products and commodities, and designation of conformity assessment organizations.

Scope of application

State administrative agencies responsible for product and commodity quality under the responsibility of the Ministry of Industry and Trade; organizations and individuals engaged in production, business, import, and export of products and commodities; and conformity assessment organizations.

Key points

  • State administrative agencies responsible for product and commodity quality under the responsibility of the Ministry of Industry and Trade must implement a quality management system before releasing products into circulation on the market (Article 5).
  • Conformity assessment organizations designated by the Ministry of Industry and Trade must comply with regulations on conformity assessment activities and be subject to inspection by the Ministry of Industry and Trade (Articles 8-9).
  • The announcement of conformity for products and commodities according to national technical standards or declared standards (Article 11).
  • The State administrative agency responsible for inspecting the quality of imported goods under the Ministry of Industry and Trade is the Agency for Safety and Environmental Protection in Industry and the Chemicals Agency (Article 7).
  • Conformity assessment organizations must register their fields of operation or be designated in accordance with Decree No. 107/2016/NĐ-CP and Decree No. 154/2018/NĐ-CP (Article 8).

🌐 Social impact of this document

  • Positive impact: Strengthened product and commodity quality management helps protect consumers and enhance brand reputation. Reduces food safety risks.
  • Negative impact: Increased costs for businesses due to compliance with requirements for announcing conformity and quality inspection of products and commodities.

❓ Frequently asked questions

What must conformity assessment organizations do to be designated?

Conformity assessment organizations must register their fields of operation in accordance with Decree No. 107/2016/NĐ-CP and Decree No. 154/2018/NĐ-CP, or be designated by the Ministry of Industry and Trade when meeting the conditions set out in Clause 8 Article 1 of Decree No. 74/2018/NĐ-CP.

How is the announcement of conformity for products and commodities carried out?

The announcement of conformity is a mandatory activity based on self-assessment results of organizations or individuals, or certification and testing results from organizations designated by the Ministry of Industry and Trade (Article 11).

What must state administrative agencies responsible for product and commodity quality under the responsibility of the Ministry of Industry and Trade do?

State administrative agencies must implement a quality management system, announce conformity, and be subject to inspection by quality inspection agencies (Article 5).

What must conformity assessment organizations do?

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What impacts do these regulations have on enterprises and individuals engaged in production, business, import, and export of products and commodities?

For enterprises, the impacts include the need to comply with quality management system requirements and undergo conformity assessments to ensure that their products meet relevant standards. This may increase operational costs but helps improve product quality and market competitiveness. For individuals, these regulations aim to protect consumer rights and enhance overall product quality levels.

Full text

MINISTRY OF INDUSTRY AND TRADE

                         

Number: 36/2019/TT-BCT

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

                                     

Hanoi, on November 29, 2019

CIRCULAR

Regulations on the management of product and commodity quality under the responsibility of the Ministry of Industry and Trade
management of the Ministry of Industry and Trade

                                

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

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

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing certain provisions of the Law on Standards and Technical Regulations, amended and supplemented by Decree No. 78/2018/NĐ-CP dated May 16, 2018;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product and Commodity Quality, amended and supplemented by Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government;

Pursuant to Decree No. 107/2016/NĐ-CP dated July 1, 2016, issued by the Government, on business conditions for conformity assessment services;

Pursuant to Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government amending and supplementing certain provisions on investment and business conditions within the scope of state management of the Ministry of Science and Technology and some provisions on specialized inspection;

Pursuant to Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government on Product Labels;

Based on the proposal of the Director of the Department of Science and Technology;

The Minister of Industry and Trade promulgates this Circular on the management of product and commodity quality under the responsibility of the Ministry of Industry and Trade.

 Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the management of product and commodity quality for products and commodities under the responsibility of the Ministry of Industry and Trade as prescribed in Article 70 of the Law on Product and Commodity Quality and Clause 14, Article 1 of Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government.

Food products under the responsibility of the Ministry of Industry and Trade as prescribed in food safety regulations are not within the scope of adjustment of this Circular.

Article 2. Applicability

1. State administrative agencies responsible for product and commodity quality under the responsibility of the Ministry of Industry and Trade.

2. Organizations and individuals producing, trading, importing, and exporting products and commodities under the responsibility of the Ministry of Industry and Trade.

3. Conformity assessment organizations with the necessary conditions and requirements participating in conformity assessment activities regarding product and commodity quality under the responsibility of the Ministry of Industry and Trade.

Article 3. Classification of Products and Commodities

1. Products and commodities in the List of Products and Commodities Group 2 under the responsibility of the Ministry of Industry and Trade are specified for each period.

2. Products and commodities are managed according to national technical standards.

3. Products and commodities are managed according to published standards.

Article 4. Product Labeling

1. Product labeling complies with the provisions of Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government on Product Labels.

2. In cases where the content of labeling is separately prescribed in national technical standards and regulatory documents, in addition to complying with the provisions of Clause 1 of this Article, products and commodities must be fully labeled in accordance with the relevant national technical standards.

Chapter II. MANAGEMENT OF PRODUCT AND COMMODITY QUALITY

Article 5. General Requirements for Managing Product and Commodity Quality

1. For products and commodities mentioned in Clauses 1 and 2 of Article 3 of this Circular.

a) Implement a quality management system to ensure that the product quality meets the corresponding technical standards and label in accordance with Article 4 of this Circular before putting the product into circulation on the market.

b) Publish compliance with the corresponding technical standards. Compliance publication shall be carried out in accordance with the provisions of Chapter III of this Circular.

c) Be subject to inspection by the competent authority for product and commodity quality inspection.

2. For products and commodities mentioned in Clause 3 of Article 3 of this Circular.

a) Publish applicable standards in accordance with the law on product and commodity quality.

b) Be subject to inspection by the competent authority for product and commodity quality inspection.

Article 6. Content of product and commodity quality management

1. Management of imported commodity quality.

The management of imported commodity quality shall be carried out in accordance with the provisions set forth in Section 4 Chapter III of the Product and Commodity Quality Law and Section 2 Chapter II of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government, and amended and supplemented by Clause 3 Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government.

2. Management of exported commodity quality.

The management of exported commodity quality shall be applied in accordance with the provisions set forth in Section 3 Chapter III of the Product and Commodity Quality Law and Section 3 Chapter II of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government, and the regulations of the importing country.

3. Management of commodity quality circulating on the market.

The management of commodity quality circulating on the market shall be applied in accordance with the provisions set forth in Section 5 Chapter III of the Product and Commodity Quality Law and Section 4 Chapter II of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government, the provisions of the Administrative Violation Handling Law, related regulatory legal documents, and the regulations of the importing country.

4. Management of product quality during production.

a) For products and commodities managed based on the announced standards of the producer, the quality management shall be carried out in accordance with the provisions of Circular No. 46/2015/TT-BCT dated December 11, 2015 of the Minister of Industry and Trade on inspection of product and commodity quality during production under the responsibility of the Ministry of Industry and Trade.

b) For products and commodities listed in the Category 2 Product and Commodity List under the responsibility of the Ministry of Industry and Trade, which are defined for each period and managed according to national technical regulations, the quality management shall be carried out in accordance with the provisions set forth in Section 2 Chapter III of the Product and Commodity Quality Law, Article 5 Section 1 Chapter II of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing certain articles of the Product and Commodity Quality Law, and the provisions of this Circular.

5. Management of commodity quality during use.

The management of commodity quality during use shall be carried out in accordance with the provisions set forth in Section 6 Chapter III of the Product and Commodity Quality Law and Section 5 Chapter II of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government.

Article 7. State Inspection Agencies for Imported Commodity Quality

The State Inspection Agency for Imported Commodity Quality of the Ministry of Industry and Trade is the agency assigned and delegated by the Minister of Industry and Trade to perform state management tasks regarding product and commodity quality, including:

1. Department of Industrial Safety and Environmental Protection.

2. Department of Chemicals.

Article 8. Organizations for Conformity Assessment of Products and Commodities

1. Organizations for conformity assessment participating in testing, certification, inspection, and examination activities serving the announcement of compliance with standards for products and commodities managed based on announced standards or serving the announcement of compliance with technical regulations for products and commodities listed in Category 2 and products and commodities managed by technical regulations under the responsibility of the Ministry of Industry and Trade, including:

a) Organizations for conformity assessment that have registered their scope of conformity assessment activities for products and commodities under the management of the Ministry of Industry and Trade in accordance with the procedures and formalities stipulated in Decree No. 107/2016/ND-CP dated July 1, 2016 and Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government.

b) Organizations for conformity assessment designated by the Ministry of Industry and Trade when meeting the conditions specified in Clause 8 Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government and Clauses 4, 5, 6, and 7 Article 4 of Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government.

2. Organizations for conformity assessment that have registered their scope of activities and/or been designated by the Ministry of Industry and Trade must comply with the regulations on conformity assessment activities and be subject to supervision by the Ministry of Industry and Trade.

The list of organizations for conformity assessment that have registered their scope of activities and/or been designated by the Ministry of Industry and Trade is published on the Ministry of Industry and Trade's website (www.moit.gov.vn).

Article 9. Documents and Form for Designating Conformity Assessment Bodies

1. The registration dossier for designating conformity assessment bodies shall be carried out in accordance with the provisions of Clause 8, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government and Clause 5, Article 4 of Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government.

2. The form of submitting the dossier shall be carried out in accordance with the provisions of Clause 8, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government and Clause 5, Article 4 of Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government.

Article 10. Procedures and Formalities for Designating Conformity Assessment Bodies

1. The procedures and formalities for designating conformity assessment bodies shall be carried out in accordance with the provisions of Clause 8, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government and Clause 6, Article 4 of Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government.

2. The evaluation process for designating conformity assessment bodies is detailed in Appendix I of this Circular.

Chapter III. ANNOUNCEMENT OF COMPLIANCE

Article 11. Announcement of Compliance

1. The subject of the announcement of compliance is products and goods specified in national technical regulations issued by the Ministry of Industry and Trade. The announcement of compliance is a mandatory activity stipulated in Article 48 of the Law on Standards and Technical Regulations.

2. The announcement of compliance is based on one of the following measures:

a) The result of self-assessment of conformity of organizations and individuals (hereinafter referred to as the certification result of a certification body that has registered its field of operation or been recognized in accordance with the law).

b) The result of certification and testing by a certification and testing organization designated by the Ministry of Industry and Trade. Testing for certification and testing shall be conducted at a testing organization that has registered its field of operation or been recognized or designated in accordance with the law.

3. In cases where the results of conformity assessment by foreign conformity assessment bodies are used, such foreign conformity assessment bodies must be recognized in accordance with Vietnamese law or designated by competent state management agencies.

4. For products and goods without national technical regulations, quality management shall be based on standards announced for application and sector-specific regulatory documents until national technical regulations for those products and goods are promulgated and come into effect.

Article 12. Procedures for Announcing Compliance and Dossier for Announcing Compliance

1. The procedures for announcing compliance, the dossier for announcing compliance, and the model notification for announcing compliance shall be carried out in accordance with the provisions of Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on announcing compliance with standards and technical regulations and methods of conformity assessment, and Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Minister of Science and Technology amending and supplementing certain articles of Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology.

2. When announcing compliance, organizations and individuals engaged in production, business, and import must register their announcement of compliance with the Department of Industry and Trade where they have registered their production, business, and import activities.

Chapter IV. IMPLEMENTATION ORGANIZATION

Article 13. Responsibilities of the Department of Science and Technology

1. Assist the Minister of Industry and Trade in performing the function of being the focal point for state management of product and commodity quality.

2. Advise the Minister of Industry and Trade to designate organizations to conduct conformity assessment activities for testing, certification, inspection, and verification of product and commodity quality. Supervise and monitor the operations of designated conformity assessment organizations.

3. Compile the results of product and commodity quality inspections and report to the leadership of the Ministry of Industry and Trade.

4. Take the lead and coordinate with relevant agencies to inspect product and commodity quality during production and export.

5. Be responsible for urging, guiding, and supervising the implementation of this Circular.

Article 14. General Department of Market Administration

Organize and direct subordinate units to inspect, control, and handle violations of regulations on product and commodity quality circulating in the market according to the provisions of the law.

Article 15. Agency for Safety and Environmental Protection in Industry

1. Implement the inspection of quality for imported products and commodities group 2 which are special industrial machines and equipment listed in Section II of the Appendix to the List of Products and Commodities Capable of Causing Safety Hazards under the responsibility of the Ministry of Industry and Trade issued together with Circular No. 33/2017/TT-BCT dated December 28, 2017. The model notification of the result of national inspection on the quality of imported products and commodities group 2 is detailed in Model No. 03 of the Appendix issued together with Decree No. 74/2018/NĐ-CP.

2. Take the lead and coordinate with relevant agencies to inspect the quality of products and commodities during use.

Article 16. The Chemicals Department shall organize the implementation of quality inspections for products and goods in Group 2 imported as explosive precursors and industrial explosives listed in Appendix 1 of the Catalogue of Products and Goods with Potential to Cause Safety Risks under the management responsibility of the Ministry of Industry and Trade issued together with Circular No. 41/2023/TT-BCT dated December 28, 2023. The model notification of the state inspection results on the quality of imported goods in Group 2 is detailed in Model No. 03 of the Appendix issued together with Decree No. 74/2018/NĐ-CP."

Implement the inspection of quality for imported products and commodities group 2 which are explosive precursors and industrial explosives listed in the Appendix to the List of Products and Commodities Capable of Causing Safety Hazards under the responsibility of the Ministry of Industry and Trade issued together with Circular No. 33/2017/TT-BCT dated December 28, 2017 of the Minister of Industry and Trade. The model notification of the result of national inspection on the quality of imported products and commodities group 2 is detailed in Model No. 03 of the Appendix issued together with Decree No. 74/2018/NĐ-CP.

Article 17. Responsibilities of Provincial Departments of Industry and Trade

1. Issue notifications of receipt of declaration files for conformity and manage declaration files for conformity for products and commodities.

2. Inspect compliance with regulations on product and commodity quality management at enterprises within their jurisdiction.

Article 18. Responsibilities of designated conformity assessment organizations

1. Perform rights and obligations as prescribed in the Law on Product and Commodity Quality and related legal documents. In case of violation, they will be examined and dealt with according to the law depending on the nature and severity of the violation. For designated testing organizations, during the validity period of the designation decision, they must participate in proficiency testing and inter-laboratory comparison programs at least once for the testing fields and products and commodities that have been designated.

2. Report annually on December 15 or at any time when required, the results of the designated conformity assessment activities according to Model No. 11 of the Appendix issued together with Decree No. 74/2018/NĐ-CP to the Ministry of Industry and Trade for consolidation.

3. Notify the designating authority of any changes affecting the testing, inspection, verification, and certification capabilities within 15 days from the date of change.

Article 19. Report on the situation and results of product and commodity quality inspection

The product and commodity inspection agency shall be responsible for compiling and reporting the situation and results of regular inspections on December 15 each year or at any time upon request, and sending them to the Ministry of Industry and Trade. The content of the report shall be carried out according to Appendix II issued together with this Circular.

Chapter V. IMPLEMENTATION PROVISIONS

Article 20. Effective Date

This Circular takes effect from January 15, 2020, and replaces Circular No. 48/2011/TT-BCT dated December 30, 2011, issued by the Minister of Industry and Trade, which stipulates the management of product and commodity quality in Group 2 under the jurisdiction of the Ministry of Industry and Trade.

Article 21. Responsibility for Implementation

1. State management agencies for quality, production and business organizations, importers, and conformity assessment organizations of products and commodities under the responsibility of the Ministry of Industry and Trade shall be responsible for implementing this Circular.

2. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.

3. In the course of implementation, if there are difficulties or obstacles, it is requested that relevant agencies, organizations, and individuals promptly reflect these issues to the Department of Science and Technology of the Ministry of Industry and Trade to propose reports to the Ministry for guidance on amendments and supplements.

Place of Receipt:

- Prime Minister, Deputy Prime Ministers;

- Office of the President, Office of the General Secretary, Office of the National Assembly, Office of the Central Committee and Party Committees;

- Ministries, agencies equivalent to ministries, and government agencies;

- People's Committees of provinces and centrally governed cities;

- Supreme People's Procuracy, Supreme People's Court;

- Ministry of Justice (Legal Review Department);

- Official Gazette;

- State Audit Agency;

- Electronic Government Portal: Government, Ministry of Industry and Trade;

- Management Boards of Industrial Zones, Export Processing Zones, and Economic Zones (36);

- Departments of Industry and Trade;

- Ministry of Industry and Trade: Minister; Deputy Ministers; Legal Affairs Department; other Departments and Bureaus;

- To be filed: VT, PC, KHCN.

THE MINISTER

(Signed)

Tran Tuan Anh

 

 ANNEX 1

PROCEDURE FOR DESIGNATING CONFORMITY ASSESSMENT ORGANIZATIONS

(Issued together with Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade)

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The procedure for designating conformity assessment organizations for products and commodities under the responsibility of the Ministry of Industry and Trade is as follows:

1. In cases of initial designation, changes, or additions to the scope of designation:

a) Within three working days from the date of receipt of the application for designation, if the application is incomplete or not in compliance with regulations, the Ministry of Industry and Trade will notify in writing the conformity assessment organization to amend and supplement the application in accordance with Model No. 01 of this Appendix.

b) Within twenty days from the date of receipt of a complete and valid application, the Ministry of Industry and Trade will establish an Evaluation Team to conduct an actual evaluation of the conformity assessment organization's capacity. The composition of the Evaluation Team is decided by the Minister of Industry and Trade. The content of the evaluation is as specified in Point c of this Clause.

In cases of changes or additions to the Decision on Designation, if the application is complete and valid, the Ministry of Industry and Trade will review based on the application without establishing an Evaluation Team to conduct an actual evaluation of capacity.

If the application is complete but contains inappropriate content or there are requirements from competent state authorities or information and reflections indicating signs of violations related to the application, the Ministry of Industry and Trade will establish an Evaluation Team to conduct an actual evaluation of the conformity assessment organization's capacity.

Depending on the content to be evaluated, the Evaluation Team will include a minimum of five members, including: one Team Leader (representing Department-level leadership), one Deputy Team Leader (representing Division-level leadership), one Secretary (Specialist), and two Experts (representing units within the Ministry of Industry and Trade or independent experts outside). In the absence of the Team Leader, the Deputy Team Leader will replace and manage the actual evaluation activities. Independent experts must be trained in the corresponding quality management system for each type of conformity assessment organization applying for designation.

The actual evaluation of the conformity assessment organization's capacity must be notified in writing to the conformity assessment organization that submitted the application. Upon completion of the evaluation, the Evaluation Team will prepare an Evaluation Record according to the Model specified in Appendix III issued together with this Circular.

If the conformity assessment organization needs to address issues noted in the Evaluation Record, within thirty days, the conformity assessment organization must submit a report on corrective actions to the Ministry of Industry and Trade. If the required corrections need additional time, the conformity assessment organization must report in writing to the Ministry of Industry and Trade and specify the official completion date for the corrections.

Within five working days from the date of receipt of the report on corrective actions according to the Evaluation Record, if the conformity assessment organization meets the requirements, the Ministry of Industry and Trade will issue a Decision on Designation for the conformity assessment organization according to Model No. 08 of Decree No. 74/2018/NĐ-CP dated May 15, 2018, of the Government. Based on the actual capacity of the conformity assessment organization, the Ministry of Industry and Trade will determine the validity period of the Decision on Designation, but not exceeding five years from the date of issuance.

In cases where the designation is refused, the Ministry of Industry and Trade must notify the reasons in writing to the conformity assessment organization. The notification model for non-compliance of the application for conformity assessment activities is according to Model No. 01 and Model No. 02 of this Appendix.

c) Content of actual evaluation:

- Compliance with legal provisions by the conformity assessment organization in the designated field;

- Authenticity of the application;

- Other activities related to the designated field.

Costs for the evaluation activities of experts or teams are borne by the conformity assessment organization applying for designation.

2. In cases of reissuing the Decision on Designation:

During the validity period of the Decision on Designation, if the conformity assessment organization requests a reissue of the Decision on Designation, it must prepare one set of application documents in accordance with Article 18b of Decree No. 74/2018/NĐ-CP dated May 15, 2018, of the Government, and send them to the Ministry of Industry and Trade.

Within five working days from the date of receipt of a complete and valid application, the Ministry of Industry and Trade will review and reissue the Decision on Designation. If the requirements are not met, the issuing authority will respond in writing and specify the reasons. The notification model for non-compliance of the application for conformity assessment activities is according to Model No. 01 and Model No. 02 of this Appendix.

 

Form No. 01 

Notification Model for Non-Compliance of the Application for Conformity Assessment Activities

MINISTRY OF INDUSTRY AND TRADE

------------------

No.: /BCT-KHCN

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

------------------

Hanoi, on ... month ... year 20..

 

RE: Notification Regarding the Inadequacy of the Application for Designation Registration

 

Respected: ...(Certification/Audit/Testing/Inspection Organization applying for designation).

On ... day ... month ... year 20..., the Ministry of Industry and Trade received the Application for Designation to conduct certification/audit/testing/inspection activities for products under the responsibility of the Ministry of Industry and Trade from ...(the organization applying for designation), address: .... After reviewing the attached application file, the Ministry of Industry and Trade has the following comments:

The file of ...(Organization applying for designation) does not comply with the provisions of Circular No. .../2019/TT-BCT dated ... day ... month ... year... issued by the Ministry of Industry and Trade on the management of product quality under the responsibility of the Ministry of Industry and Trade, including the following contents:

- ...(Item ...);

- ...(Item ...);

- ...(Item ...);

- ...(Item ...);

- Details in the Review Form of the Designation Registration File (attached herewith).

The Ministry of Industry and Trade hereby notifies ...(organization applying for designation) to be aware and act in accordance with the relevant regulations./.

 

Place of Receipt:

- As above;

- Leader of the Ministry (for record);

- To be filed: VT, KHCN.

THE MINISTER

 

 Form No. 02

 Model Review Form of the Designation Registration File

1. Name of the registering organization: ...

2. Date of receipt of the file: ... month ... year 20... (Document number received ...)

3. Number of documents: 01 set

4. Basis for evaluating the file:

- Circular No. .../.../TT-BCT1;

- ...2

5. Type of issuance

New issue: □ Supplemental issue: □ Amendment: □ Reissue: □

6. Content of evaluation

No.

Name of document

Document code/

Document number

Quantity

Evaluation of the suitability of the file

1

Designation registration form

 

 

 

 

 

2

Copy of Certificate of Registration in the field

 

 

 

 

 

3

List of personnel

 

 

 

 

 

4

List of documents for conformity assessment

 

 

 

 

 

5

List of machinery and equipment

 

 

 

 

 

6

Competence recognition certificate

 

 

 

 

 

Suitability of the file: Suitable □ Unsuitable □

- Content of the file: Application for designation to conduct certification/audit/testing activities for certain products

Conclusion: The file is suitable/unsuitable according to the provisions of Circular No. 36/2019/TT-BCT.

Contents that are unsuitable include: Item …

------------------

This circular

Relevant legal regulations; Technical Regulations; National Standards for specific products, goods.

 

Seal Registration Certificate

REPORT ON THE SITUATION OF QUALITY CONTROL INSPECTION OF PRODUCTS AND GOODS

(Issued together with Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade)

-----------------

(Name of the supervising agency)

NAME OF QUALITY CONTROL AGENCY

------------------

No.: .../BC-...

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

------------------

on ... month ... year 20..

 

REPORT ON THE SITUATION OF QUALITY CONTROL INSPECTION OF PRODUCTS AND GOODS
(Data for the year 20... from ... to ...)

Respected: Ministry of Industry and Trade (through the Department of Science and Technology)

 A. For the agency inspecting the quality of imported goods group 2

1. Total number of batches registered for inspection: ...batches, including:

- Number of batches inspected and met requirements: ... batches (details see Table 1)

- Number of batches not meeting requirements: ... batches (details see Table 2)

- Number of batches evading inspection: ... batches (details see Table 3)

2. Complaint situation: ...(batches, enterprises, complaint situations and resolution...)

3. Recommendations:

No.

Product name, group(under the responsibility of the Ministry of Industry and Trade)

Total(batches)

Unit of Measurement

Weight

Origin,

place of origin

 

 

 

 

 

 

 

 

 

 

 

 

TABLE 2. Results of quality inspection of batches not meeting requirements

No.

Inspection file number

Administrative Procedure: Recognition of forest tree planting seed sources

Name

Person

a) C

Address, Tel/Fax

Name & Group of imported goods

Number

Actual status of operation of equipment

Excellent

Country or territory code where the goods were manufactured (produced)

Reason for non-compliance

Measures taken

 

 

 

 

 

 

 

 

 

...

 

 

 

 

 

 

 

 

 

TABLE 3. Enterprises evading quality inspection of goods

d.1. Amount of taxable income in Vietnam:

d.1. Amount of taxable income in Vietnam:

Inspection registration form

Inspection number

Name of importer

Address, Tel/Fax

Name & Group of imported goods

Number

Actual status of operation of equipment

Goods declaration form

number

Term

(days)

20th day,

Object (if poor household, mark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B. For the agency inspecting the quality of products and goods (excluding those mentioned in Section A)

1. Operation status of the inspected entity

2. Compliance with regulations on product and goods quality management

- Inspection of production process from raw materials to finished products;

- National technical standards;

- Announced standards;

- Labeling...

3. Difficulties and obstacles encountered during implementation.

4. Proposals and recommendations.

 

Place of Receipt:

- As respectfully submitted;

- To be filed: ...

Reporting agency

(Sign, write full name and stamp)

  

Appendix III

RECORD OF EVALUATION OF ORGANIZATIONS CONDUCTING CONFORMITY ASSESSMENT
PRODUCTS AND GOODS

(Issued together with Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade)

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MINISTRY OF INDUSTRY AND TRADE

EVALUATION TEAM

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SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

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APPLICATION FOR ... month ... year 20..

 

 RECORD OF EVALUATION

ORGANIZATION CONDUCTING CONFORMITY ASSESSMENT FOR PRODUCTS AND GOODS

Part I. General Information

1. Task name:Evaluation of the capability of organizations participating in conformity assessment activities for products and goods under the responsibility of the Ministry of Industry and Trade.

2. Legal basis

- Circular No. .../2019/TT-BCT dated ... day ... month ... year 2019 issued by the Minister of Industry and Trade on the management of product and goods quality under the responsibility of the Ministry of Industry and Trade;

- Circular No. 29/2016/TT-BCT dated December 13, 2016 issued by the Minister of Industry and Trade on the list of products and goods potentially causing safety risks under the responsibility of the Ministry of Industry and Trade and Circular No. 33/2017/TT-BCT dated December 28, 2017 issued by the Minister of Industry and Trade amending and supplementing the HS codes in the list promulgated by Circular No. 29/2016/TT-BCT dated December 13, 2016;

- Circular No. .../2019/TT-BCT dated ... day ... month ... year 2019 issued by the Minister of Industry and Trade;

- Decision No. .../QĐ-BCT dated ... day ... month ... year 2019 issued by the Minister of Industry and Trade establishing the Evaluation Capability Council for ...;

3. Organizations participating in conformity assessment activities:

- Name of organization: …

- Address: …

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3 This circular

4 In case the registered products and goods are group 2 products and goods;

5 In case the products and goods are implemented according to other regulatory documents;

6 Decision to establish the evaluation team;

7 Name of the organization applying for designation;

8 Business registration address;

15

- Phone: … Fax: … Email: …

4. Time and location:

- Time: …day …month …year…

- Location: …

5. Field of registration:Testing □ Audit □ Certification □

6. Evaluation method:

Initial evaluation □ Re-evaluation □ Expanded evaluation □

7. Members of the Evaluation Team:

No. Full Name Position Specialty
1 Team Leader
2 Deputy Team Leader
3 Member
4 Member
5 Secretary

* Absent: ...

8. Members of the Conformity Assessment Organization

No. Full Name Position
1
2
3
4
5

Part II: Work Content

1. Work content of the Evaluation Team

- Mr. ..., secretary of the Evaluation Team, Ministry of Industry and Trade reads the Decision to establish the Practical Evaluation Capability Team of ...

- Mr. ..., Leader of the Practical Evaluation Capability Team directs and approves the work program and methods.

- Mr. ... on behalf of the Conformity Assessment Organization introduces the members and capabilities of the organization.

Products and goods to be carried out:

No. Product Name Technical Standards Registered to carry out

2. The team evaluated the following contents:

-------------------------

9Actual evaluation address

2.1. Registration file

- The members of the Evaluation Team have compiled the Registration File at the List attached to this Record.

- Conclusion: Passed □ Failed □ Supplement □

Issues requiring supplementation or reasons for failure:

................................................................................

2.2. Compliance with legal regulations by the organization in the field of registration of designation

Mr. ... on behalf of the Conformity Assessment Organization reports on the compliance situation regarding conformity assessment activities for registered products at the time of capability assessment according to relevant regulatory documents.

The capability assessment team reviews the files related to the registered products (number of files, implementation procedures, implementation results, etc.).

- Conclusion: Passed □ Failed □ Supplement □

Issues requiring supplementation or reasons for failure:

...................................

...................................

2.3. Implementation process

- The assessment processes are compiled in the List attached to this Minutes;

+ Certification process: ...;

+ Inspection process:...;

+ Testing process:...;

- Conclusion: Passed □ Failed □ Supplement □

Issues requiring supplementation or reasons for failure:

......................................

......................................

2.3. Human Resources

2.3.1. File Review

- Number of personnel: ...

- Conduct a review of the files of personnel involved in conformity assessment including criteria: Specialization, Assigned tasks, Duration of work.

* Conclusion on file review: Pass □ Fail □ Supplement

2.3.2. On-site Review

Randomly check the capabilities of staff listed in the files to assess the actual capabilities of personnel involved in conformity assessment:

No. Name of staff member Assigned tasks Evaluation content Evaluation

* Conclusion on on-site review: Pass □ Fail □

2.3.3. Overall Conclusion on Human Resources

- Conclusion on human resources: Pass □ Fail □ Supplement □

Issues requiring supplementation or reasons for failure:

Summary of human resources in the List attached to this Minutes.

2.4. Equipment

- Quantity of equipment: ...

- Operational status, calibration: ...

Summary of equipment in the List attached to this Minutes.

The list of documents, procedures, equipment, and human resources of the conformity assessment organization is listed in the List attached (see Model No. 03 Appendix III issued together with Circular No. 36/2019/TT-BCT dated November 29, 2019).

Part III: General Conclusion

...........................

This Minutes is made in two copies, each party retains one copy, both having equal legal validity.

Representative of the evaluated unit

(Signature and stamp)

Leader of the evaluation team

(Sign and write full name clearly)

Members of the assessment team

 

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

LIST OF DOCUMENTS, PROCEDURES, EQUIPMENT AND HUMAN RESOURCES OF THE CONFORMITY ASSESSMENT ORGANIZATION

ORGANIZATION FOR EVALUATION OF COMPLIANCE

1. Registration Files

No. Name of document Quantity Document code
1 Designation Registration Certificate
2 Copy of Certificate of Registration in the field
3 Competence recognition certificate
4 Staff List
5 Result Form
6 Quality File Handbook

2. Implementation Procedures (Certification/Inspection/Testing)

No. Product name Quantity Corresponding implementation procedures
1 Certification Field
2 Inspection Field
3 Testing Field

3. Human Resource Files

a) Certification/Inspection Activities

No. Personnel List Specialty Assigned tasks Evaluation Experience
1

b) Testing Activities

No. Personnel List Specialty Trained Management System Work Experience Type of Contract Signed
1

4. Equipment List

Serial number Equipment Name Technical Specifications Calibration/Inspection Status Calibration Validity Period Equipment Manufacturing Code Type of equipment
1

 

 

 

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