CIRCULAR

OF THE MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT
NUMBER 45/2001/TT-BKHCNMT DATE JULY 25, 2001
GUIDING THE IMPLEMENTATION OF CLAUSE 3 ARTICLE 16 -
DECREE 20/1999/NĐ-CP DATE APRIL 12, 1999 OF THE GOVERNMENT
ON BUSINESS OPERATIONS OF GOODS INSPECTION SERVICES GOODS

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government on tasks, powers, and organizational structure of the Ministry of Science and Technology and Environment; Pursuant to Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on business operations of goods inspection services;

The Ministry of Science and Technology and Environment guides the implementation of Clause 3 Article 16 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on business operations of goods inspection services as follows:

1. This Circular stipulates the conditions, standards, inspection procedures, and issuance of Certificates confirming compliance with conditions and standards for enterprises engaged in goods inspection services as specified in Point 2 of Section I hereof to be eligible for requisition by competent state agencies to conduct inspections related to the performance of public duties.

I. OBJECTS AND SCOPE OF APPLICATION

2. This Circular applies to enterprises engaged in goods inspection services as specified in Article 3 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on business operations of goods inspection services (hereinafter referred to as inspection enterprises).

II. CONDITIONS AND STANDARDS FOR INSPECTION ENTERPRISES ELIGIBLE FOR REQUISITION

Inspection enterprises requisitioned by competent state agencies to conduct inspections related to the performance of public duties must meet the following conditions and standards:
1. Possess one of the following certificates (still valid):

a. Certificate recognizing a quality management system compliant with Vietnam Standard TCVN - ISO 9000;

b. Certificate recognizing an inspection organization compliant with Vietnam Standard TCVN 5957 - 1995;

c. Certificate recognizing a Testing Laboratory compliant with Vietnam Standard TCVN 5958 - 1995.

2. Have inspectors meeting the standards prescribed in Article 7 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on business operations of goods inspection services.

3. Have technical equipment capable of testing the main important indicators of the types of goods registered for inspection.

III. PROCEDURES FOR INSPECTION AND CONFIRMATION OF ENTERPRISES

MEETING THE CONDITIONS AND STANDARDS FOR INSPECTING GOODS

RELATED TO THE PERFORMANCE OF PUBLIC DUTIES
BY STATE AGENCIES
1. The Ministry of Science and Technology and Environment assigns the General Department of Standards Metrology and Quality Control (hereinafter referred to as the General Department TCĐLCL) to organize the implementation of inspections of the conditions and standards stipulated in Section II of this Circular and issue Certificates confirming compliance with conditions and standards to be eligible for requisition to conduct inspections related to the performance of public duties by state agencies.
In cases where the goods inspected by the inspection enterprise are special goods, according to current regulations of the Government on the division of responsibilities for managing the quality of goods, the inspection of conditions and standards stipulated in Section II of this Circular and issuance of Certificates confirming compliance with conditions and standards to be eligible for requisition to conduct inspections related to the performance of public duties by state agencies must involve representatives from relevant ministries responsible for specialized management.

2. If an inspection enterprise wishes to conduct inspections related to the performance of public duties by state agencies, it must submit an application to the General Department TCĐLCL. The application includes:

a. Application form for inspection of conditions and standards to be eligible for requisition to conduct inspections related to the performance of public duties by state agencies (as specified in Appendix 1 of this Circular);

b. Certified copy of the Business Registration Certificate;

c. Certified copy of one of the certificates specified in Point 1 of Section II of this Circular;

d. List of inspectors (as specified in Appendix 2 of this Circular);

e. List of major testing equipment (as specified in Appendix 3 of this Circular). 3. After inspection, if the enterprise meets the conditions and standards stipulated in Section II of this Circular, the General Department TCĐLCL will issue a Certificate confirming compliance with conditions and standards for conducting inspections related to the performance of public duties by state agencies to the inspection enterprise, and simultaneously notify in writing the competent state agencies for their information and basis to proceed with requisition when necessary. The format of the Certificate confirming compliance with conditions and standards for inspecting goods for state management is specified in Appendix 4 of this Circular.

This Certificate does not replace the official request for inspection issued by the competent state agency.

Depending on the type of enterprise and the field of inspection activities, the validity period of the Certificate shall not exceed three years from the date of issuance.

4. In case an inspection enterprise fails to meet the conditions and standards stipulated in Section II of this Circular, the General Department TCĐLCL will notify the enterprise in writing to take corrective measures. After implementing corrective measures, the enterprise may request re-inspection.

The inspection and issuance of the Certificate or notification of non-compliance shall be completed within seven days from the date the General Department TCĐLCL receives all required documents as stipulated in Section III of this Circular.

5. When there are changes to the conditions and standards stipulated in Section II of this Circular compared to the time of inspection, the inspection enterprise must immediately report in writing to the General Department TCĐLCL. The General Department TCĐLCL is responsible for organizing a re-inspection to provide appropriate supplementary notifications.

IV. INSPECTION AND SUPERVISION AFTER ISSUANCE OF THE CERTIFICATE

1. The General Department TCĐLCL will organize inspections of inspection enterprises that have been confirmed to meet the conditions and standards for inspecting goods related to the performance of public duties by state agencies when there are complaints or reports related to the capacity and results of inspections conducted by these enterprises.

2. Based on the inspection results, if the inspection enterprise does not meet the conditions and standards stipulated in this Circular, the General Department TCĐLCL will issue a decision revoking the previously issued Certificate confirming compliance with conditions and standards, and simultaneously notify in writing.

IV. INSPECTION AND AUDIT AFTER ISSUANCE OF THE CERTIFICATE
BY STATE AGENCIES
1. The Ministry of Science and Technology and Environment assigns the General Department of Standards Metrology and Quality Control (hereinafter referred to as the General Department TCĐLCL) to organize the implementation of inspections of the conditions and standards stipulated in Section II of this Circular and issue Certificates confirming compliance with conditions and standards to be eligible for requisition to conduct inspections related to the performance of public duties by state agencies.
In cases where the goods inspected by the inspection enterprise are special goods, according to current regulations of the Government on the division of responsibilities for managing the quality of goods, the inspection of conditions and standards stipulated in Section II of this Circular and issuance of Certificates confirming compliance with conditions and standards to be eligible for requisition to conduct inspections related to the performance of public duties by state agencies must involve representatives from relevant ministries responsible for specialized management.

1. The General Department of Quality Inspection will organize audits of appraisal enterprises that have been confirmed to meet the required conditions and standards for appraising goods, related to the performance of state agency duties, when there are complaints or reports concerning the enterprise's appraisal capabilities and results.

2. Based on the audit results, if the appraisal enterprise does not comply with the conditions and standards stipulated in this Circular, the General Department of Quality Inspection shall issue a decision to revoke the previously issued Certificate of Compliance, and simultaneously notify in writing for the state agencies mentioned in Section III of this Circular.

3. The appraisal enterprises have the right to lodge complaints or initiate lawsuits at the Administrative Court in accordance with the Law on Complaints and Petitions dated December 2, 1998, and the Ordinance on Procedures for Resolving Administrative Cases dated June 3, 1996, against violations of the law by civil servants, officials, or agencies during the process of inspection and issuance of certificates confirming compliance with conditions and standards for appraising goods related to the performance of public duties; decisions of the requisitioning agency regarding the results of appraisals of goods.

V. IMPLEMENTATION

1. The competent state agency implementing the requisition for appraisal shall submit a written request for appraisal containing the following main contents:

a. Name of the goods subject to appraisal;

b. Inspection content (specify clearly the indicators and requirements)

c. Regulations on inspection and testing methods; d. Deadline for notifying the inspection results.

Additionally, the requisitioning agency may provide supplementary information such as the origin of the goods, quantity, and other relevant information about the consignment.

2. Provisions concerning the appraisal certificate and its legal validity shall be implemented in accordance with the provisions set forth in Chapter III of Decree No. 20/1999/NĐ-CP dated April 12, 1999, of the Government on trading in appraisal services for goods.

3. In cases where the results of the appraisal are not accepted, the requisitioning agency for appraisal has the right to seek opinions from the relevant ministries or sectors (as stipulated by current government regulations on the division of responsibilities for state management of product quality) regarding the appraisal results.

4. Appraisal fees shall be paid by the requisitioning agency for appraisal to the appraisal enterprise in accordance with state regulations or by mutual agreement if the state has not yet established such regulations.

Opinion The opinion of the relevant ministry or sector is the final conclusion for the requisitioning agency to base its decision upon.

1. This Circular takes effect fifteen days from the date of signature and replaces Circular No. 1907/1999/TT-BKHCNMT dated October 28, 1999, of the Ministry of Science, Technology, and Environment.

VI. IMPLEMENTATION PROVISIONS

2. During implementation, any difficulties encountered should be reported to the Ministry of Science, Technology, and Environment for consideration and resolution.

Appraisal Enterprise Name

ANNEX 1

APPLICATION FOR QUALIFICATION AND STANDARDS CHECKING

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

Date...month...year...

APPRAISAL OF GOODS FOR STATE MANAGEMENT
Respectfully submitted to: General Department of Standardization, Metrology, and Quality Control

1. Appraisal Enterprise Name

3. Telephone:... Fax:... Email:...

2. Address:

4. Establishment Decision or License Number:

Issued by... On:

5. Application for inspection of the following goods for state management purposes (specify the type of goods):

6. Attached documents include (as specified in Section III of this Circular)

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Request the General Department of Standardization, Metrology, and Quality Control to inspect and issue a Certificate confirming compliance with appraisal qualifications and standards for goods for state management.

-

-

-

(authorized representative signature, stamp)

APPLICATION FOR QUALIFICATION AND STANDARDS CHECKING

Appraisal Enterprise Name:

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:

Appendix 2

LIST OF APPRAISERS

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

Level of education

APPLICATION FOR QUALIFICATION AND STANDARDS CHECKING

(Authorized representative's signature and seal)

_____________

LIST OF TESTING EQUIPMENT

Tel:

LIST OF APPRAISERS

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

Name of testing equipment

APPLICATION FOR QUALIFICATION AND STANDARDS CHECKING

(Authorized representative's signature and seal)

_____________

GENERAL DEPARTMENT OF STANDARDIZATION

Appendix 4

Pursuant to Circular No.../2001/TT-BKHCNMT dated... month... year 2001 of the Ministry of Science, Technology, and Environment guiding the implementation of Clause 3, Article 16 of Decree No. 20/1999/NĐ-CP dated April 12, 1999, of the Government on trading in appraisal services for goods;
Respectfully submitted to: General Department of Standardization, Metrology, and Quality Control

The Ministry of Science and Technology and Environment guides the implementation of Clause 3 Article 16 of Decree No. 20/1999/NĐ-CP dated April 12, 1999 of the Government on business operations of goods inspection services as follows:

After checking the prescribed conditions, the General Department of Standardization, Metrology, and Quality Control hereby confirms

... (name of enterprise); :

Contact address: ... (postal address, telephone number, fax, email);

Is qualified to conduct appraisals for state management of the following goods:

2. This notification does not replace the official requisition for appraisal issued by the competent state agency.

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-

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This notification is valid for... years

from the date... Director of the General Department

Director of the General Department

General Department of Standardization, Metrology, and Quality Control

Place of Receipt:

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