Directive No. 540-TTg on Measurement Management and Product Quality Control in Market Circulation

DIRECTIVE

ON THE WORK OF MANAGING MEASUREMENTS AND QUALITY OF GOODS IN CIRCULATION IN THE MARKET

Recently, the market and commercial activities in our country have made positive progress, goods have become increasingly diverse and abundant, quality has been improved, meeting the consumption needs of the people. However, the work of managing measurements and quality of goods, inspection and supervision, compliance with regulations on ensuring the quality of goods in circulation in the market have not been given due attention. The phenomenon of selling fake goods, fraud in measurements and quality of goods, arbitrary and dishonest advertising activities have increased, even at times and places, the situation has become serious, not only causing losses to consumer rights, but also affecting consumer health, and reducing the reputation and economic interests of honest traders, while having negative impacts on production, living conditions, and healthy development of the national economy and society.

The main cause of this situation is that ministries, sectors, and localities responsible for managing measurements and quality of goods have not fully recognized their roles and responsibilities in organizing and coordinating actions to strictly and effectively manage the quality and measurements of goods in circulation in the market.

Current state regulations on managing measurements and quality of goods in circulation are not in line with or do not meet the requirements and demands of economic development, adjustments, supplements, or replacements to suit the characteristics and requirements of the new mechanism have not been promptly made.

The organizational structure and workforce engaged in inspection and supervision of measurements and quality of goods in circulation in the market are still insufficient and weak, operating inefficiently, failing to meet the requirements and demands of the development of goods and markets during the transition to a market economy.

To quickly address the weaknesses in management, measurement, and quality of goods in circulation, especially those goods directly affecting consumers' lives and health such as foodstuffs, beverages, etc., and to bring the management of quality and measurements of goods in circulation into a regular and lawful framework, contributing to promoting and expanding civilized and healthy commercial activities in the country, the Prime Minister instructs:

1. Ministry of Commerce:

- To take the lead and coordinate with the Ministry of Science, Technology, and Environment to review current regulations on managing measurements and quality of goods in circulation in the market, to amend, supplement, or submit new regulations to the Government that are suitable to the characteristics and trends of market development in the country, aiming to improve the effectiveness of managing measurements and quality of goods in circulation in the market.

- To study and develop a regulation on product labels (etiquette and brand name) so that all businesses when engaging in trade have their own brand; all goods circulating in the market must have product labels indicating basic quality indicators of the product, serving as a basis for consumer selection and inspection and supervision by competent authorities regarding compliance with regulations on measurements and quality of goods.

- To coordinate with the Ministry of Science, Technology, and Environment to review and rectify the activities of organizations and agencies currently conducting certification and recognition of goods quality according to a streamlined administrative apparatus and procedures, operating effectively, timely responding to the requirements of the new management mechanism. Clearly define the functions of researching and establishing quality standards for goods from those implementing certification of goods quality according to standards to formulate appropriate policies and measures for management to eliminate the situation where an agency or unit both establishes (prescribes) quality standards for goods and conducts certification of goods quality as currently practiced, ensuring independence, objectivity, and honesty in certification, inspection, and measurement of quality. Quality certification of goods is one of the commercial service activities, therefore units engaged in quality certification of goods must register their business operations and be subject to legal regulation like other commercial service activities.

- To plan and implement measures to strengthen technical infrastructure and professional training for units and individuals engaged in market management to have the necessary conditions and capabilities to perform inspection and supervision functions of measurements and quality of goods. To coordinate with relevant sectors and localities to strictly and thoroughly carry out market inspection and supervision, ensuring order and discipline in commercial activities nationwide.

2. The Ministry of Science, Technology, and Environment.

- To review the system of Vietnamese Standards to adjust, amend, or supplement standards that have been issued but are no longer suitable or do not meet the requirements of the new situation. To study, establish, and issue minimum quality standards (in addition to hygiene and safety standards) applicable to important products, products whose consumption directly affects health and the environment such as foodstuffs, beverages, etc., serving as a basis for quality inspection of domestically produced goods as well as imported goods.

- To coordinate with the Ministry of Finance and related sectors to study and submit to the Government measures to enhance the effectiveness of state protection for registered industrial property rights, making industrial property rights truly play a positive role in combating the production and sale of counterfeit goods.

- Strengthen inspection and supervision of the activities of organizations and units responsible for inspecting the production of measuring instruments to ensure that all activities and products related to measurement quality are produced in accordance with standards and unified management regulations of the State. Coordinate with market management forces to detect, inspect, and handle violations related to the production, circulation, and use of measuring instruments, while continuously enhancing the capacity and technical equipment of the system of inspection agencies to have sufficient capability to serve the requirements of national goods measurement quality management.

3. Ministry of Culture and Information

Coordinate with the Ministry of Commerce to guide the implementation of Decree No. 194/CP dated December 31, 1994, concerning commercial advertising activities, particularly contents related to measurement and product quality, ensuring that commercial advertising activities comply with the law, are truthful, and accurate.

4. Sectoral Ministries, People's Committees of provinces and centrally governed cities.

- Based on their areas and scope of management, sectoral ministries shall, in coordination with the Ministry of Science, Technology, and Environment, establish quality standards for goods within their respective sectors and be responsible before the Government for measurement and quality work regarding goods put into circulation on the market under their management responsibility.

- The People's Committee of provinces and centrally governed cities shall be responsible before the Government for organizing the implementation of state regulations in their localities concerning inspection, control, prevention of fake goods production and sales, and fraud in measurement and quality of circulating goods. They must prioritize this task equally with combating speculation, smuggling, illegal trade in prohibited goods, and other unlawful business practices, and develop active plans and measures for continuous implementation at the local level, while coordinating with other sectors and localities to effectively implement regulations on national goods measurement and quality management.