Circular No. 63/2011/TT-BGTVT Issuing the List of Products and Goods with Potential to Cause Safety Hazards under the Ministry of Transport's State Management Responsibility

CIRCULAR

ISSUING THE LIST OF PRODUCTS AND GOODS WITH POTENTIAL TO CAUSE SAFETY HAZARDS UNDER THE RESPONSIBILITY OF THE MINISTRY OF TRANSPORT FOR STATE MANAGEMENT

RESPONSIBILITY FOR STATE MANAGEMENT BY THE MINISTRY OF TRANSPORT

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

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

BASED ON THE GOVERNMENT DECREE NO. 51/2008/NĐ-CP OF APRIL 22, 2008, PROVIDING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORT;

THE MINISTER OF TRANSPORT ISSUES THE LIST OF PRODUCTS AND GOODS WITH POTENTIAL TO CAUSE SAFETY HAZARDS AND ESTABLISHES PRINCIPLES FOR MANAGING THE QUALITY OF SUCH PRODUCTS AND GOODS UNDER THE RESPONSIBILITY OF THE MINISTRY OF TRANSPORT FOR STATE MANAGEMENT AS FOLLOWS:

Article 1. Scope of Regulation

THIS CIRCULAR SPECIFIES THE FOLLOWING:

1. THE LIST OF PRODUCTS AND GOODS WITH POTENTIAL TO CAUSE SAFETY HAZARDS (HEREINAFTER REFERRED TO AS THE LIST OF GROUP 2 PRODUCTS AND GOODS) UNDER THE RESPONSIBILITY OF THE MINISTRY OF TRANSPORT FOR STATE MANAGEMENT IS PROVIDED IN POINT C, CLAUSE 2, ARTICLE 32 OF THE GOVERNMENT DECREE NO. 132/2008/NĐ-CP OF DECEMBER 31, 2008, DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON PRODUCT AND GOOD QUALITY (HEREINAFTER REFERRED TO AS GOVERNMENT DECREE NO. 132/2008/NĐ-CP).

2. PRINCIPLES FOR MANAGING THE QUALITY OF GROUP 2 PRODUCTS AND GOODS UNDER THE RESPONSIBILITY OF THE MINISTRY OF TRANSPORT FOR STATE MANAGEMENT.

Article 2. Applicability

This Circular applies to:

1. DOMESTIC AND FOREIGN ORGANIZATIONS AND INDIVIDUALS ENGAGED IN PRODUCTION, BUSINESS, DESIGN, CONSTRUCTION, AND OTHER ACTIVITIES RELATED TO PRODUCTS AND GOODS LISTED IN THE LIST OF GROUP 2 PRODUCTS AND GOODS UNDER THE RESPONSIBILITY OF THE MINISTRY OF TRANSPORT FOR STATE MANAGEMENT.

2. ORGANIZATIONS AND INDIVIDUALS ENGAGED IN ACTIVITIES RELATED TO THE QUALITY OF GROUP 2 PRODUCTS AND GOODS UNDER THE RESPONSIBILITY OF THE MINISTRY OF TRANSPORT FOR STATE MANAGEMENT.

ARTICLE 3. THE LIST OF GROUP 2 PRODUCTS AND GOODS UNDER THE RESPONSIBILITY OF THE MINISTRY OF TRANSPORT FOR STATE MANAGEMENT.

THE LIST OF GROUP 2 PRODUCTS AND GOODS UNDER THE RESPONSIBILITY OF THE MINISTRY OF TRANSPORT FOR STATE MANAGEMENT IS SET OUT IN THE ANNEX TO THIS CIRCULAR.

Article 4. Principles of Management

1. THE MANAGEMENT OF THE QUALITY OF PRODUCTS AND GOODS LISTED IN THE LIST OF GROUP 2 PRODUCTS AND GOODS UNDER THE RESPONSIBILITY OF THE MINISTRY OF TRANSPORT FOR STATE MANAGEMENT SET OUT IN THE ANNEX TO THIS CIRCULAR SHALL BE CONDUCTED IN ACCORDANCE WITH THE PRINCIPLE THAT PRODUCTS AND GOODS MUST BE CERTIFIED, ANNOUNCED, OR TESTED AND ACCEPTED IN ACCORDANCE WITH NATIONAL TECHNICAL REGULATIONS OR QUALITY MANAGEMENT REQUIREMENTS ISSUED BY THE MINISTRY OF TRANSPORT BEFORE THEY ARE PLACED ON THE MARKET OR PUT INTO USE.

2. ORGANIZATIONS DESIGNATED TO CONDUCT FITNESS ASSESSMENTS MUST REGISTER THEIR FIELD OF ACTIVITY IN ACCORDANCE WITH CLAUSE 2, ARTICLE 17 OF THE GOVERNMENT DECREE NO. 132/2008/NĐ-CP OF DECEMBER 31, 2008, DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON PRODUCT AND GOOD QUALITY.

Article 5. Effectiveness and implementation

1. This Circular shall take effect 45 days from the date of signature.

2. THE SCIENCE AND TECHNOLOGY DEPARTMENT SHALL TAKE THE LEAD IN COOPERATING WITH RELEVANT AUTHORITIES TO IMPLEMENT AND GUIDE THE IMPLEMENTATION OF THIS CIRCULAR AND SUBMIT TO THE MINISTER FOR MODIFICATION AND SUPPLEMENTATION OF THE LIST AS REQUIRED BY MANAGEMENT.

3. THE HEAD OF THE MINISTRY’S OFFICE, THE HEAD OF THE MINISTRY’S INSPECTION DEPARTMENT, THE DIRECTORS OF THE DEPARTMENTS, THE DIRECTORS OF THE BUREAUS, AND THE HEADS OF THE AUTHORITIES AND ORGANIZATIONS INVOLVED SHALL BE RESPONSIBLE FOR ENFORCING THIS CIRCULAR./.