Decree No. 74/2018/NĐ-CP Amending and supplementing some articles 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

DECREE

Amending and supplementing some articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality

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Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the proposal of the Minister of Science and Technology;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality.

Article 1. Amending and supplementing some articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality

1. Amending Article 3 as follows:

“Article 3. Products and goods with potential to cause safety hazards

1. Principles for determining products and goods with potential to cause safety hazards (Group 2 products and goods) are based on:

a) The potential for safety hazards that may occur from the products and goods;

b) Requirements and capacity for state management during each period.

2. The potential for safety hazards that may occur from the products and goods is determined based on one or more of the following factors:

a) Chemical, physical, and biological nature;

b) Structure and operating principle;

c) Transportation, storage, preservation, and usage process.

3. Based on the provisions of Clause 1 and Clause 2 of this Article, the Ministry managing the industry or sector shall determine Group 2 products and goods and corresponding HS codes in accordance with the Vietnam Export and Import Goods List attached with an explanation of the reasons for selecting Group 2 products and goods to establish national technical regulations accordingly and management measures for Group 2 products and goods within the scope of the industry or sector under their assigned management as stipulated in Clause 2 of Article 32 of this Decree.

4. The Ministry managing the industry or sector shall coordinate and unify with the Ministry of Science and Technology in determining Group 2 products and goods, establishing corresponding national technical regulations, and management measures for Group 2 products and goods specified in the national technical regulations. The establishment of corresponding technical regulations shall be carried out in accordance with the laws on standards and technical regulations.”

2. Supplementing Point c Clause 1 and amending Clause 2 of Article 4 as follows:

“1. Producers must comply with the requirements for product quality management as prescribed in Article 28 of the Law on Product Quality before putting the products into circulation on the market, and at the same time bear the responsibility:

c) In case of using code numbers or barcodes on products, goods, or packaging, they must comply with the provisions of Article 19b of this Decree.

2. For Group 2 products, producers must declare conformity according to the corresponding national technical regulations. The declaration of conformity is detailed in the corresponding national technical regulations according to one of the following methods:

a) Results of self-assessment of compliance by organizations or individuals;

b) Results of certification by certification organizations registered or recognized in accordance with the law;

c) Results of certification by certification organizations designated in accordance with the law.

In case the production of products currently applying the method prescribed in Point a or Point b of this Clause is found to have non-compliant quality causing harm to people, animals, plants, property, environment, or when there are complaints or reports about production activities, then the production of such products will switch to a stricter method.

For Group 2 products with special requirements for the production process, the industry or sector management ministry shall issue national technical regulations for the production process or specify specific requirements for the production process in the national technical regulations for those products. Producers are responsible for applying relevant national technical regulations on the production process and obtaining conformity certification by certification organizations registered or recognized in accordance with the law.”

3. Supplementing Point c Clause 1; amending Clause 2 of Article 7 and supplementing Clause 2a, Clause 2b, Clause 2c, Clause 6, Clause 7, Clause 8, Clause 9 of Article 7 as follows:

“1. Importers must comply with the requirements for goods quality management as prescribed in Article 34 of the Law on Product Quality before putting the goods into circulation on the market, and at the same time bear the responsibility:

c) In case of using code numbers or barcodes on products, goods, or packaging, they must comply with the provisions of Article 19b of this Decree.

2. For imported Group 2 products and goods, state inspection of goods quality is conducted through reviewing the importer's declaration of conformity. The declaration of conformity is detailed in the corresponding national technical regulations according to one of the following methods:

a) Results of self-assessment of compliance by organizations or individuals;

b) Results of certification and inspection by certification organizations or inspection organizations registered or recognized in accordance with the law;

c) Results of certification and inspection by certification organizations or inspection organizations designated in accordance with the law.

2a. For imported Group 2 goods, in the national technical regulations specifying the method of declaring conformity as prescribed in Point a Clause 2 of this Article, importers must perform:

a) Register for state inspection of imported goods quality and commit to the quality of imported goods being consistent with technical regulations and announced standards according to Form No. 01 attached to this Decree at the product quality inspection agency (hereinafter referred to as the inspection agency) and attach the following documents: A copy of the Contract, Goods List (if any), a certified copy (by the importer) of the airway bill, invoice, customs declaration form for imported goods; certificate of quality from the exporting country (quality certificate, test results); certificate of origin (if any), photos or descriptions of goods containing mandatory information to be displayed on the label and supplementary label (if the main label does not contain all required information); free circulation certificate (if any). The importer bears full legal responsibility for the quality of imported goods.

b) Within one working day, the inspection agency confirms that the importer has registered for quality inspection of imported goods on the importer's registration form. The importer submits the confirmed registration form to the customs authority to obtain clearance for the goods.

c) Within fifteen working days from the date of clearance of the goods, the importer must submit to the inspection agency the results of self-assessment of conformity as prescribed.

The importer shall be fully responsible for the results of self-assessment of conformity and ensure that the goods comply with technical regulations and published standards. In case the goods do not meet the technical regulations and published standards, the importer must promptly report to the inspection agency and simultaneously organize the handling and recall of such goods in accordance with the provisions of the law.

2b. For imported goods in Group 2, in the national technical regulation stipulating the method of declaring conformity according to Point b Clause 2 of this Article, the importer must implement:

a) Registering for state quality inspection of imported goods and committing to the quality of the goods being in compliance with technical regulations and published standards as prescribed in Form No. 01 of the Appendix issued together with this Decree at the inspection agency, along with the documents as prescribed in Point a Clause 2a of this Article. The importer shall be fully responsible under the law for the quality of the goods they import.

b) Within one working day, the inspection agency confirms that the importer has registered for quality inspection of imported goods on the importer's registration form. The importer submits the confirmed registration form to the customs authority to obtain clearance for the goods.

c) Within fifteen working days from the date of clearance of the goods, the importer must submit to the inspection agency a certified true copy (signed and stamped by the importer) of the quality certificate (Certificate of Conformity issued by the certification organization or Inspection Certificate of Conformity issued by the inspection organization).

In case the goods have been evaluated by a certification organization in the exporting country, within three working days from the date of clearance, the importer must submit a certified true copy (signed and stamped by the importer) of the Certificate of Conformity to the inspection agency. The importer shall be fully responsible and ensure that the goods comply with technical regulations and published standards. In case the goods do not meet the technical regulations and published standards, the importer must promptly report to the inspection agency and simultaneously organize the handling and recall of such goods in accordance with the provisions of the law.

2c. For imported goods in Group 2, in the national technical regulation stipulating the method of declaring conformity according to Point c Clause 2 of this Article, the importer must implement:

a) Registering for state quality inspection of imported goods and committing to the quality of the goods being in compliance with technical regulations and published standards as prescribed in Form No. 01 of the Appendix issued together with this Decree at the inspection agency, along with a certified true copy (signed and stamped by the importer) of the quality certificate and the documents as prescribed in Point a Clause 2a of this Article;

b) The inspection agency conducts inspections and processes as follows:

b1) Receiving the application for registration of quality inspection of imported goods as prescribed in Form No. 02 of the Appendix issued together with this Decree and confirming that the importer has registered for quality inspection of imported goods on the importer's registration form.

b2) Conducting inspections according to the contents specified in Point c of this Clause:

- In case the application is complete and appropriate, within one working day from the date of receipt of the application for registration of quality inspection, the inspection agency must issue a Notification of the result of state quality inspection of imported goods meeting the required quality standards as prescribed in Form No. 03 of the Appendix issued together with this Decree, sent to the importer to proceed with clearance procedures for the consignment.

- In case the application is complete but inappropriate, the inspection agency handles it as follows:

+ In case the goods do not meet the labeling requirements, the inspection agency issues a notification of the result of state quality inspection of imported goods not meeting the required quality standards as prescribed in Form No. 03 of the Appendix issued together with this Decree, specifying the non-compliant items in the notification sent to the importer, and simultaneously requiring the importer to rectify the labeling within no more than five working days. The inspection agency will only issue a notification of the consignment of imported goods meeting the required quality standards when the importer provides evidence of rectification.

+ In case the quality certificate of the imported goods does not match the consignment's application or the quality certificate does not comply with the corresponding published standards and technical regulations, the inspection agency issues a notification of the result of state quality inspection of imported goods not meeting the required quality standards as prescribed in Form No. 03 of the Appendix issued together with this Decree, specifying the non-compliant items in the notification sent to the customs authority and the importer. At the same time, report to the competent management authority for handling in accordance with Clause 2 of Article 8 of this Decree.

- In case the application is incomplete, the inspection agency records the missing items in the application receipt form and requires the importer to supplement and complete the application within fifteen working days. If the application is still not completed within the deadline, the importer must send a written notice to the inspection agency detailing the reasons and completion time. Subsequent inspection steps can only be carried out after the importer has completed the application fully.

In case the importer fails to complete the application within the prescribed period, within one working day from the end of the supplementary application period, the inspection agency issues a notification of the result of state quality inspection of imported goods as prescribed in Form No. 03 of the Appendix issued together with this Decree. The notification specifies "The consignment has not completed the application" and is sent to the importer and the customs authority. At the same time, take the lead and coordinate with the authorized inspection agency to conduct a surprise inspection of the quality of the goods at the importer's premises.

c) The quality inspection agency shall conduct inspections according to the following contents:

c1) Checking the completeness of the application for quality inspection registration of imported goods;

c2) Inspecting the results of conformity assessment, compliance marks, product labels (for goods that must be labeled), and accompanying documents of products and goods subject to inspection:

- Verifying the consistency between the content of the quality certificate of the imported consignment and the requirements of technical regulations, announced standards, and current regulations; checking the accuracy and consistency of information in the quality inspection registration dossier;

- Inspecting mandatory label content (and supplementary labels) including the name of the product, the address of the organization or individual responsible for the product; origin of the product and other contents specified for each type of product; the consistency of the label with the import consignment dossier;

- Inspecting the position, color, size, and language presentation of the label;

- Inspecting the presentation of compliance marks directly on the product, goods, or on packaging or labels attached to the product, goods;

c3) Inspecting the approval document according to the provisions of the sectoral management authority for imported goods belonging to Group 2 products with new characteristics that may cause safety risks not yet regulated in corresponding technical regulations.

6. In cases where the importer registers for quality inspection through the National Single Window Portal, the quality inspection registration and result issuance shall be conducted through the National Single Window Portal.

For imported goods subject to measures provided for in Clause 2a or Clause 2b of this Article, if non-compliance with quality standards causing harm to people, animals, plants, property, environment, or complaints and reports about production or import activities are discovered, stricter inspection measures shall be applied to such imported goods.

7. Group 2 products and goods are exempted from quality inspection upon importation:

a) Luggage of incoming travelers, movable assets of organizations and individuals within the tax-free allowance (excluding motor vehicles, special-purpose motorcycles, electric bicycles);

b) Goods of diplomatic organizations and international organizations within the tax-free allowance (excluding motor vehicles, special-purpose motorcycles, electric bicycles);

c) Samples for advertising without usage value; samples for scientific research, research serving production; samples for testing serving conformity assessment, certification of national technical standards, inter-laboratory testing;

d) Temporary imported goods for display and introduction at trade fairs (excluding motor vehicles, special-purpose motorcycles, electric bicycles);

đ) Gifts and presents within the tax limit (excluding motor vehicles, special-purpose motorcycles, electric bicycles);

e) Goods exchanged by border residents within the tax limit;

g) Temporary imported goods for re-export not consumed or used in Vietnam (excluding motor vehicles, special-purpose motorcycles, electric bicycles);

h) Transit, transshipment, and transfer goods;

i) Goods brought into bonded warehouses from abroad (not applicable to goods from bonded warehouses brought into domestic areas for consumption);

k) Raw materials, components, samples for processing for foreign traders, for export production;

l) Goods sold duty-free to outbound passengers (managed under temporary import-reexport regime);

m) Re-imported goods for repair and recycling according to the requirements of foreign partners;

n) Imported goods for urgent needs as directed by the Government, Prime Minister;

o) Specialized imported goods for defense and security purposes;

p) Other types of goods not intended for business (non-trade transactions) as prescribed by law.

8. Application of measures to exempt or reduce quality inspection for Group 2 imported goods

a) For imported goods (excluding transportation means) with the same name, function, brand, model, technical characteristics produced by the same manufacturer, origin imported by the same importer, after three consecutive imports, with satisfactory conformity assessment results of national technical standards confirmed by the inspection agency to be exempted from state quality inspection for two years with the following information: Product name, brand, model; technical characteristics; origin, manufacturer; quantity, weight of imported goods registered; unit of measurement.

To be exempted or reduced from quality inspection of imported goods, the importer must submit a request for exemption from inspection with the following information: Product name, brand, model; technical characteristics; origin, manufacturer; quantity, weight of imported goods registered; unit of measurement; conformity assessment results of national technical standards for three consecutive times.

b) During the period of exemption or reduction from state quality inspection of imported goods:

- Every three months, the importer must report on the import situation along with the conformity assessment results of national technical standards, announced standards to the inspection agency for monitoring and post-inspection work.

- The inspection agency has the right to conduct spot checks on imported consignments when discovering or receiving complaints or reports about the quality of imported goods (if necessary).

c) During the exemption or reduction period, if imported goods circulating in the market are found to be non-compliant with national technical standards, announced standards, or if there are complaints or reports about conformity assessment results verified to be true or spot checks on imported consignments reveal non-compliance with conformity assessment requirements, the inspection agency will issue a notice to suspend the exemption from inspection.

Annually, the inspection agency conducts inspections at the storage facilities of importers. The Ministry of Science and Technology stipulates the procedures and contents of product and goods quality inspections during production.

9. State control over the quality of imported goods is the responsibility of the agencies assigned and authorized to perform state management tasks regarding product and commodity quality under the relevant ministries and branches, specialized agencies under provincial and centrally-administered city People's Committees; conformity declaration shall be carried out in accordance with the provisions of laws on standards and technical regulations.

4. Amend Clause 2 of Article 12 as follows:

“2. Based on the inspection plan approved by the competent authority, or in cases of sudden inspections or upon directives from competent state authorities, the product and commodity quality inspection agency shall conduct market inspections on the quality of circulating goods according to the following contents:

a) Checking compliance with legal requirements concerning product and commodity quality;

b) After inspecting the requirements stipulated in Point a of this Clause, if there are signs indicating non-compliance with quality standards, samples shall be taken and tested at conformity assessment organizations in accordance with the law to verify the conformity of the goods with applicable standards and corresponding technical regulations. The conformity assessment organization must be independent, impartial, and legally responsible for its assessment results.”

5. Amend Clause 3 of Article 13 as follows:

“3. When violations requiring administrative penalties are discovered, the Head of the Inspection Team shall prepare an administrative violation report and handle it within their authority; in cases exceeding their authority, the Head of the Inspection Team shall transfer the case file and recommendations to the inspection agency for handling in accordance with the law on administrative violations. In cases exceeding their authority, the inspection agency shall transfer the case file and recommendations to the competent authority for handling administrative violations; the competent authority shall notify the inspection agency of the results of the administrative violation handling for coordination and follow-up.”

6. Add Article 13a and Article 13b as follows:

“Article 13a. Responsibilities of Organizations and Individuals Producing and Trading Products and Commodities Circulating in the Market

1. Products and commodities circulating in the market must ensure they do not pose safety risks to people, animals, plants, property, or the environment.

2. Upon discovering that products and commodities circulating in the market do not meet safety requirements according to applicable standards and technical regulations or have the potential to cause safety risks to people, animals, plants, property, or the environment, organizations and individuals responsible for such products and commodities shall take measures to withdraw them from circulation and comply with the requirements of the competent state management authority when instructed to do so.

Article 13b. Determination of the Value of Violating Products and Commodities Already Sold

1. The quantity of violating products and commodities already sold is the total quantity of those products and commodities recorded in invoices, documents, and materials at the time of the most recent import prior to the inspection date, minus the quantity remaining in stock at the time of the violation.

2. The value of violating products and commodities already sold is the latest selling price of those products and commodities at the time of discovery of the violation multiplied by the quantity of violating products and commodities already sold.

3. The Ministry of Science and Technology shall provide detailed guidance on determining the value of violating products and commodities already sold as prescribed in Clauses 1 and 2 of this Article.

7. Amend Article 17 as follows:

“Article 17. Accreditation organizations and registration for conformity assessment activities

1. Accreditation organizations providing services on the territory of Vietnam shall be granted rights as specified in Article 19 of the Product Quality Law after meeting the conditions stipulated in Clause 5 of Article 25 of the Product Quality Law and Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government on business conditions for conformity assessment services (hereinafter referred to as Decree No. 107/2016/ND-CP).

2. The registration of accreditation organizations' activities shall be carried out in accordance with the provisions of Decree No. 107/2016/ND-CP.”

8. Amend Article 18 and supplement Articles 18a, 18b, 18c, 18d, 18đ, 18e, and 18g as follows:

“Article 18. Designation of accreditation organizations and recognition of conformity assessment results

1. Accreditation organizations that have registered their activities in accordance with Article 17 of this Decree may participate in conformity assessment activities for products and goods in Group 2 as specified in Points a and b of Clause 2 of Article 4 and Points a and b of Clause 2 of Article 7 of this Decree.

2. Accreditation organizations designated by competent state agencies may participate in conformity assessment activities for products and goods in Group 2 as specified in Clause 2 of Article 4 and Clause 2 of Article 7 of this Decree.

3. Ministries managing sectors and fields, People's Committees of provinces and centrally governed cities shall designate accreditation organizations to perform testing, inspection, certification, and verification activities as specified in Clause 2 of this Article for products and goods within their assigned sectors, fields, and localities.

4. Ministries managing sectors and fields, People's Committees of provinces and centrally governed cities shall be responsible for publicly announcing lists of designated accreditation organizations, registered accreditation organizations, and accreditation organizations whose conformity assessment results are recognized in accordance with Clause 2 of Article 26 of the Product Quality Law for relevant authorities, organizations, and individuals to choose and use.

Article 18a. Conditions for designation of accreditation organizations

1. Conditions for designated testing organizations

a) Having been issued a certificate of registration for testing activities in accordance with Decree No. 107/2016/ND-CP, including the field of testing designated;

b) Must conduct proficient testing or inter-laboratory comparison tests for the product or goods' testing methods that have been designated.

For tests that do not yet have the conditions to conduct proficiently or inter-laboratory comparisons, additional documentation of test methods, confirmation of the utility value of the test method, and reference materials for quality control must be provided.

2. Conditions for designated inspection, examination, certification organizations

Having been issued a certificate of registration for inspection, examination, certification activities in accordance with Decree No. 107/2016/ND-CP, including the field of inspection, examination, certification designated.

Article 18b. Registration dossier for designation

1. In the case of initial designation, the dossier includes:

a) Application for designation of conformity assessment according to Model No. 04 attached to this Decree;

b) Copy of the Certificate of Registration for Testing, Inspection, Verification, Certification Activities;

c) List of testers, inspectors, verifiers, evaluation experts according to Model No. 05 attached to this Decree, accompanied by copies of certificates of specialized training;

d) Catalogue of technical documents, standards, and procedures, processes for testing, inspection, verification, certification corresponding to the products, goods, processes, environments designated, accompanied by copies of procedures, processes for testing, inspection, verification, certification corresponding to the designated products, goods, processes, environments;

đ) Catalogue of testing equipment for the designated field (for testing and verification organizations) according to Model No. 07 attached to this Decree, accompanied by copies of valid calibration and verification certificates;

e) Copies of Certificates of Recognition of Testing, Inspection, Verification, Certification Capabilities issued by legitimate accreditation organizations (if any);

g) Copies of proficient testing or inter-laboratory comparison results for the testing methods of the designated products, goods (for testing organizations).

For tests that do not yet have the conditions to conduct proficiently or inter-laboratory comparisons, additional documentation of test methods, confirmation of the utility value of the test method, and reference materials for quality control must be provided.

In the case where an accreditation organization simultaneously submits a registration dossier for activities (in accordance with Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government on business conditions for conformity assessment services) and a registration dossier for designation, the accreditation organization does not need to submit the components of the dossier as specified in Points b, c, d, đ, and e of this Clause.

2. In the case of changes or additions to the scope or field of designation, the dossier includes:

a) Application for change or addition to the scope or field of designation according to Model No. 09 attached to this Decree;

b) Copy of the Certificate of Registration for Testing, Inspection, Verification, Certification Activities; copy of the Decision on Designation of Accreditation Organizations;

c) List of testers, inspectors, verifiers, evaluation experts for the scope or field of designation changes or additions according to Model No. 05 attached to this Decree, accompanied by copies of certificates of specialized training;

d) Catalogue of technical documents, standards, and procedures for testing, inspection, verification, certification corresponding to the scope or field of designation changes or additions according to Model No. 06 attached to this Decree, accompanied by copies of corresponding procedures, processes for testing, inspection, verification, certification;

đ) Catalogue of testing equipment for the scope or field of designation changes or additions (for testing and verification organizations) according to Model No. 07 attached to this Decree, accompanied by copies of valid calibration, verification, and testing certificates;

e) Copies of Certificates of Recognition of Testing, Inspection, Verification, Certification Capabilities issued by legitimate accreditation organizations (if any) for the scope or field of designation changes or additions;

g) A copy of the proficiency testing or inter-laboratory comparison test results for the method of the registered product or goods subject to change or addition (for testing organizations).

For tests that do not yet have the conditions to conduct proficiently or inter-laboratory comparisons, additional documentation of test methods, confirmation of the utility value of the test method, and reference materials for quality control must be provided.

3. In cases of reissuing where certification bodies have valid designation decisions but such decisions are lost, damaged, or the name, address, or scope of designation has changed, the application file shall include:

a) An application form for reissuing the designation decision according to Model No. 10 attached as an appendix to this Decree;

b) The original designation decision that is damaged (in cases where the designation decision is damaged).

4. Ninety days before the expiration date of the designation decision, if necessary, certification bodies must prepare an application file similar to the initial designation case stipulated in Clause 1 of Article 18b of this Decree. For testing organizations already designated, the application file for designation must be accompanied by documentation proving participation in at least one proficiency testing or inter-laboratory comparison program in the designated testing field.

Article 18c. Forms of Application Submission

Certification bodies wishing to participate in testing, inspection, examination, and certification activities serving state management in specific fields shall submit one set of registration application files to the relevant sectoral management agency, provincial people's committee, or directly under central city people's committee (hereinafter referred to as the designating authority):

1. In cases of direct submission, unauthenticated copies of certificates and documents specified in Article 18b of this Decree must be accompanied by the originals for verification.

2. In cases of submission via postal service, certification bodies must submit authenticated copies or true copies (signed and stamped by the organization) of the certificates and documents specified in Article 18b of this Decree.

Article 18d. Procedures and Formalities for Designation

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

a) Within three working days from the date of receipt of the application file, if the file is incomplete or not in compliance with regulations, the designating authority shall notify the certification body in writing to amend or supplement the file.

b) Within twenty days from the date of receipt of a complete and compliant file, the designating authority shall organize an on-site capability assessment through the dispatch of experts or the formation of an evaluation team. The content of the on-site assessment is regulated in Point c of this Clause.

In cases of changes or additions, if the application file is complete and compliant, the designating authority will review the file without conducting an on-site capability assessment. If the file is complete but contains non-compliant content or there are requirements from competent state authorities or information indicating violations related to the file, the designating authority will conduct an on-site capability assessment at the certification body.

The on-site capability assessment at the certification body must be notified in writing to the certification body that submitted the application file. Experts or members of the on-site assessment team must be trained in quality management systems corresponding to each type of certification body applying for designation. Upon completion of the assessment, the expert or team appointed by the designating authority must sign the on-site assessment report.

If the certification body must rectify issues listed in the on-site assessment report within thirty days, it must submit a report on corrective actions to the designating authority. If the rectification period needs to be extended, the certification body must provide a written report to the designating authority detailing the official completion date of the rectifications.

Within five working days from the date of receipt of the report on corrective actions based on the on-site assessment report, if the certification body meets the requirements, the designating authority will issue a designation decision for the certification body according to Model No. 08 attached as an appendix to this Decree. Depending on the actual capability of the certification body, the designating authority will determine the validity period of the designation decision, which shall not exceed five years from the date of issuance.

In cases of refusal to designate, the designating authority must notify the certification body in writing of the reasons.

c) Content of On-Site Assessment:

- Compliance with legal provisions by the certification body in the designated field;

- Authenticity of the application file;

- Other activities related to the designated field.

Costs associated with the assessment activities of experts or teams shall be borne by the certification body applying for designation.

2. In cases of reissuing designation decisions:

During the validity period of the designation decision, if certification bodies wish to apply for reissuance of the designation decision, they must prepare one set of application files for reissuance according to Article 18b of this Decree and submit them to the designating authority.

Within five working days from the date of receipt of a complete and compliant application file, the designating authority will examine and reissue the designation decision. If the requirements are not met, the designating authority will respond in writing and specify the reasons.

Article 18d. Responsibilities of sectoral management agencies, provincial People's Committees under the central government

1. Direct and manage organizations designated to conduct conformity assessment activities as prescribed by this Decree.

2. Receive, process registration files for designation and issue decisions on designating organizations to conduct conformity assessment activities serving inspection and supervision of products and goods specified in technical regulations issued by sectoral management agencies or stipulated in relevant legal documents.

3. Within five working days from the date of issuing the decision on designation, publicly announce on their official websites the list of designated conformity assessment organizations for inspection and supervision agencies, organizations, and individuals to choose from and inform the Ministry of Science and Technology for monitoring and consolidation.

4. Inspect and supervise the activities of conformity assessment organizations as prescribed by law.

5. Regularly report annually in December or at any time when required, on the situation of designating conformity assessment organizations to the Ministry of Science and Technology for consolidation and reporting to the Prime Minister.

Article 18e. Responsibilities of designated conformity assessment organizations

1. Perform rights and obligations as prescribed in Articles 19 and 20 of the Product Quality Law. In case of violation of this Decree or Article 20 of the Product Quality Law, they will be subject to examination and handling according to the provisions of the law depending on the nature and extent of the violation.

For designated testing organizations, within 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 goods that have been designated.

2. Annually on December 15 or at any time when required, report the results of the designated conformity assessment activities according to Model No. 11 attached to this Decree to the designating agency for consolidation.

3. Notify the designating agency of any changes affecting the testing, inspection, certification capabilities within fifteen days from the date of change.

Article 18g. Revocation of designation decision for conformity assessment organizations

Sectoral management agencies shall consider and decide to revoke the designation decision in cases where the conformity assessment organization violates any of the following circumstances:

1. Repeated violations of the provisions of Clause 6, Article 8 and Article 20 of the Product Quality Law and the provisions of this Decree.

2. Failing to fully perform the corresponding responsibilities prescribed in Article 18e of this Decree for two consecutive years.

3. Failing to ensure one of the corresponding conditions for conformity assessment organizations as prescribed in Article 18a of this Decree.

4. Forgery or false declaration of documents in the registration file for designation; issuing fake conformity assessment results.

5. Altering, erasing, or tampering with the content of the designation decision issued.

6. Failing to implement corrective measures for violations as required by inspection and supervision agencies.

9. Supplement Section 7 of Chapter II "State Management of Barcode" and supplement Articles 19a, 19b, 19c, 19d in Section 7 as follows:

“Section 7

BARCODES AND MANAGEMENT OF BARCODES

Article 19a. Allocation of State Management over Activities Related to Product Codes and Barcodes

1. The Ministry of Science and Technology assists the Government in uniformly managing state affairs related to product codes and barcodes, and technologies based on product codes and barcodes, with responsibilities and authorities:

a) Developing strategies, programs, projects, proposals, standards, technical regulations, and normative legal documents on product codes and barcodes;

b) Guiding ministries, sectors, provincial People's Committees under the central government, organizations, and individuals related to the implementation and application of product codes and barcodes.

2. The General Department of Standardization, Metrology, and Quality Control serves as the permanent agency assisting the Ministry of Science and Technology in managing state affairs related to product codes and barcodes, with responsibilities and authorities:

a) Directing the application of product codes and barcodes, organizing the dissemination and implementation of their application according to the standards of the International Organization for Standardization GS1;

b) Issuing and managing various types of product codes and barcodes of the International Organization for Standardization GS1; managing and implementing services authorized by the International Organization for Standardization GS1; exploiting national product code and barcode resources and databases;

c) Representing Vietnam at the International Organization for Standardization GS1 and conducting international cooperation activities related to product codes and barcodes;

d) Collecting, managing, and using fees for product codes and barcodes in accordance with the provisions of the law;

đ) Researching and developing applications, providing services and solutions related to product codes and barcodes and other relevant technologies;

e) Leading inspections, examinations, handling, and resolving complaints and reports related to product codes and barcodes.

3. Ministries, sectors, provincial People's Committees under the central government shall cooperate with the Ministry of Science and Technology in implementing the application of product codes and barcodes within the scope and fields they are responsible for managing.

4. The Ministry of Finance leads and coordinates with the Ministry of Science and Technology and relevant agencies in formulating regulations and guidelines on the collection, management, and use of fees and charges related to product codes and barcodes.

Article 19b. Responsibilities of Organizations Using Product Codes and Barcodes

1. For organizations using product codes and barcodes according to the standards of the International Organization for Standardization GS1 and having the Vietnamese country prefix "893":

a) Registering the use of product codes and barcodes with the competent state management agency;

b) Creating and affixing product codes and barcodes to objects under the organization's ownership in accordance with regulations;

c) Reporting, updating, and providing information related to the organization and objects using product codes and barcodes to the competent state management agency and relevant parties in the supply chain;

d) Being responsible for the uniqueness of product codes and barcodes when in use and not selling products or goods that do not meet the quality requirements of product codes and barcodes as stipulated by law;

đ) Not selling or transferring the right to use product codes and barcodes to other organizations;

e) In cases where authorization is granted to joint venture partners or contractors to use product codes and barcodes, a written authorization must be issued;

g) Paying registration fees and maintenance fees for the right to use product codes and barcodes as prescribed;

h) Registering for new issuance or reissuance of Certificates of Right to Use Product Codes and Barcodes;

i) Notifying in writing and returning the Certificate of Right to Use Product Codes and Barcodes to the competent state management agency when the organization has no need to use product codes and barcodes or ceases operations.

2. For organizations operating in Vietnam using foreign codes according to the standards of the International Organization for Standardization GS1:

a) Must be issued permission by the competent authority of the foreign country or authorized by the owner of the foreign code to use it;

b) If authorized by the foreign code owner to use it, the organization must notify the competent state management agency to confirm the use of the foreign code.

3. For organizations using product codes and barcodes not according to the standards of the International Organization for Standardization GS1:

a) Adhering to the standards and technical regulations regarding the type of product codes and barcodes currently in use;

b) When bringing objects using product codes and barcodes to the market or outside the organization's scope, the organization must ensure that the used product codes and barcodes do not overlap or cause confusion with those according to the standards of the International Organization for Standardization GS1; taking measures to warn, guide differentiation or remove such product codes and barcodes before bringing them to the market.

4. For organizations distributing, circulating, and trading products and goods:

a) Inspecting and controlling the quality and legality of product codes and barcodes on goods before circulation;

b) Not distributing, circulating, or trading products or goods or objects using product codes and barcodes that do not comply with regulations.

5. For organizations and individuals developing and providing services, solutions, and applications based on product codes and barcodes:

a) Ensuring the correct and appropriate use of data on objects using product codes and barcodes with the data on product codes and barcodes from the competent state management agency or the International Organization for Standardization GS1;

b) Not publishing false information about the owners of product codes and barcodes or objects using product codes and barcodes that have complied with regulations;

c) In cases where national product code and barcode resources are exploited, organizations and individuals bear the responsibility for paying usage costs.

6. The Ministry of Science and Technology will provide detailed guidance on the use of product codes and barcodes as stipulated in this Article.

Article 19c. Procedures for Issuing the Certificate of Right to Use Code Numbers and Barcodes

1. Documents:

a) In case of issuing a new certificate, the dossier shall include:

- The application form for using code numbers and barcodes as prescribed in Model No. 12 attached to this Decree;

- A copy of the Business Registration Certificate, Investment Registration Certificate, or Decision on Establishment.

b) In case of reissuing a certificate, the dossier shall include:

- The application form for reissuing the certificate as prescribed in Model No. 13 attached to this Decree;

- A copy of the Business Registration Certificate, Investment Registration Certificate, or Decision on Establishment in cases where there is a change in name or address;

- The original certificate (except in cases of loss).

2. Forms of submission of dossiers:

Organizations and individuals who wish to implement procedures related to code numbers and barcodes shall prepare one set of dossier in accordance with the provisions of Clause 1 of this Article and submit it directly or send it by post to the competent authority for code numbers and barcodes. In cases of direct submission, the original must be provided for verification. In cases of submission by post, copies certified true copies or copies bearing signatures and stamps must be submitted.

3. Procedure for handling the procedure:

a) In case of issuing a new certificate:

If the dossier is not complete as prescribed, within five working days from the date of receipt of the dossier, the competent authority for code numbers and barcodes shall notify the organization or individual submitting the dossier to amend and supplement;

If the dossier is complete and valid and the organization or individual submitting the dossier has paid the required fees, within twenty days from the date of receipt of the dossier, the competent authority for code numbers and barcodes shall issue the certificate as prescribed in Model No. 14 attached to this Decree;

The validity period of the certificate shall not exceed three years from the date of issuance.

b) In case of reissuing a certificate:

The reissued certificate applies to cases where organizations or individuals have certificates that are still valid but have been lost, damaged, or have changed their names or addresses;

Within fifteen working days from the date of receipt of a complete and valid dossier, the competent authority for code numbers and barcodes shall be responsible for reissuing the certificate to the organization or individual. In cases where the requirements are not met, the competent authority for code numbers and barcodes shall notify in writing and specify the reasons;

The validity period of the certificate shall be recorded according to the validity period of the previously issued certificate.

Article 19d. Procedures for Confirming the Use of Foreign Codes or Authorization to Use Code Numbers and Barcodes

1. The documents include:

a) The application form for confirming the use of foreign codes or authorization to use code numbers and barcodes as prescribed in Models No. 15 and No. 16 attached to this Decree;

b) For confirmation of the use of foreign codes: A copy of evidence from the foreign partner authorizing the organization to use the code numbers and barcodes in the form of letters, authorization contracts, proof of the authorized unit's legitimate ownership of the authorized code number, list of products corresponding to the authorized code...

c) For confirmation of authorization to use code numbers and barcodes: A copy of the contract or letter of authorization to use code numbers and barcodes along with the list of products corresponding to the authorized code number.

2. Forms of submission of dossiers:

Organizations and individuals who wish to confirm the use of foreign codes or authorization to use code numbers and barcodes shall prepare one set of dossier in accordance with the provisions of Clause 1 of this Article and submit it directly or send it by post to the competent authority for code numbers and barcodes. In cases of direct submission, the original must be provided for verification. In cases of submission by post, copies certified true copies or copies bearing signatures and stamps must be submitted.

3. Procedure for Issuing Certificates Confirming the Use of Foreign Codes and Authorization to Use Code Numbers and Barcodes:

a) If the dossier is not complete as prescribed, within five working days from the date of receipt of the dossier, the competent authority for code numbers and barcodes shall notify the organization or individual submitting the dossier to amend and supplement;

b) If the dossier is complete and valid and the organization or individual submitting the dossier has paid the required fees, within twenty days from the date of receipt of the dossier, the competent authority for code numbers and barcodes shall issue the certificate confirming the use of foreign codes or authorization to use code numbers and barcodes to the organization as prescribed in Models No. 17 and No. 18 attached to this Decree.”

10. Amend Point b Clause 1 Article 21 as follows:

“b) For exported, imported goods circulating in the market, during the process of use as prescribed in Clause 2 Article 70 of the Law on Product Quality, Clause 3 Article 32 of this Decree, and goods listed in Article 15 of this Decree and the Food Safety Law.”

11. Amend Clause 2 and abolish Clause 3 Article 22 regarding quality control officers as follows:

“2. The title, grade code, and professional standards of the grades of civil servants specializing in product and commodity quality control shall be issued by the Ministry of Science and Technology after consultation with the Ministry of Home Affairs.”

12. Amend Articles 25, 27, 28, 29, 30 and add Articles 27a, 27b, 27c, 30a on the National Quality Award as follows:

“Article 25. Forms of Awards

1. The National Quality Award includes:

a) The National Quality Gold Award;

b) The National Quality Award.

2. Organizations and enterprises that win awards will receive the National Quality Award cup and certificates from the Ministry of Science and Technology.

3. The Ministry of Science and Technology shall consider and select a maximum of twenty outstanding enterprises winning the National Quality Gold Award to recommend the Prime Minister to confer Commendation Certificates for outstanding achievements in improving productivity and product quality.

Article 27. Criteria for Awarding

1. The National Quality Award is evaluated based on the following criteria:

a) Leadership role;

b) Business strategy;

c) Customer and market-oriented policy;

d) Measurement, analysis, and knowledge management;

đ) Human resource management;

e) Process management;

g) Performance results.

2. The total maximum score for these seven criteria is 1,000 Points.

3. The National Quality Award is given to organizations and enterprises achieving 600 points or more. The National Quality Gold Award is given to organizations and enterprises achieving 800 points or more.

Article 27a. Management and Administration of the Award

1. The Ministry of Science and Technology assists the Government in uniformly managing the State's affairs regarding the National Quality Award, performing the following tasks and powers:

a) Organizing the implementation of the National Quality Award;

b) Reporting annually to the Prime Minister on the organization and implementation of activities related to the National Quality Award;

c) Ensuring annual funding for the organization and implementation of activities related to the National Quality Award from the science and technology public expenditure budget;

d) Inspecting, examining, and resolving complaints and denunciations concerning the evaluation and awarding of the National Quality Award;

đ) Submitting to the Prime Minister for the recovery of the National Quality Award previously awarded to organizations and enterprises due to violations of laws during the evaluation and awarding process or after winning the award;

e) Coordinating with ministries, sectors, and provincial People's Committees under the Central Government to unify the presentation of awards to eligible organizations and enterprises, organizing the implementation of the National Quality Award, and linking the National Quality Award with other national programs approved by the Prime Minister to support organizations and enterprises in participating and winning awards;

g) Leading international cooperation activities on quality awards; representing Vietnam in regional and international organizations on quality awards;

h) Leading and coordinating with Vietnam Television, Voice of Vietnam Radio, Vietnam News Agency, the Government Electronic Portal, the Vietnam Chamber of Commerce and Industry, and central and local mass media agencies to promote, disseminate, and report on the National Quality Award;

i) Performing other tasks and powers related to the National Quality Award as prescribed by law.

2. The permanent agency of the National Quality Award is the General Bureau of Standards, Metrology, and Quality, performing the following tasks and powers:

a) Proposing programs, projects, and activities for domestic and international cooperation on the National Quality Award to the Ministry of Science and Technology;

b) Leading and coordinating with relevant organizations to implement activities related to the National Quality Award;

c) Developing detailed content for each criterion and scoring methods for each detailed content of each criterion as stipulated in Article 27 of this Decree; developing and guiding the implementation of professional documents on the National Quality Award;

d) Proposing the list of members of the National Council for approval by the Minister of Science and Technology;

đ) Coordinating with the National Council to perform tasks as prescribed in Clause 2 of Article 27c of this Decree; organizing consultations with ministries, sectors, and provincial People's Committees under the Central Government on the awarding of the National Quality Award;

e) Establishing preliminary selection councils at the provincial level;

g) Organizing training and seminars on the National Quality Award for preliminary selection council members, evaluators, and participating organizations and enterprises;

h) Implementing information dissemination and promotion activities on the National Quality Award;

i) Organizing the annual award ceremony for organizations and enterprises that have won awards;

k) Implementing international cooperation on quality awards; representing Vietnam in regional and international organizations on quality awards according to regulations of competent state authorities; nominating organizations and enterprises winning the National Quality Gold Award to participate in international and regional quality awards;

l) Resolving complaints and denunciations related to the National Quality Award; reporting and recommending the Minister of Science and Technology to handle violations of the National Quality Award by organizations, enterprises, and other individuals involved.

3. Ministries and sectors perform the following tasks and powers:

a) Organizing the implementation of the National Quality Award annually within their jurisdiction according to the plan of the Ministry of Science and Technology;

b) Proposing tasks, plans, and programs on the National Quality Award at the ministry or sector level and reporting annual activities to the Ministry of Science and Technology;

c) Establishing preliminary selection councils at the ministry or sector level with the agreement of the Ministry of Science and Technology;

d) Directing preliminary selection councils at the ministry or sector level to review and evaluate participating organizations and enterprises, and propose to the National Council lists of organizations and enterprises eligible for awards;

đ) Promoting, disseminating, and guiding organizations and enterprises under their management to register for participation in the National Quality Award at the preliminary selection council at the ministry or sector level.

4. Provincial People's Committees under the Central Government lead and implement activities related to the National Quality Award in their locality, performing the following tasks and powers:

a) Organizing the implementation of the National Quality Award annually in their locality according to the plan of the Ministry of Science and Technology;

b) Ensure funding for the organization and implementation of the annual National Quality Award from the local science and technology business expenditure fund;

c) Propose tasks, plans, and programs related to the National Quality Award at the local level and report annually on activities to the Ministry of Science and Technology;

d) Direct the local preliminary review council to examine and evaluate organizations and enterprises participating in the National Quality Award, and propose to the national council lists of organizations and enterprises eligible for awards;

đ) Promote, disseminate, and guide organizations and enterprises participating in the National Quality Award at the local level;

Article 27b. Preliminary Review Council

1. The preliminary review council consists of:

a) The local preliminary review council is established by the permanent office of the National Quality Award based on the proposal of the Director of the Provincial Department of Science and Technology under the central city;

b) The ministry-level preliminary review council is established by ministries and sectors with the agreement of the Ministry of Science and Technology;

The preliminary review council shall have between seven and eleven members, including a Chairperson, a Vice-Chairperson, and members. Members of the local preliminary review council represent relevant departments, agencies, and organizations at the local level. Members of the ministry-level preliminary review council represent specialized units within ministries and sectors and relevant organizations. Members of the preliminary review council must be knowledgeable about quality management fields and familiar with the criteria and requirements of the National Quality Award.

2. The Preliminary Selection Council has the following responsibilities:

a) Receive registration forms and participation files of organizations and enterprises for the National Quality Award;

b) Conduct examination and evaluation based on submitted files and on-site assessment of participating organizations and enterprises;

c) Prepare evaluation files and propose to the national council lists of organizations and enterprises recommended for the National Quality Award;

d) Notify in writing the evaluation results and other feedback information to organizations and enterprises after the evaluation results are finalized.

Article 27c. National Council

1. The National Council is established by the Minister of Science and Technology upon the recommendation of the permanent office of the National Quality Award. The National Council shall have between fifteen and nineteen members, including a Chairperson, a Vice-Chairperson, and members. Members of the National Council represent ministries, sectors, agencies, and relevant organizations. Members of the National Council must be knowledgeable about quality management fields and familiar with the criteria and requirements of the National Quality Award.

2. The National Council has the following responsibilities:

a) Propose programs for implementing the National Quality Award activities to the Ministry of Science and Technology;

b) Examine, evaluate, and verify files submitted by the preliminary review council;

c) Conduct on-site examination and evaluation of participating organizations and enterprises when necessary;

d) Propose lists of organizations and enterprises meeting award conditions to the Ministry of Science and Technology for consideration, and recommend to the Prime Minister the granting of the National Quality Award and the issuance of a Certificate of Merit by the Prime Minister.

Article 28. Award Examination Process and Files

1. Participation Registration

Organizations and enterprises register to participate in the National Quality Award at the local preliminary review council where they operate production and business activities. In cases where organizations and enterprises fall under the specialized management of ministries and sectors, they may register to participate in the National Quality Award at the ministry-level preliminary review council. The files submitted to the preliminary review council include:

a) A participation registration form for the National Quality Award according to Model Number 19 attached to this Decree;

b) A general report on the organization or enterprise;

c) A self-assessment report according to the seven criteria of the National Quality Award;

d) Documentation proving the application of advanced quality management systems (true copies signed and stamped by the organization or enterprise), certificates, or related documents;

đ) Documentation proving the conformity of main products and goods with corresponding standards and technical regulations (true copies signed and stamped by the organization or enterprise);

e) An environmental impact assessment report or approved environmental protection plan and annual monitoring results or periodic environmental supervision reports according to the law over the past three years (true copies signed and stamped by the organization or enterprise);

g) Confirmation of tax obligations fulfillment and social insurance implementation for employees annually over the past three years (true copies signed and stamped by the organization or enterprise);

h) True copies (signed and stamped by the organization or enterprise) of other documentation proving the results of organizational and business activities over the past three years (if available).

2. Preliminary Review Council Examination Process

The preliminary review council must conduct evaluations of participating organizations and enterprises in the National Quality Award through two steps: file evaluation and on-site evaluation. Based on the evaluation results, the preliminary review council decides the list of organizations and enterprises eligible for the National Quality Award recommendation and sends related files to the national council through the permanent office of the National Quality Award.

The preliminary review council's files include:

a) Participation files of organizations and enterprises according to Clause 1 of Article 28 of this Decree;

b) Evaluation results of the preliminary review council for each organization and enterprise;

c) A proposal letter from the preliminary review council accompanied by a list of organizations and enterprises recommended for awards.

3. National Council Examination Process

a) The National Council examines and appraises the files of organizations and enterprises proposed for awards by the preliminary council, as well as related files of the preliminary council. In necessary cases, the National Council dispatches evaluation teams to conduct evaluations and appraisals at the organizations and enterprises to supplement information for the award selection process. Based on the results of file appraisals and on-site evaluations, the National Council decides the list of organizations and enterprises proposed for the National Quality Award.

b) On the basis of the National Council's proposal, the permanent agency of the National Quality Award sends out requests for endorsement from ministries, sectors, and provincial people's committees under the central government regarding organizations and enterprises meeting the conditions for the National Quality Award. Within fifteen days of receiving the endorsement request, the ministries, sectors, and provincial people's committees must provide written responses.

c) The National Council and the permanent agency of the National Quality Award complete the dossier for submission to the Ministry of Science and Technology for review and recommendation to the Prime Minister to confer the National Quality Award and the Prime Minister's Commendation. The dossier submitted to the Ministry of Science and Technology includes:

- Report on the operation of the National Quality Award in the year, appraisal report on the files and on-site appraisals at organizations and enterprises, if applicable;

- Minutes of the National Council meetings;

- Endorsement letters for awarding the prize from ministries, sectors, and provincial people's committees;

- List of organizations and enterprises proposed for awards;

- Other relevant files and documents, if applicable.

4. Submitting the award proposal

The Ministry of Science and Technology completes the dossier for recommending the conferral of the National Quality Award and the Prime Minister's Commendation to organizations and enterprises meeting the conditions, for submission to the Prime Minister.

5. Announcing the award results

The permanent agency of the National Quality Award is responsible for announcing the award results to the preliminary council, winning organizations and enterprises, and related agencies and organizations after the decision to confer the National Quality Award and the Prime Minister's Commendation has been made.

6. Organizing the award ceremony

The permanent agency of the National Quality Award organizes the award ceremony for organizations and enterprises that have won the National Quality Award and the Prime Minister's Commendation.

Article 29. Budget for Activities

1. Sources of funding for organizing the National Quality Award activities include:

a) State budget funds allocated in the science and technology public expenditure budget;

b) Support and sponsorship from organizations, enterprises, and individuals both domestically and internationally;

c) Revenue from National Quality Award activities.

2. Management and use of funds for National Quality Award activities shall be carried out in accordance with the State Budget Law and other guiding documents on financial management.

Article 30. Benefits for Organizations and Enterprises Winning Awards

1. Organizations and enterprises winning the National Quality Award are permitted to announce, promote, and advertise through mass media or other forms of introduction about their units, and may use the National Quality Award logo on their products and publications.

2. Organizations and enterprises winning the National Gold Quality Award are nominated by the Ministry of Science and Technology to participate in regional and international quality awards.

3. Organizations and enterprises winning awards are prioritized for loans from the National Science and Technology Development Fund, the National Technological Innovation Fund, the Science and Technology Development Funds of ministries, sectors, and localities, and other funds as prescribed by law; they are also prioritized to participate in national programs and projects on technological development and transfer, productivity enhancement, and quality improvement.

4. Organizations and enterprises winning awards are recognized and rewarded by ministries, sectors, and provincial people's committees under the central government from their annual commendation fund.

Article 30a. Handling Violations

1. Within three years from the date of the organization or enterprise receiving an award, if it is discovered that such organization or enterprise engaged in fraudulent behavior regarding the application documents during the participation in the National Quality Award or violated legal provisions affecting the reputation of the National Quality Award, the permanent agency of the National Quality Award shall examine the extent of the violation committed by the award-winning organization or enterprise and recommend the revocation or cancellation of the awarded results and related benefits.

2. The revocation or cancellation of the awarded results for organizations and enterprises receiving the National Quality Award must be publicly announced through mass media.

13. Amend Article 31 as follows:

“Article 31. Responsibilities of the Ministry of Science and Technology in State Management of Product and Goods Quality

1. Assist the Government in uniformly managing state affairs concerning product and goods quality, conformity assessment activities nationwide; implement product and goods quality management according to Article 69 of the Law on Product and Goods Quality; take the lead in organizing product and goods quality surveys; inspect and urge the enforcement of laws on standards and technical regulations, product and goods quality, and conformity assessment activities.

2. Within the scope of its sectoral and field responsibilities, the Ministry of Science and Technology shall have the following responsibilities:

a) Manage state affairs concerning product quality in production for products and goods within the fields assigned under this Decree and laws on standards and technical regulations;

b) Manage state affairs concerning quality for exported, imported, and circulating goods on the market, which may cause safety risks during use within the fields assigned under Clause 4 of Article 69 of the Law on Product and Goods Quality.

14. Amend Article 32 as follows:

“Article 32. Responsibilities of Sectoral Ministries in State Management of Product and Goods Quality

1. Implement state management tasks concerning product and goods quality as stipulated in Clause 1 of Article 70 of the Law on Product and Goods Quality and coordinate with the Ministry of Science and Technology in building and organizing the implementation of inter-ministerial joint inspection plans on product and goods quality annually, handling violations within their authority.

2. Sectoral ministries shall be responsible for implementing state management of product quality in production as follows:

a) Ministry of Health:

- Food safety for functional foods, nutrient-enriched foods, food supplements, food processing aids, food additives, drinking water, potable water, natural mineral water, and packaging materials and containers for these foods (excluding those under the purview of the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade); vaccines, medical supplies; cigarettes; environmental treatment chemicals and insecticides, bactericides used in household and medical fields;

- Machinery, equipment, materials, and substances with strict requirements for occupational safety and health under the responsibility of the Ministry as prescribed by laws on occupational safety and health;

- Medicines, raw materials for medicines, cosmetics;

- Medical equipment and facilities;

b) Ministry of Agriculture and Rural Development:

- Agricultural crop seeds; forestry crop seeds; livestock breeds; aquaculture breeds;

- Fertilizers; plant protection chemicals; veterinary drugs; animal feed, aquafeed;

- Biological chemicals and microorganisms used for environmental treatment in aquaculture;

- Other types of materials used in crop cultivation, animal husbandry, aquaculture, forestry, salt production;

- Machinery and equipment used in agriculture, forestry, animal husbandry, aquaculture; fishing gear; machinery, equipment, materials, and substances with strict requirements for occupational safety and health under the responsibility of the Ministry as prescribed by laws on occupational safety and health;

- Food safety for cereals; meat and meat products; aquatic products and aquatic product products; vegetables, roots, fruits and vegetable products; eggs and egg products; raw milk; honey and honey products; genetically modified foods; salt; spices; sugar; tea; coffee; cocoa; pepper; other agricultural products;

- Services and processes of fertilizer production, plant protection chemicals, veterinary drugs, animal feed, aquafeed; crop cultivation, animal husbandry, aquaculture, forestry, salt production; harvesting, slaughtering, initial processing, and manufacturing of animal and plant origin products and aquatic products;

- Water conservancy works, dyke systems;

- Services and processes of production in the agricultural and rural development sector;

c) Ministry of Transport:

- Transportation means, loading and unloading equipment, specialized construction equipment in transportation (except transportation means serving defense and security purposes and fishing vessels) and technical equipment for the transportation industry; marine exploration and exploitation equipment;

- Machinery, equipment, materials, and substances with strict requirements for occupational safety and health under the responsibility of the Ministry as prescribed by laws on occupational safety and health;

- Road, railway, inland waterway, maritime, and air transport infrastructure;

- Services in the transportation and transport sector.

d) The Ministry of Construction:

- Civil construction projects, residential buildings, and office buildings;

- Civil construction projects, residential buildings, and office buildings;

- Architecture and urban planning including: Regional urban planning, urban planning, rural community planning, industrial zone planning, economic zone planning, high-tech zone planning, border gate planning at important international borders;

- Urban infrastructure, industrial zone infrastructure, economic zone infrastructure, high-tech zone infrastructure;

- Machinery, equipment, materials, and substances with strict requirements for occupational safety and health under the responsibility of the Ministry as prescribed by laws on occupational safety and health;

- Services in the construction sector.

e) The Ministry of Industry and Trade:

- Chemicals, industrial explosives;

- Mechanical products, metallurgical products, electrical products, energy products; consumer goods, food industry products, and other processing industries as prescribed by law; electrical and electronic equipment used in industry;

- Machinery, equipment, materials, and substances with strict requirements for occupational safety and health under the responsibility of the Ministry as prescribed by laws on occupational safety and health;

- Food safety throughout the production, processing, storage, transportation, export, import, trade of various types of alcohol, beer, soft drinks, processed milk, vegetable oil, flour products, starch products, pastries, preserves, candies, and packaging containing these food items;

- E-commerce.

e) The Ministry of Labor, Invalids and Social Affairs:

- Machinery, equipment, materials, and substances with strict requirements for occupational safety and health under the responsibility of the Ministry as prescribed by laws on occupational safety and health;

- Special products related to workplace safety as prescribed by law;

- Public recreational facilities;

- Services in the fields of labor, invalids, and social affairs.

g) The Ministry of Information and Communications:

- Press products; publishing, printing, distribution; postal services and delivery;

- Advertising on press, online media, publications, and integrated advertising on postal, telecommunications, information technology products and services;

- Postal, telecommunications, information technology, electronic, radio, television networks, facilities, equipment, and products; information security;

- Radio frequencies, radio stations, radio equipment, and devices using radio waves;

- Services in the postal and telecommunications sectors;

h) The Ministry of Natural Resources and Environment:

- Natural resources, minerals;

- Meteorology and hydrology;

- Surveying and mapping;

- Environment, climate change, and remote sensing;

- Services in the natural resources and environment sector.

i) The Ministry of Education and Training:

- Textbooks, teaching materials, reference books, and teacher guides;

- Educational teaching equipment, infrastructure, and toys for children within the scope of management under the Ministry as prescribed by law;

- Services in the education and training sector.

k) The Ministry of Finance: Products related to national reserves, lottery operations, securities activities; insurance, accounting, auditing, financial advisory, tax, valuation, customs services;

l) The Ministry of Culture, Sports and Tourism: Sports facilities; training and competition equipment of sports institutions and disciplines; outdoor advertising within the scope of state management as currently regulated;

m) The State Bank of Vietnam: Currency, banking activities, specialized equipment for banks;

n) The Ministry of Defense:

- Military means, equipment, weapons, ammunition, military supplies, defense construction projects not classified as state secrets;

- Special products related to safety and security in the military and defense sector within the scope of state management as prescribed by law.

o) The Ministry of Public Security:

- Fire prevention and firefighting equipment, rescue equipment, technical equipment, weapons, ammunition, explosive materials, support tools, except cases specified in Point n Clause of this Article and other products used by the People's Police not classified as state secrets;

- Services in the security sector.

р) The Ministry of Science and Technology:

- Nuclear reactors, nuclear materials, nuclear source materials, radioactive substances, radiation equipment; measuring instruments, vehicles, tools, and equipment; gasoline, diesel fuel, biofuels; motor oils; gases (liquefied petroleum gas - LPG, liquefied natural gas - LNG, compressed natural gas - CNG); electrical and electronic equipment; children's toys; helmets for motorcycle and scooter riders; steel; jewelry and decorative gold.

- When new products or goods not included in the products listed in Points a, b, c, d, đ, e, g, h, i, k, l, m, n, and o of this Clause and those belonging to the defense and security sectors, classified as state secrets, arise, the Ministry of Science and Technology shall take the lead and coordinate with relevant ministries managing industries and sectors to unify responsibility for management; if beyond their authority, the Ministry of Science and Technology shall report to the Government and the Prime Minister for consideration and assignment of management responsibilities to relevant ministries.

3. Ministries managing industries and sectors shall implement state management over the quality of exported, imported goods circulating in the market and potentially causing safety risks during use in their assigned areas as follows:

a) As stipulated in Clause 4, Article 69 of the Product Quality Law;

b) As stipulated in Clause 2, Article 70 of the Product Quality Law;

с) As stipulated in Article 15 on the List and Management Procedures for Goods Subject to Initial Testing and Periodic Inspection During Use under this Decree;

d) The Ministry of Information and Communications:

- Press products; publishing, printing, distribution; postal services and delivery;

- Advertising on press, online media, publications, and integrated advertising on postal, telecommunications, information technology products and services;

- Postal, telecommunications, information technology, electronic, radio, television networks, facilities, equipment, and products; information security;

- Radio frequencies, radio stations, radio equipment, and devices using radio waves;

- Services in the postal and telecommunications sectors.

đ) The Ministry of Natural Resources and Environment:

- Natural resources, minerals;

- Meteorology and hydrology;

- Surveying and mapping;

- Environment, climate change, and remote sensing;

- Services in the natural resources and environment sector.

e) The Ministry of Labor, Invalids and Social Affairs:

- Machinery, equipment, materials, and substances with strict requirements for occupational safety and health within the scope of state management as prescribed by law; tools and technical equipment in vocational training institutions; personal protective equipment for workers;

- Special products related to workplace safety as prescribed by law.

g) The Ministry of Culture, Sports and Tourism: Sports facilities; training and competition equipment of sports institutions and disciplines; outdoor advertising within the scope of state management as currently regulated.

4. Ministries managing industries and sectors shall notify the Ministry of Science and Technology of the agency responsible for assisting the Minister in performing state management functions over product quality as prescribed in Clauses 2 and 3 of this Article to be published on the Ministry of Science and Technology's Official Website.

Annually or at any time upon request from the Ministry of Science and Technology, ministries managing industries and sectors shall compile and report on the situation and results of quality inspections of products and goods under their management responsibilities to the Ministry of Science and Technology for consolidation and reporting to the Prime Minister.

5. In case of overlap or duplication of assigned areas between ministries managing industries and sectors or the emergence of new areas as prescribed in Clauses 2 and 3 of this Article, the Ministry of Science and Technology shall compile and report to the Government and the Prime Minister for consideration and decision.

15. Amend Clause 2 of Article 33 as follows:

"2. The Department of Science and Technology shall take the lead and coordinate with relevant departments and sectors to assist the People's Committee of the province or centrally governed city in performing the unified state management function regarding product and commodity quality at the local level:

a) Take the lead and coordinate with departments and sectors to develop and implement annual inspection plans at the local level concerning the quality of products and commodities at business establishments dealing with multiple products and commodities under the jurisdiction of various sectoral management agencies;

b) Inspect and urge departments and sectors to perform their state management functions regarding product and commodity quality within their assigned areas, annually organizing summaries and evaluations of the results of state management activities regarding product and commodity quality at the local level;

c) Inspect and urge the enforcement of laws on standards, technical regulations, and product and commodity quality at the local level;

d) Take the lead in organizing surveys on product and commodity quality at the local level; warn consumers and relevant authorities at the local level;

đ) Summarize and report on the situation of quality management at the local level and emerging quality issues to the People's Committee of the province or centrally governed city and the Ministry of Science and Technology;

The Standardization, Measurement, and Quality Control Sub-department under the Department of Science and Technology is the direct agency assisting the Department of Science and Technology in performing the function of managing product and commodity quality at the local level; conducting quality surveys within its jurisdiction and warning specialized agencies at the local level about product and commodity quality; performing the function of specialized inspections and checks on product and commodity quality at the local level."

Article 2. Implementation clause

1. This Decree takes effect from July 1, 2018.

2. Other provisions concerning the designation of conformity assessment organizations, the National Quality Award, code numbers, and barcode numbers in legal normative documents at the same level and lower levels as this Decree shall cease to be effective from the date this Decree takes effect.

3. Transitional Provisions

Decisions designating conformity assessment organizations made by sectoral management ministries and agencies that are still valid shall continue to be maintained until the expiration date specified in the designation decision.

Article 3. Implementation Organization

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./