Decision No. 86/2001/QD-BNN on issuing the "Provisional Regulations on Announcing Quality Standards for Agricultural Specialized Commodities"

DECISION

Regarding the issuance of the "Provisional Regulations on Announcing Quality Standards for Agricultural Products"
lượng đối với hàng hóa chuyên ngành nông nghiệp"
____________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 73-CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 86-CP dated December 8, 1995 of the Government stipulating the division of responsibilities for state management of product quality;

Pursuant to Decision No. 2425/2000/QĐ-BKHCNMT dated December 12, 2000 of the Minister of Science, Technology, and Environment on the issuance of "Provisional Regulations on Announcing Quality Standards for Goods";

At the proposal of the Director of the Department of Science and Technology and Product Quality; the Director of the Plant Protection and Forestry Promotion Bureau; the Director of the Forestry Development Bureau; the Director of the Plant Protection Bureau; the Director of the Animal Health Bureau,

Pursuant to …;

Article 1: Issued together with this Decision are the "Provisional Regulations on Announcing Quality Standards for goods under the management of the Ministry of Agriculture and Rural Development".

Article 2: Based on the provisional regulations issued together with this Decision, the following units shall be responsible for guiding professionally, monitoring the announcement of standards, and managing the quality of goods assigned to them:

- The Plant Protection Bureau: Pesticides and pesticide raw materials;

- The Plant and Livestock Promotion Bureau: Crop seeds, livestock breeds, animal feed and raw materials for animal feed, fertilizers; Biological products serving crop cultivation and animal husbandry;

- The Forestry Development Bureau: Forestry seedlings;

- The Animal Health Bureau: Veterinary drugs and veterinary drug raw materials;

- Provincial Departments of Agriculture and Rural Development: All areas within their jurisdiction.

Article 3: THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.

Article 4: The Heads of the Office, the Director of the Department of Science and Technology and Product Quality, the Directors of the Plant and Livestock Promotion Bureau, the Plant Protection Bureau, the Forestry Development Bureau, the Animal Health Bureau, and the Heads of related units within their assigned tasks shall be responsible for organizing, guiding, and inspecting the implementation of this Decision.

TEMPORARY PROVISIONS

REGARDING THE ANNOUNCEMENT OF QUALITY STANDARDS FOR GOODS UNDER THE MANAGEMENT OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
(Issued together with Decision No. 86/2001/QĐ-BNN dated August 23, 2001 of the Minister of Agriculture and Rural Development)

1. SCOPE OF APPLICATION

1.1. These provisions guide organizations and individuals (hereinafter referred to as enterprises) producing and trading products and goods in Vietnam within the scope of management of the Ministry of Agriculture and Rural Development as stipulated in Decree No. 86/CP dated December 8, 1995 of the Government, including: crop seeds (including forestry seeds), livestock breeds, pesticides and pesticide raw materials, veterinary drugs and veterinary drug raw materials, animal feed and raw materials for animal feed, fertilizers, biological products serving crop cultivation and animal husbandry, to announce quality standards for goods (for items listed in the mandatory standard announcement catalog) and bear responsibility for ensuring the quality standards announced for products and goods produced or traded by themselves.

1.2. For goods mentioned above that are produced and processed manually, raw materials, materials, semi-finished products belonging to the production process but intended for internal use by enterprises, it is not mandatory to announce quality standards, but they are encouraged to announce quality standards for goods.

1.3. Imported products and goods within the scope of management of the Ministry of Agriculture and Rural Development mentioned above for use in Vietnam must also announce quality standards according to this Decision.

1.4. Products and goods within the scope of management of the Ministry of Agriculture and Rural Development mentioned above but not for business purposes but only for sample, exhibition, research purposes are not subject to mandatory announcement of quality standards under this Decision.

2. QUALITY STANDARDS OF GOODS TO BE ANNOUNCED:

Quality standards of goods to be announced include:

- Enterprise self-established standards;

- Vietnamese Standards (VNS);

- Industry Standards (IS);

- Technical regulations published by the Ministry of Agriculture and Rural Development (TR);

- International or regional standards, foreign standards accepted by enterprises for application to their own goods and recognized by competent state management agencies.

The content of the announced standards must not conflict with national regulations issued by competent state agencies for nationwide application.

3. PROCEDURES FOR ANNOUNCEMENT

Procedures for announcing quality standards for goods are carried out in accordance with Decision No. 2425/2000/QĐ-BKHCNMT dated December 12, 2000 of the Ministry of Science, Technology, and Environment and guidance and directives from functional agencies designated by the Ministry of Agriculture and Rural Development pursuant to Article 2 of this Decision.

4. RESPONSIBILITIES OF BUREAUS AND DEPARTMENTS UNDER THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT AND PROVINCIAL DEPARTMENTS OF AGRICULTURE AND RURAL DEVELOPMENT

4.1. Sector management bureaus in coordination with the Department of Science and Technology and Product Quality under the Ministry of Agriculture and Rural Development are responsible for annually developing the "Catalog of Goods Required to Announce Quality Standards" within their assigned management scope and submitting it to the Ministry of Agriculture and Rural Development for promulgation.

4.2. Specific responsibilities for sector management are as follows:

- Sector management bureaus under the Ministry of Agriculture and Rural Development organize, direct implementation, and inspect the announcement of quality standards for specialized goods nationwide and directly for state-owned enterprises under central ministries and sectors, joint ventures or 100% foreign-invested enterprises, and special production facilities;

- Provincial Departments of Agriculture and Rural Development are responsible for organizing, directing implementation, and inspecting the announcement of quality standards for specialized goods for state-owned enterprises under provincial management and other economic components within their jurisdiction.

4.3. Agencies mentioned in point 4.2 are responsible for receiving applications, checking compliance with state regulations, and within 15 days from receipt of the application, they must:

- Complete necessary procedures to recognize the quality standards of goods and notify the enterprise in writing if the enterprise's announcement of quality standards has been carried out in accordance with regulations.

- Notify and guide enterprises to complete the quality standard announcement dossier if the announced content does not comply with current regulations on quality.

- Based on the division of management tasks assigned by the Ministry, Departments, Bureaus, and Provincial Departments of Agriculture and Rural Development must closely cooperate with each other during the implementation of their duties to avoid duplication, omissions, and enhance the effectiveness of quality standard management work.

5. RESPONSIBILITIES OF ENTERPRISES

5.1. Enterprises shall be responsible for ensuring that goods declared meet all quality criteria announced, except where otherwise provided by competent state agencies. The declaration of quality standards shall only be carried out once if there is no change in product type or production process, and enterprises shall be subject to regular inspections and tests by competent state management agencies.

5.2. After the quality standard of goods has been announced, enterprises must ensure production and business conditions so that the quality of products and goods remains stable throughout the production and circulation processes, complying with the announced standards in all aspects.

5.3. During the production or circulation of goods, if enterprises cannot ensure conditions for producing goods consistent with the announced contents, enterprises must immediately report to the agencies specified in Point 4.2, Section 4 above and relevant agencies, while taking timely remedial measures.

5.4. After rectifying non-compliance, enterprises may continue to use the Quality Standard Mark and circulate goods normally; simultaneously, they must notify the responsible agency specified in Point 4.2, Section 4 above of this Regulation.

5.5. Enterprises have the responsibility to retain all dossiers of goods that have been declared and submit them for review by competent authorities when requested.

6. INSPECTION, AUDIT, AND VIOLATION HANDLING WORK

6.1. Competent agencies as specified in Point 4.2, Section 4 above of this Regulation are responsible for organizing regular inspections of enterprises regarding the quality of products and goods according to the following schedule:

- Not more than once per year for enterprises that have been granted GMP, ISO, HACCP certificates, or equivalent quality management systems.

- Not more than twice per year for the remaining enterprises.

5.1 Regular inspections and sampling of products and goods for testing shall be conducted concurrently by specialized management agencies. Quality analysis of products can only be performed at specialized product quality testing laboratories recognized by the Ministry of Agriculture and Rural Development or other competent state agencies.

5.2 Central-level state agencies authorized by the Ministry of Agriculture and Rural Development and local-level agencies designated by Provincial Departments of Agriculture and Rural Development for sector-specific management must maintain records of quality standard announcements and conformity declarations for various types of goods from enterprises, compiling and reporting quarterly lists to quality management and market supervision agencies at the same level for coordination in monitoring the circulation of specialized goods in the market.

5.3 During inspection and audit, if enterprises violate the announcement of quality standards for goods, they will be handled according to the nature and degree of violation as stipulated by law.

Any difficulties encountered during implementation should be reported to the Ministry of Agriculture and Rural Development for consideration and resolution.