Decree No. 86/CP stipulates the division of responsibilities for state management of product quality.

DECREE OF THE GOVERNMENT

Regulations on the Allocation of Responsibilities for State Management of Product Quality

THE GOVERNMENT

Pursuant to the Law on the Organization of the Government dated September 30, 1992;

Pursuant to the Ordinance on Product Quality dated December 27, 1990;

At the proposal of the Minister of Science, Technology, and Environment, 

PART I

GENERAL PROVISIONS

Article 1. State management of product quality ensures necessary state control over product quality in production, business, and import-export activities; promptly corrects errors and prevents consequences that cause damage to state property, national interests, and people's health and rights due to products not meeting quality standards.

Article 2. The allocation of tasks and authorities for state management of product quality to ministries, sectors, agencies under the Government, and localities aims at the following:

1. Enhancing the role and responsibility of ministries, sectors, agencies under the Government, and localities in managing product quality throughout the entire production process (from production orientation to product manufacturing and market consumption).

2. Proposing to the Government the issuance of policies, mechanisms, and guidelines for state management of product quality suitable for a market economy, thereby facilitating organizations and individuals in quickly applying scientific and technological progress to produce products that meet domestic and international market demands.

Article 3. The allocation of tasks and authorities for state management of product quality shall be based on the following principles:

1. Ensuring centralized and unified management nationwide while reasonably allocating responsibilities among ministries, sectors, agencies under the Government, and localities to avoid overlapping or neglecting management objects. Ministries, sectors, agencies under the Government, and localities are directly responsible to the Government within their assigned management scope.

2. Based on functions and tasks, and taking into account the adjustment to the capabilities and specialized technical expertise of each ministry, sector, and agency under the Government to address existing issues in previously issued regulations.

3. For certain special types of goods that directly affect consumer health, environmental safety, and production (as mentioned in Article 4 of Chapter II), the management of quality (including all stages from production preparation to product circulation, distribution, use, export, and import) shall be entrusted to specialized ministries.

4. Within their respective areas of responsibility, ministries, agencies under the Government, and localities have specific responsibilities in standardization and quality management activities as stipulated in Articles 5, 6, 7, 8, and 9 of Chapter II of this Decree.

Chapter II

ALLOCATION OF STATE MANAGEMENT RESPONSIBILITIES FOR PRODUCT QUALITY

Article 4. The allocation of state management responsibilities for product quality between ministries and sectors shall be carried out as follows:

The Ministry of Science, Technology, and Environment is the functional agency assisting the Government in directing and centrally managing state affairs related to product quality, formulating general policies and guidelines, and overseeing the implementation of these regulations by specialized ministries, agencies under the Government, and localities.

Specialized ministries and agencies under the Government are tasked with researching and developing guiding documents and regulations on ensuring and controlling product quality within their management scope, from production orientation to product manufacturing and market consumption.

Ministries, sectors, agencies under the Government, and localities must closely coordinate with the Ministry of Science, Technology, and Environment in organizing the implementation of state management functions and tasks related to product quality as allocated.

For certain special types of goods, state management of quality shall be entrusted to specific specialized ministries as follows:

1. Ministry of Health: Pharmaceuticals, medicinal herbs, medical equipment and devices, cosmetics affecting human health directly; food hygiene and safety (fresh and processed), drinking water, alcohol, and tobacco.

2. Ministry of Agriculture and Rural Development: Fertilizers, veterinary drugs, plant protection chemicals, seeds, livestock breeds, biological products for crop cultivation and animal husbandry, animal feed (excluding the responsibility of the Ministry of Fisheries).

3. Ministry of Fisheries: Aquatic animals, aquatic plants, aquatic animal and plant products, fish feed, seafood, plant protection chemicals and veterinary drugs for aquaculture, fishing nets, and fishing gear.

4. Ministry of Transport: Transportation vehicles, transportation infrastructure projects, lifting equipment weighing one ton or more, boilers, and pressure vessels used in transportation.

5. Ministry of Construction: Construction projects.

6. Ministry of Culture and Information: Publications, musical instruments, and other cultural products.

7. Ministry of Industry: Industrial explosives.

The Ministry of Science, Technology, and Environment, together with relevant specialized ministries, shall issue joint circulars detailing the implementation of assigned tasks as specified in Points 1, 2, 3, 4, 5, 6, and 7 above, no later than two months from the date of issuance of this Decree.

The Ministry of Science, Technology, and Environment shall be responsible for state management of quality for other types of goods (excluding those mentioned in Points 1, 2, 3, 4, 5, 6, and 7 above and those in the defense, security, and state secrets sectors).

Depending on economic and trade development requirements, for goods requiring coordinated quality management, the Prime Minister shall allocate responsibilities to relevant ministries in specific cases. Ministries, sectors, agencies under the Government, and localities need to urgently improve specialized quality management and inspection agencies according to the guidance of the Ministry of Science, Technology, and Environment. The Ministry of Science, Technology, and Environment will cooperate with relevant ministries to submit to the Prime Minister for approval the regulations on the functions, tasks, authorities, and operational methods of these agencies.

Article 5. The issuance and enforcement of Vietnamese Standards (VNS) shall be allocated as follows:

1. The Ministry of Science, Technology and Environment shall be responsible for promulgating Vietnamese Standards and publishing them in the Official Gazette of the Socialist Republic of Vietnam. In certain specific cases, the Ministry of Science, Technology and Environment may delegate to specialized ministries the authority to issue Vietnamese Standards after obtaining permission from the Government.

The Ministry of Science, Technology and Environment shall coordinate with specialized ministries to establish Technical Committees corresponding to those of the International Organization for Standardization for each respective field. These Technical Committees shall include experts from various economic components, including ministries, sectors, localities, research and training institutions, business establishments, etc., to compile Vietnamese Standards.

2. Specialized ministries and government agencies shall be responsible for formulating quality targets and specific policies appropriate to the types of goods under their jurisdiction to implement common objectives; developing plans to achieve quality targets and programs to improve the quality of goods for their respective ministries, sectors, and agencies.

Ministries and government agencies shall develop plans to establish Vietnamese Standards for objects requiring management, negotiate with the Ministry of Science, Technology and Environment regarding these plans and necessary measures for compiling Vietnamese Standards.

Specialized ministries shall be responsible for mandating the application of Vietnamese Standards for objects within their scope of management through decisions on applying Vietnamese Standards; organizing supervision and inspection of the application of Vietnamese Standards; handling violations.

Article 6. Registration of product quality shall be carried out as follows:

1. Ministries, government agencies, and localities, according to assigned objects, shall propose lists of products that must undergo quality registration to the Ministry of Science, Technology and Environment for public announcement (except pharmaceuticals and cosmetics announced by the Ministry of Health; veterinary drugs announced by the Ministry of Agriculture and Rural Development; aquatic veterinary drugs and biological products serving aquaculture announced by the Ministry of Fisheries).

In specific cases, the Ministry of Science, Technology and Environment may delegate to specialized ministries the authority to announce lists of products that must undergo quality registration after obtaining permission from the Government.

2. The Ministry of Science, Technology and Environment shall organize quality registration for products listed in the announcement made by the Ministry of Science, Technology and Environment.

The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Fisheries shall organize quality registration for products mentioned in Clause 1 of this Article and shall notify the Ministry of Science, Technology and Environment of the list of registered products.

3. For products requiring research, testing, and trials before production, use, or importation (pharmaceuticals, veterinary drugs, pesticides, biological preparations for agriculture and animal husbandry, crop and livestock seeds, new technical equipment and materials...), the specialized ministry in charge shall organize field trials and clinical tests in collaboration with relevant agencies to conclude and decide on production, use, and importation. The Ministry of Science, Technology and Environment and specialized ministries (as stipulated in Article 6, Clause 2) shall only issue quality registration after receiving confirmation of test results, clinical trial outcomes, and quality assessments from organizations designated by the specialized ministry.

Article 7. Quality inspection of products shall be organized as follows:

1. The Ministry of Science, Technology and Environment shall lead and coordinate with related ministries to specify lists of domestically produced and imported/exported products that must undergo state quality inspections.

Annually, in September, the Ministry of Science, Technology and Environment shall publicly announce and publish these lists in the Official Gazette of the Socialist Republic of Vietnam for implementation from January 1 of the following year.

2. The Ministry of Science, Technology and Environment shall coordinate with specialized ministries to determine inspection criteria and designate inspection agencies for products that must undergo state quality inspections.

For products under the responsibility of ministries as assigned in Article 4, the quality inspection agency shall be designated by a joint decision of the Ministry of Science, Technology and Environment and the relevant ministry. Publicly funded technical units under state management shall not provide commercial quality inspection services under trade contracts.

3. To ensure the quality of commercial quality inspection activities and facilitate international trade and integration into regional and global quality inspection practices, organizations conducting quality inspections must be reviewed, recognized, and granted operating licenses.

The Ministry of Science, Technology and Environment and the Ministry of Trade shall stipulate procedures for reviewing and recognizing quality inspection organizations, evaluating, and issuing certificates of technical-commercial qualifications for quality inspection organizations. Quality inspection organizations must register their operations in accordance with the Law on Enterprises and the Law on Foreign Investment after obtaining certificates of qualification in their technical specialty and commercial practice.

In certain specific cases, legitimate quality inspection organizations may be designated by the Ministry of Science, Technology and Environment to temporarily perform quality inspection tasks.

4. The General Customs Department (Customs at border gates) shall only process clearance procedures for exported/imported products listed as mandatory for quality inspection when such products have been issued a certificate of compliance with standards by the quality inspection agency.

In the case where the quality of goods does not meet the prescribed standards, the inspection agency must notify the competent state management authority under the Ministry of Science and Technology and Environment and the relevant sectoral ministry for handling.

Article 8. The State Inspection on Goods Quality shall be carried out as follows:

The Ministry of Commerce shall coordinate with the Ministry of Science and Technology and Environment, relevant sectoral ministries, and related agencies in organizing inspections and handling violations concerning the quality of goods circulating in the market according to Decision 96/TTg dated February 18, 1995 of the Prime Minister.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. The Ministers of the respective Ministries, Heads of agencies at the ministerial level, Heads of government agencies, and Chairmen of provincial People's Committees directly under the central government are responsible for implementing this Decree.

Article 10. The Minister of Science and Technology and Environment is responsible for providing detailed guidance, organizing implementation, and periodically reporting to the Government on the implementation of this Decree.

Article 11. This Decree takes effect from the date of signature. All previous provisions contrary to this Decree are abolished./.