Circular No. 90/2024/TT-BCA stipulates state inspection and conformity assessment of product and commodity quality that may cause safety hazards in production and import under the management responsibility of the Ministry of Public Security.

CIRCULAR

Regulations on State Inspection and Quality Conformity Assessment for Products and Commodities with Potential to Cause Safety Hazards in Production and Import under the Management Responsibility of the Ministry of Public Security

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On the basis of The Law on Product and Commodity Quality dated November 21, 2007;

Pursuant to 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 Commodity Quality;

Pursuant to Decree No. 67/2009/NĐ-CP dated August 3, 2009 amending certain articles of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Technical Standards and Regulations and 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 Commodity Quality;

Pursuant to Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain 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 Commodity Quality;

Pursuant to Decree No. 13/2022/NĐ-CP dated January 21, 2022 of the Government amending and supplementing certain articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008, Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government detailing the implementation of certain provisions of the Law on Product and Commodity Quality and Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Metrology;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Science, Strategy and History Bureau of the Ministry of Public Security;

The Minister of Public Security issues this Circular regulating state inspection andquality conformity assessment for products and commodities with potential to cause safety hazards in production and import under the management responsibility of the Ministry of Public Security. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the composition, tasks, and powers of the inspection team; quality assurance conditions, quality inspection, handling of quality violations, and organization of conformity assessment for products and commodities with potential to cause safety hazards in production and import under the management responsibility of the Ministry of Public Security (hereinafter referred to as Group 2 products and commodities).

Article 2. Applicability

1. Units under the Ministry of Public Security, Provincial Police Departments, and Municipal Police Departments directly under the Central Government (hereinafter referred to as local police units).

2. Conformity assessment organizations.

3. Organizations and individuals producing and importing Group 2 products and commodities.

Article 3. Forms to be used in inspection and conformity assessment regarding quality of Group 2 products and commodities

This Circular hereby promulgates the following forms to be used in state inspection and quality conformity assessment for Group 2 products and commodities:

1. Decision on Quality Inspection of Group 2 Products and Commodities (Form No. 01).

2. Inspection Record of Quality of Group 2 Products and Commodities (Form No. 02).

3. Sampling Record for Quality Inspection (Form No. 03).

4. Sealing Label (Form No. 04).

5. Notification of Continued Production or Import of Group 2 Products and Commodities (Form No. 05).

6. Notification of Temporary Suspension of Production or Import of Group 2 Products and Commodities (Form No. 06).

7. Notification of Non-Conformity of Registration File for Accreditation Activities (Form No. 07).

8. Verification Sheet of Registration File (Form No. 08).

9. Decision on Accreditation Capacity of Conformity Assessment Organization Registered for State Management of Group 2 Products and Commodities (Form No. 09).

10. Assessment Record of Conformity Assessment Organization for Group 2 Products and Commodities (Form No. 10).

11. List of Documentation, Procedures, Equipment, and Human Resources of Conformity Assessment Organization (Form No. 11).

Chapter II

SPECIFIC PROVISIONS

Article 4. State Inspection Authority and Quality Control Team for Group 2 Products and Goods

1. The Science, Strategy and History Department of the Ministry of Public Security shall be responsible for conducting state inspections on the quality of Group 2 products and goods under the management responsibility of the Ministry of Public Security.

2. Composition of the Quality Control Team for Group 2 Products and Goods

a) The Team Leader shall be a representative of the leadership of the Science, Strategy and History Department of the Ministry of Public Security;

b) The Deputy Team Leader shall be a representative of the functional department of the Science, Strategy and History Department of the Ministry of Public Security;

c) Members of the Quality Control Team shall be police officers, experts (representatives of Ministries, sectors, or independent experts) with appropriate expertise corresponding to the products and goods being inspected;

d) The Secretary of the Quality Control Team shall be a staff member of the functional department of the Science, Strategy and History Department of the Ministry of Public Security.

3. The tasks and powers of the Quality Control Team for Group 2 Products and Goods shall be implemented in accordance with the provisions of Article 49 of the Product and Goods Quality Law.

Article 5. Conditions for Ensuring Quality, Quality Inspection, and Handling Violations of Quality for Group 2 Products and Goods

1. Conditions for ensuring product quality during production shall be carried out in accordance with the provisions of Article 4 of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing certain provisions of the Product and Goods Quality Law, which has been amended and supplemented by Decree No. 74/2018/ND-CP dated May 15, 2018, Decree No. 154/2018/ND-CP dated November 9, 2018, and Decree No. 13/2022/ND-CP dated January 21, 2022 (hereinafter referred to as Decree No. 132/2008/ND-CP as amended and supplemented).

Quality inspection of products during production shall be carried out in accordance with the provisions of Article 5 of Decree No. 132/2008/ND-CP. Handling violations during the quality inspection process of products during production shall be carried out in accordance with the provisions of Article 6 of Decree No. 132/2008/ND-CP as amended and supplemented.

2. Conditions for ensuring the quality of imported goods shall be carried out in accordance with the provisions of Article 7 of Decree No. 132/2008/ND-CP as amended and supplemented. Quality inspection of imported goods and handling of violations shall be carried out in accordance with the provisions of Article 8 of Decree No. 132/2008/ND-CP as amended and supplemented.

3. Organizations and individuals producing and importing Group 2 products and goods shall be responsible for applying technical regulations or standards in the field of security or published standards and corresponding technical regulations.

4. In cases where Group 2 products and goods have been tested, examined, appraised, and certified regarding their specialized quality at a unit within the People's Public Security Force with the relevant functions and responsibilities and meet the conditions stipulated by laws on testing, examination, appraisal, and certification, the state inspection authority for Group 2 products and goods shall not conduct testing, examination, and appraisal of those products and goods and shall use the results of testing, examination, appraisal, and certification as the basis for issuing a notification of the results of state inspection in production and importation.

Article 6. Accreditation Organizations for Group 2 Products and Goods

1. Accreditation organizations participating in activities such as testing, certification, inspection, and examination serving the management of quality of Group 2 products and goods include:

a) Accreditation organizations that have completed registration of the scope of accreditation activities for Group 2 products and goods according to the procedures and formalities prescribed in Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government on business conditions for conformity assessment services and Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain provisions on investment business conditions in the sector managed by the Ministry of Science and Technology and certain provisions on specialized inspection.

b) Accreditation organizations evaluated and designated by the Science, Strategy and History Department of the Ministry of Public Security when meeting the conditions stipulated in Clause 18a of Decree No. 132/2008/ND-CP as amended and supplemented.

2. Accreditation organizations that have registered their scope of activities and been designated by the Science, Strategy and History Department of the Ministry of Public Security must comply with the regulations on accreditation activities and be subject to supervision by the Science, Strategy and History Department of the Ministry of Public Security.

The Science, Strategy and History Department of the Ministry of Public Security shall publish a list of designated accreditation organizations, registered accreditation organizations, and accreditation organizations with recognized accreditation results in accordance with Clause 2 of Article 26 of the Product and Goods Quality Law on the Ministry of Public Security’s electronic portal for relevant agencies, organizations, and individuals to choose and use.

3. The application dossier for accreditation organizations shall be carried out in accordance with the provisions of Clause 18b of Decree No. 132/2008/ND-CP as amended and supplemented.

4. The evaluation procedure for accreditation organizations in the case of initial designation, change, and supplementation of the scope of designated activities shall be carried out in accordance with the provisions of Clause 1 of Article 18d of Decree No. 132/2008/ND-CP as amended and supplemented, specifically as follows:

a) Within three working days from the date of receipt of the application dossier for designation, if the dossier is incomplete or invalid according to the regulations, the Science, Strategy and History Department of the Ministry of Public Security shall notify in writing requiring the accreditation organization to amend and supplement the dossier.

b) Within twenty days from the date of receipt of a complete and valid dossier, the Science, Strategy and History Department of the Ministry of Public Security shall establish an Evaluation Team to conduct practical capability evaluations at the accreditation organization. The composition of the Evaluation Team shall be decided by the Director of the Science, Strategy and History Department of the Ministry of Public Security. The content of practical evaluations, the sequence, and procedures for evaluation shall be carried out in accordance with the provisions of Clause 18d of Decree No. 132/2008/ND-CP as amended and supplemented.

Depending on the content to be evaluated in reality, the Evaluation Team includes the Head of the Evaluation Team, who is a representative of the leadership of the Science, Strategy, and History Department of the Public Security, the Deputy Head of the Evaluation Team, who is a representative of the functional department under the Science, Strategy, and History Department of the Public Security, members who are representatives of units under the Ministry of Public Security or independent experts from outside, and the Secretary, who is an officer of the functional department under the Science, Strategy, and History Department of the Public Security. In case the Head of the Evaluation Team is absent, the Deputy Head of the Evaluation Team will replace and manage the practical evaluation content.

c) In cases where only the scope and field of designation are changed or supplemented, if the registration file is complete and valid, the Science, Strategy, and History Department of the Public Security will examine the file without organizing a practical capability assessment. If the registration file is complete but contains inappropriate content or there are requirements from competent state agencies or information, reflections indicating signs of violations related to the file, the designation agency will organize a practical capability assessment at the conformity assessment organization.

d) After the Evaluation Team completes the evaluation of the conformity assessment organization and the conformity assessment organization has rectified the contents according to the evaluation minutes (if any), the Science, Strategy, and History Department of the Public Security issues a decision to designate the conformity assessment organization in accordance with the regulations.

5. The process of designating a conformity assessment organization for reissuing the designation decision shall be implemented in accordance with the provisions of Clause 2 Article 18d of Decree No. 132/2008/NĐ-CP as amended and supplemented, specifically as follows:

a) Within the validity period of the designation decision, if the conformity assessment organization requests to reissue the designation decision, it shall prepare one set of application files in accordance with Article 18b of Decree No. 132/2008/NĐ-CP as amended and supplemented, and submit them to the Science, Strategy, and History Department of the Public Security.

b) Within five working days from the date of receipt of a complete and valid file, the Science, Strategy, and History Department of the Public Security shall examine and reissue the designation decision. In case the requirements are not met, the Science, Strategy, and History Department of the Public Security shall issue a written response stating the reasons.

6. The Science, Strategy, and History Department of the Public Security shall consider and decide to revoke the designation decision in cases where the conformity assessment organization violates any of the circumstances stipulated in Article 18g of Decree No. 132/2008/NĐ-CP as amended and supplemented.

Article 7. Responsibilities of the Science, Strategy, and History Department of the Public Security

1. Implementing the powers and responsibilities of the advisory body assisting the Minister of Public Security in performing the function of the focal point for state management of the quality of products and goods group 2 in accordance with the Law on Product Quality and relevant laws.

2. Based on needs and the capacity for state management in each period, the Science, Strategy, and History Department of the Public Security shall coordinate with relevant units to advise the Minister of Public Security to consider and decide on a list of products and goods group 2 that is suitable for actual management.

3. Annually or at any time, issue plans for state inspections of the quality of products and goods group 2.

4. Take the lead and coordinate with relevant agencies to inspect the quality of products and goods group 2.

5. Issue decisions to designate or suspend conformity assessment organizations from conducting testing, certification, appraisal, and inspection of the quality of products and goods group 2. Supervise and monitor the activities of designated conformity assessment organizations.

6. Report to the leadership of the Public Security Ministry for guidance and handling of cases where products and goods group 2 do not meet quality requirements.

7. Summarize the results of quality inspections of products and goods group 2 and report to the leadership of the Public Security Ministry regularly every six months and annually as prescribed.

Article 8. Responsibilities of designated conformity assessment organizations

The designated conformity assessment organization shall fulfill its responsibilities as prescribed in Article 18e of Decree No. 132/2008/ND-CP, which has been amended and supplemented, specifically as follows:

1. Annually on December 15 or at any time upon request, report the results of the designated conformity assessment activities according to Model No. 11 attached to Decree No. 132/2008/ND-CP, as amended and supplemented, to the Science, Strategy and History Police Bureau for consolidation and reporting to the Ministry of Public Security.

2. Notify the Science, Strategy and History Police Bureau of any changes affecting the testing, inspection, certification, and verification capabilities within 15 days from the date of change.

Article 9. Responsibilities of local public security units

1. Annually, units producing or importing products and goods in Group 2 shall report their production and import plans for Group 2 products and goods approved by competent authorities to the Science, Strategy and History Police Bureau for monitoring.

2. Cooperate with the Science, Strategy and History Police Bureau in state inspections of the quality of Group 2 products and goods within the scope of their assigned functions and tasks.

3. Strictly comply with regulations on the management of Group 2 product and goods quality; promptly report to the leadership of the Ministry of Public Security (through the Science, Strategy and History Police Bureau) on issues related to the management of Group 2 product and goods quality.

Chapter III

IMPLEMENTATION

Article 10. Effective Date

1. This Circular shall take effect from January 15, 2025.

2. Replace the phrase "Logistics and Technical Service General Department" in the basis for issuance, Article 6, Article 8, Article 9, Article 12, Article 14, Article 15, Article 17, and the phrase "Science, Technology and Environment Management Bureau" in Article 9 of Circular No. 19/2017/TT-BCA dated May 31, 2017 of the Minister of Public Security on measuring instrument management for special Group 2 measuring instruments in the People's Public Security Force (referred to as Circular No. 19/2017/TT-BCA) with the phrase "Science, Strategy and History Police Bureau." Replace the phrase "Finance Bureau" in Clause 4 of Article 12 and Article 13 of Circular No. 19/2017/TT-BCA with the phrase "Planning and Finance Bureau."

3. In cases where legal regulatory documents cited in this Circular are amended, supplemented, or replaced, the citation content shall be implemented according to the amended, supplemented, or replacing legal regulatory documents.

Article 11. Responsibility for Implementation

1. The Director of the Science, Strategy and History Police Bureau is responsible for guiding, inspecting, urging, and organizing the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Directors of provincial and centrally-administered city public security services, relevant organizations, and individuals are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local public security units, relevant organizations, and individuals shall report to the Ministry of Public Security (through the Science, Strategy and History Police Bureau) for timely guidance.