Circular No. 10/2017/TT-BXD dated September 29, 2017 of the Ministry of Construction on promulgating the National Technical Regulations on products and goods of building materials and guidelines for certificate of conformity and declaration of conformity

THE MINISTRY OF CONSTRUCTION

Circular No.10/2017/TT-BXD dated September 29, 2017 of the Ministry of Construction on promulgating the National Technical Regulations on products and goods of building materials and guidelines for certificate of conformity and declaration of conformity

Pursuant to the Law on Technical regulations and standards dated June 29, 2006;

Pursuant to the Law on Product and goods quality dated November 21, 2007;

Pursuant to the Government s Decree No. 81/2017/ND-CP on functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government s Decree No. 127/2007/ND-CP dated August 1, 2007 on guidelines for the Law on Technical regulations and standards;

Pursuant to the Government s Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality;

Pursuant to the Government s Decree No. 107/2016/ND-CP July 1, 2016 on conditions for provision of conformity assessment services;

At the request of the Director of the Department of Science, Technology and Environment and Director of Department of Building Materials.

The Minister of Construction promulgates a Circular promulgating National Technical Regulations on products and goods of building materials QCVN 16:2017/BXD, and guidelines for certificate of conformity and declaration of conformity.

Article 1. Scope of adjustment

1. This Circular promulgates National Technical Regulations on products and goods of building materials QCVN 16:2017/BXD.

2. This Circular provides guidelines for certificate of conformity and declaration of conformity on products and goods of building materials (hereinafter referred to as building materials) prescribed in QCVN 16:2017/BXD that are domestically manufactured or imported prior being sold on the market and used in construction works.

Article 2. Subject of application

1. Manufacturers, importers, traders, and users of building materials.

2. Certification bodies that assess and grant certificates of conformity to building materials.

3. Regulatory agencies responsible for quality of building materials.

Article 3. Interpretation of terms

1. Certification of conformity means the certification body assessing and certifying that building materials are conformable with National Technical Regulation QCVN 16:2017/BXD.

2. Declaration of conformity means the manufacturer/product owner self-declaring that building materials are conformable with National Technical Regulation QCVN 16:2017/BXD.

3. Certification body means a body competent to assess and certify that building materials are conformable with National Technical Regulation QCVN 16:2017/BXD.  The certification body must obtain a certification of operation registration as prescribed in the Government s Decree No. 107/2016/ND-CP July 1, 2016 on conditions for provision of conformity assessment services (hereinafter referred to as Decree No. 107/2016/ND-CP) and designated by the Ministry of Construction.

Article 4. Certification of conformity

1. Certification of conformity of building materials that are domestically manufactured shall be applied with either the fifth method or the seventh method specified in Part 3 QCVN 16:2017/BXD.

2. Certification of conformity of building materials that are imported shall be applied with one of the first, fifth or seventh methods specified in Part 3 QCVN 16:2017/BXD.

Article 5. Declaration of conformity

1. Rules for declaration of conformity

a) The declaration of conformity must be made according to the assessment and certification of certification body;

b) If the conformity assessment results performed by a foreign conformity assessment body is employed for certification and declaration of conformity, such body must be recognized as per the law.

c) If a building material product is subject to multiple technical regulations, it must be referred to in a declaration of conformity registered with respective specialized body and the conformity marking only be affixed when the product is in compliance with requirements prescribed in corresponding technical regulations.

2. Application for registration of the declaration of conformity

a) A declaration of conformity using form No. 2 CBHC/HQ prescribed in Appendix III Circular No. 28/2012/TT-BKHCN dated December 12, 12 of the Minister of Science and Technology on declaration of conformity and methods of assessment conformity with technical regulations and standards (hereinafter referred to as Circular No. 28/2012/TT-BKHCN) and addition to Clause 7 Article 1 Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Minister of Science and Technology on amendments to Circular No. 28/2012/TT-BKHCN.

b) Certified true copy of certificate of conformity enclosed with the specimen of conformity marking issued by the certification body.

3. Declaration of conformity procedures

a) The manufacturer/product owner shall send an application for registration of the declaration of conformity directly or by post as prescribed in Clause 2 hereof to Department of Construction at province or central-affiliated city (hereinafter referred to as province) where the manufacturer/product owner has registered its business.

b) If the application for registration of the declaration of conformity is adequate as prescribed in Clause 2 hereof, within 5 working days from the date on which the application is received, Department of Construction shall verify if it is eligible.

c) If the application is eligible, Department of Construction shall issue an acknowledgement of application to the manufacturer/product owner (using form No. 3. TBTNHS prescribed in Appendix III of Circular No. 28/2012/TT-BKHCN.

d) If the application is not eligible, it will be rejected and Department of Construction will provide the manufacturer/product owner with explanation.

4. Acknowledgement of application

a) The acknowledgement of application will gain the validity of the certificate of conformity issued by the certification body.

b) Upon receipt of acknowledgement of application, the product may be sold on the market or used in construction works.

Article 6. Designation of certification bodies

1. Certification bodies of building materials shall be designated in accordance with Circular No. 09/2009/TT-BKHCN dated April 8, 2009 of the Minister of Science and Technology on guidelines for requirements and procedures for designation of conformity assessment bodies (hereinafter referred to as Circular No. 09/2009/TT-BKHCN) and Circular No. 11/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology on amendments to Circular No. 09/2009/TT-BKHCN (hereinafter referred to as Circular No. 11/2011/TT-BKHCN).

2. Any conformity assessment body prescribed in Decree No. 107/2016/ND-CP has competence to test building materials in accordance with QCVN 16:2017/BXD may submit an application for designation of certification body to the Ministry of Construction as prescribed in Clause 1 of this Article to perform the certification of conformity activities.

Article 7. Responsibilities of bodies in conjunction with certification of conformity and declaration of conformity

1. The Department of Science, Technology and Environment affiliated to the Ministry of Construction shall act as central body in terms of measurement and standardization as follows:

a) Provide guidelines for certification of conformity activities.

b) Formulate, examine, and amend national technical regulations on products and goods of building materials.

c) Inspect and assess competence of potential bodies and request the Ministry of Construction to designate and announce certification bodies.

d) Monitor and report operation of certification bodies.

dd) Cooperate with Department of Building Materials in monitoring, reporting, and inspecting the declaration of conformity activities of provinces.

2. Department of Building Materials affiliated to the Ministry of Construction shall:

a) Cooperate with Department of Science, Technology and Environment in formulating, examining, and amending national technical regulations on products and goods of building materials;

b) Cooperate with the Department of Science, Technology and Environment in inspecting and assessing potential bodies and requesting the Ministry of Construction to designate and announce certification bodies;

c) Inspect operation of certification bodies.

d) Monitor, report, and inspect the declaration of conformity activities of provinces.

3. Departments of Construction of provinces shall:

a) Receive applications for registration of the declaration of conformity on building materials.

b) Manage and inspect certification of conformity and declaration of conformity on building materials in provinces.

c) Send reports on certification of conformity and declaration of conformity to the Ministry of Construction on the annual basis or on the ad-hoc basis at the request from the Ministry of Construction.

4. Each certification body shall:

a) Exercise rights and fulfill obligations as prescribed in Articles 19 and 20 of the Law on Product and goods quality. If the certification body violates this Circular, Circular No. 09/2009/TT-BKHCN or Circular No. 11/2011/TT-BKHCN or Article 20 of the Law on Product and goods quality, it shall, depending on the nature and severity, be liable for warnings or have its decision on designation suspended or revoked.

b) Send reports on certification of conformity to the Ministry of Construction on the biannual or ad-hoc basis.

c) Notify the Ministry of Construction of changes that affect competence to perform certification of conformity that has been registered within 15 days from the date on which the change occurs.

5. The manufacturer/product owner shall:

a) Declare accurate types of building materials in accordance with the list of products prescribed in Table 1 Part 2 of QCVN 16:2017/BXD. If the type of product cannot be identified, the cooperation of certification body should be required to identify the product.

b) Each importer of building materials must provide customs authority at checkpoint with an application for registration of certification of conformity bearing certification of a certification body designated by the Ministry of Construction with the purpose of clearance of goods.

c) Publish its declaration of conformity on means of media to ease the users’ accessibility.

d) Remain and take responsibility for the conformity of building materials referred to in a declaration of conformity; keep the control of quality, testing and periodical supervision.

dd) Affix conformity marking on products referred in the declaration of conformity as prescribed in Clause 2 Article 4 of Circular No. 28/2012/TT-BKHCN before being sold on the market. Make a logbook and send annual reports on the use of conformity marking to certification body.

e) If the inconformity of building materials referred to in a declaration of conformity whilst the products are circulated or used:

- Promptly send a notice of nonconformity to Department of Construction of province where the business is registered; suspend the discharge of products from factory and recovery of non-conformable products being sold on the market if the products’ nonconformity poses high risks of unsafety to users; suspend operation and utilization of relevant services and environment.

- Adopt remedial measures for nonconformities; send notices of remedy results to Department of Construction of province where the business is registered before the products are kept being sold on the market or used in construction works.

g) Make and keep applications for registration of the declaration of conformity, including original copies, copies of documents prescribed in Clause 2 Article 5 and assessment document issued by certification body as the basis for inspection of regulatory agencies.

h) Provide documents justifying the conformity of products with QCVN 16:2017/BXD upon the request of competent authorities.

i) Provide certified true copy of acknowledgement of application and certificate of conformity for product trader and user or enable product trader and user to assess origin and relevant information about products in accordance with QCVN 16:2017/BXD.

k) Re-declare any change to contents of registered application or to functions, usage, and characteristics of building materials referred to in the declaration of conformity.

6. Trader and user of building materials prescribed in QCVN 16:2017/BXD must have a/an copy or original of certificate of conformity issued by the certification body and declaration of conformity made by the manufacturer/product owner.

Article 8. Transitional regulations

1. A holder of certificate of conformity issued in accordance with QCVN 16:2014/BXD before the effective date of this Circular may use the certificate of conformity and respective conformity marking until the certificate expires.

2. A designated certification body of building materials in accordance with QCVN 16:2014/BXD may keep performing its duties until this Circular expires; if its decision on designation expires after the issuance of this Circular, an extension may be granted provided that it does not go beyond the effective date of this Circular.

3. A body that has held a designation of certification of conformity of building materials in accordance with QCVN 16:2014/BXD, according to its needs and competence in accordance with QCVN 16:2017/BXD, may submit an application as prescribed in Article 6 hereof to the Ministry of Construction for consideration.

Article 9. Effect

1. This Circular comes into force as of January 1, 2018.

2. The following Circulars expire from the effective date of this Circular:

- Circular No. 11/2009/TT-BXD dated June 18, 2009 of the Minister of Construction on quality control of building glasses.

- Circular No. 11/2010/TT-BXD dated January 18, 2009 of the Minister of Construction on quality control of commercial clinker and portland cement.

- Circular No. 14/2010/TT-BXD dated August 20, 2010 of the Minister of Construction on quality control of ceramic tiles.

- Circular No. 21/2010/TT-BXD dated November 16, 2010 of the Minister of Construction on guidelines for certification of conformity and declaration of conformity of building materials.

- The Circular No. 15/2014/TT-BXD dated September 15, 2014 of the Minister of Construction promulgating National Technical Regulations on products and goods of building materials QCVN 16:2014/BXD.

Article 10. Implementation organization

Ministers, Heads of ministerial-level agencies, Governmental agencies, Presidents of People’s Committees of provinces and relevant entities shall implement this Circular.

Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Construction for consideration./.

For the Minister

The Deputy Minister

Bui Pham Khanh