Circular No. 23/2009/TT-BKHCN dated December 31, 2009 of the Ministry of Science and Technology stipulating the unified use of quality stamps for crash helmets of motorcycle and moped riders

CIRCULAR

STIPULATING THE UNIFIED USE OF QUALITY STAMPS FOR CRASH HELMETS OF MOTORCYCLE AND MOPED RIDERS

THE MINISTRY OF SCIENCE AND TECHNOLOGY

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;
Pursuant to the November 21, 2007 Law on Product and Goods Quality;
Pursuant to the Government's Decree No. 28/ 2008/ND-CP of March 14, 2008, defining the functions, tasks, powers and organizational structure of the Min istry of Science and Technology;
Pursuant to the Government's Decree No. 127/2007/ND-CP of August 1, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations;
Pursuant to the Government's Decree No. 132/2008/ND-CP of December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality;
Pursuant to the Ministry of Science and Technology's Decision No. 04/2008/QD-BKHCN of April 28, 2008, promulgating the National Technical Regulation on crash helmets for motorcycle or moped riders (QCVN 2: 2008/ BKHCN);
The Minister of Science and Technology provides for the unified use of quality stamps for crash helmets of motorcycle or moped riders as follows:

Chapter I

 GENERAL PROVISIONS

Article 1. Governing scope

This Circular stipulates the use of quality stamps for crash helmets of motorcycle or moped riders (below referred to as crash helmets) and the method of changing quality stamps for crash helmets made at home or imported before November 15.2008. and affixed with Conformity with Standard (CS) stamps and crash helmets affixed with "Tested" stamps, to Conformity with Regulation (CR) stamps.

Article 2. Subjects of application

This Circular will apply to the following subjects:

1. Organizations and individuals producing and trading in crash helmets (including crash helmet manufacturers, importers, wholesalers and retailers).

2. Standards, Metrology and Quality Technical Centers of the Directorate for Standards. Metrology and Quality.

3. Provincial-level Branches for Standards. Metrology and Quality.

4. Provincial-level market management agencies.

5. Concerned state management agencies.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Quality stamp mean a stamp indicating that the crash helmet complies with state regulations on quality control, which includes:

a/ CS stamp, indicating that a home-made crash helmet has been announced to be standard-conformable under Decision No. 51/2001/QD-BKHCNMT of October 8, 2001, of the Minister of Science. Technology and Environment (now the Minister of Science and Technology).

b/ "Tested" stamp, indicating that an imported crash helmet has been quality-tested under Decision No. 52/2001/QD-BKHCNMT of October 8, 2001, of the Minister of Science, Technology and Environment (now the Minister of Science and Technology).

c/ CR stamp, indicating that a home-made or an imported crash helmet has been announced to be regulation-conformable and certified as conformable with regulations as provided for in national technical regulation QCVN 2: 2008/ BKHCN.

2. Crash helmet of clear origin means a crash helmet bearing a label displaying the name and address of the manufacturer or the names and addresses of the importer and distributor; date of manufacture; and origin of product (for imported crash helmets).

Chapter II

PROVISIONS ON USE AND CHANGE OF QUALITY STAMPS OF CRASH HELMETS

Article 4. Unified use of quality stamps for crash helmets

As from July 1.2010, CS stamps and "Tested" stamps are no longer valid, From that time on, CR stamps will be uniformly used for all crash helmets made at home or imported and sold on the market.

Article 5. Principles for change of quality stamps and handling of violations

1. Change of quality stamps applies only to crash helmets affixed with CS stamps or "Tested" stamps and of clear origin, which had been manufactured or imported before November 15, 2008, and accompanied with standard conformity announcement files kept at provincial-level Branches for Standards, Metrology and Quality or imported crash helmet quality test files archived at any Standards. Metrology and Quality Technical Center.

2. Change of quality stamps does not apply to the following cases:

a/ Crash helmets affixed with CS stamps or "Tested" stamps, which are of clear origin but are manufactured or imported after November 15, 2008.

b/ Crash helmets affixed with CS stamps or "Tested" stamps, which are of clear origin but do not have standard conformity announcement files archived at provincial-level Branches for Standards. Metrology and Quality or imported crash helmet quality test files archived at any Standards, Metrology and Quality Technical Center.

c/ Crash helmets affixed with CS stamps or "Tested" stamps, which are of unclear origin and were manufactured or imported before November 18, 2008.

3. Crash helmets defined in Clause 2 of this Article will be handled according the law on substandard goods, fake goods, goods of unclear origin and infringing goods.

Article 6. Method of change of quality stamps for in-stock crash helmets affixed with CS stamps or "Tested" stamps

1. Crash helmet manufacturers and traders should make statistical reports on the quantity of in-stock crash helmets affixed with CS stamps or "Tested" stamps according to a set form provided in an appendix to this Circular (not printed herein) and notify their provincial-level Branches for Standards, Metrology and Quality thereof for guidance on the change to CR stamps.

2. Based on the reports of manufacturers and traders defined in Clause 1 of this Article, provincial-level Branches for Standards. Metrology and Quality shall implement the following steps:

a/ Classifying and inventorying the quantity of crash helmets by manufacturer displayed on the helmet labels (for home-made crash helmets affixed with CS stamps) or according to the names of Standards, Metrology and Quality Technical Centers which have conducted the quality inspection (for imported helmets affixed with "Tested" stamps).

b/ Checking and scrutinizing standard conformity announcement files with regard to crash helmets affixed with CS stamps, which are currently kept at the Branches, or contacting the provincial-level Branches for Standards. Metrology and Quality of the localities where manufacturers and traders made the standard conformity announcement.

For crash helmets with valid standard conformity pronouncement files, provincial-level Branches for Standards. Metrology and Quality shall notify the quantity of crash helmets affixed with CS stamps to any of the Standards, Metrology and Quality Technical Centers and guide the manufacturers and traders to bring the crash helmets to that Center for change to CR stamps.

c/ For crash helmets affixed with "Tested" stamps, provincial-level Branches for Standards. Metrology and Quality shall notify the quantity and serial numbers of these stamps to the corresponding Standards. Metrology and Quality Technical Centers for checking and scrutinization of their import files. If they are conformable with the importation files, provincial-level Branches for Standards. Metrology and Quality shall guide manufacturers and traders to transport the crash helmets to the Standards, Metrology and Quality Technical Centers for change to CR stamps.

3. The Standards, Metrology and Quality Technical Centers shall certify crash helmets with CS stamps or "Tested" stamps changed to CR stamps under Decision No. 24/2007/QD-BKHCN of September 28,2007, of the Ministry of Science and Technology, stipulating certification of standard conformity, regulation conformity, standard conformity announcement and regulation conformity announcement.

If crash helmets meet technical requirements under national technical regulation QCVN 2:2008/BKHCN, the Standards, Metrology and Quality Technical Centers shall issue regulation conformity certificates and guide manufacturers and traders to affix CR stamps to these crash helmets.

If they are not up to quality standards, the Centers shall issue notices stating that the goods lots are not up to quality standards and notify the provincial-level Branches for Standards. Metrology and Quality and manufacturers and traders thereof and concurrently report thereon to the Directorate for Standards, Metrology and Quality for handling according to regulations applicable to goods unconformable with national technical regulations.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7. Responsibilities of provincial-level Branches for Standards, Metrology and Quality and Standards, Metrology and Quality Technical

Centers

1. To change quality stamps for crash helmets defined in Clause 1, Article 5 of this Circular.

2. To coordinate with provincial-level Market Control Departments and the provincial-level Inspectorates of Science and Technology in handling crash helmets defined in Clause 2, Article 5 of this Circular, according to the law on goods of inferior quality, fake goods, goods of unclear origin and law-infringing goods.

Article 8. Responsibilities of manufacturers and traders

1. To make statistical reports on the quantity of in-stock manufactured or imported crash helmets affixed with CS stamps or "Tested" stamps for guidance on change to CR stamps.

2. To change CS or "Tested" stamps affixed on crash helmets to CR stamps under the guidance of concerned agencies defined in this Circular.

3. To abide by this Circular on the use of quality stamps for crash helmets.

4. To be responsible for the quality of crash helmets which have been affixed with CR stamps when they are marketed.

Article 9. Effect

This Circular takes effect 45 days from the date of its signing.

Article 10. Organization of implementation

1. The Directorate for Standards, Metrology and Quality shall organize the implementation of this Circular, assume the prime responsibility for. and coordinate with market management agencies in, examining, inspecting and handling violations by crash helmet manufacturers and traders under this Circular and current relevant regulations.

Crash helmet manufacturers and traders that breach the provisions of this Circular shall, depending on the nature and severity of their violations, be handled according to law.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Science and Technology (the Directorate for Standards, Metrology and Quality) for consideration and settlement.-