Circular No. 45/2001/TT-BKHCNMT dated July 25, 2001 of the Ministry of Science, Technology and Environment guiding the implementation of clause 3, article 16 of the Government’s Decree No. 20/1999/ND-CP dated April 12, 1999 on commercial provision of goods-assessment services

CIRCULAR

GUIDING THE IMPLEMENTATION OF CLAUSE 3, ARTICLE 16 OF THE GOVERNMENT’S DECREE No. 20/1999/ND-CP OF APRIL 12, 1999 ON COMMERCIAL PROVISION OF GOODS-ASSESSMENT SERVICES

Pursuant to the Government’s Decree No.22/CP of May 22, 1993 on the tasks, powers and organizational structure of the Ministry of Science, Technology and Environment;

Pursuant to the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on commercial provision of goods-assessment services;

The Ministry of Science, Technology and Environment hereby guides the implementation of Clause 3, Article 16 of the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on commercial provision of goods-assessment services as follows:

I. SUBJECTS AND SCOPE OF APPLICATION

1. This Circular prescribes conditions, criteria, inspection procedures and issue of eligibility certificates for enterprises providing goods-assessment services defined at Point 2 of this Section I so that they may be requisitioned by competent State agencies for the assessment of goods related to the performance of the State agencies’ official duties.

2. This Circular shall apply to enterprises providing goods-assessment services defined in Article 3 of the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on commercial provision of goods-assessment services (hereafter called assessing enterprises for short).

II. CONDITIONS, CRITERIA FOR ASSESSING ENTERPRISES TO BE REQUISITIONED

Assessing enterprises requisitioned by competent State agencies for the assessment of goods related to the performance of the State agencies’ official duties must meet the following conditions and criteria:

1. Having been granted one of the following certificates (still valid):

a/ Certificate of the system ensuring quality compatibility with Vietnam Standards TCVN’ISO 9000;

b/ Certificate of recognition of the assessing organization’s compatibility with Vietnam Standards TCVN 5957- 1995;

c/ Certificate of recognition of the testing room’s compatibility with Vietnam Standards TCVN 5958-1995.

2. Having assessors who meet the criteria prescribed in Article 7 of the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on commercial provision of goods-assessment services.

3. Having technical means capable of testing major norms of goods registered for assessment.

III. PROCEDURES FOR INSPECTION AND CERTIFICATION OF ENTERPRISES’ELIGIBILITY FOR THE ASSESSMENT OF GOODS RELATED TO THE PERFORMANCE OF THE STATE AGENCIES’ OFFICIAL DUTIES

1. The Ministry of Science, Technology and Environment assigns the General Department of Standardization, Measurement and Quality Control (hereafter abbreviated to GDSMQC) to organize the inspection of conditions and criteria stipulated in Section II of this Circular and issue eligibility certificates for enterprises to be requisitioned for the assessment of goods related to the performance of the State agencies’ official duties.

In cases where the goods assessed by enterprises are the particular ones, according to the Government’s current regulations on the assignment of State management responsibility for the goods quality, the inspection of conditions and criteria stipulated in Section II of this Circular as well as the issue of eligibility certificates for enterprises to be requisitioned for the assessment of goods related to the performance of the State agencies’ official duties must involve representatives of the specialized managing ministries.

2. Assessing enterprises, if wishing to assess goods related to the performance of the State agencies’ official duties shall have to send dossiers of application therefor to the GDSMQC. Such a dossier includes:

a/ The condition and criterion inspection-registration paper so as to be requisitioned for the assessment of goods related to the performance of the State agencies’ official duties;

b/ A valid copy of the business registration certificate;

c/ A copy of one of the certificates prescribed at Point 1, Section II of this Circular;

d/ A list of assessors;

e/ A list of major testing equipment and devices.

3. After being inspected, if enterprises satisfy all conditions and criteria prescribed in Section II of this Circular, the GDSMQC shall grant them certificates of eligibility for the assessment of goods related to the performance of the State agencies official duties, and at the same time notify such in writing to the competent State agencies so that the latter have grounds to requisition such enterprises for assessment when necessary. The form of eligibility certificate for goods assessment in service of State management is prescribed in Appendix 4 to this Circular (not printed herein).

This certificate shall not substitute the written request for assessment, issued by the competent State agency.

Depending on the types of enterprise and fields of assessment, such a certificate shall be valid for not more than 3 years from the date of its issue.

4. In cases where assessing enterprises fail to meet the conditions and criteria prescribed in Section II of this Circular, the GDSMQC shall notify the enterprises thereof in writing so that the latter may take remedial measures. After applying remedial measures, enterprises may request re-inspection.

The time limit for inspection and granting of certificates or notification of the failure shall be 7 days as from the date the GDSMQC receives a complete dossier prescribed in Section III of this Circular.

5. In case of changes of the conditions and criteria prescribed in Section II of this Circular, as compared to the time of inspection, the assessing enterprises shall have to immediately report them in writing to the GDSMQC. The GDSMQC shall have to organize re-inspection so as to make appropriate additional notice.

IV. EXAMINATION, INSPECTION AFTER GRANTING OF ELIGIBILITY CERTIFICATES FOR THE ASSESSMENT OF GOODS RELATED TO THE PERFORMANCE OF THE STATE AGENCIES’ OFFICIAL DUTIES

1. The GDSMQC shall organize the inspection of assessing enterprises already certified as having met all conditions and criteria for the assessment of goods related to the performance of the State agencies’ official duties upon receiving complaints or denunciations about their capability or assessment results.

2. Based on the inspection results, if assessing enterprises fail to ensure the conditions and criteria stipulated in this Circular, the GDSMQC shall issue decisions to invalidate the already granted eligibility certificates, and at the same time, notify such in writing to the State agencies mentioned in Section III of this Circular.

3. Assessing enterprises shall have the right to lodge complaints or initiate lawsuits at the administrative court under the provisions of the December 2, 1998 Law on Complaints and Denunciations, the June 3, 1996 Ordinance on Procedures for the Settlement of Administrative Cases, against the law-breaching acts of officials and public employees as well as agencies in the course of inspection or granting of eligibility certificates for the assessment of goods related to the performance of the State agencies’ official duties; or the requisitioning agencies’ decisions related to the goods-assessment results.

V. ORGANIZATION OF IMPLEMENTATION

1. The State agencies competent to requisition assessment shall make a written request for assessment with the following main contents:

a/ The names of goods requested for assessment;

b/ The assessment contents (clearly stating the norms and requirements);

c/ The regulations on inspection and testing methods;

d/ The proposed time limit for notification of inspection results.

Besides, the requisitioning agencies may provide extra information on the goods’ origin and volume, the number of goods lots and other information related to the goods lots.

2. The regulations on assessment certificate and its legality shall be effected in compliance with the provisions in Chapter III of the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on commercial provision of goods-assessment services.

3. If rejecting the assessment results, the assessment-requisitioning agency may consult the corresponding ministry or specialized managing branch (according to the Government’s current regulations on the assignment of State management responsibility for the goods quality) regarding the assessment results.

The opinions of the ministry or specialized managing branch shall be the final conclusions to serve as basis for the requisitioning agency to issue its decision.

4. The assessment charge shall be paid by the assessment-requisitioning agencies to the assessing enterprises according to the State’s regulations or mutual agreements in cases where it is not provided for by the State.

VI. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its signing and replaces Circular No.1907/1999/TT-BKHCNMT of October 28, 1999 of the Ministry of Science, Technology and Environment.

2. In the course of implementation, if any problem arises, it should be reported to the Ministry of Science, Technology and Environment for consideration and settlement.