Decision No. 24/2007/QD-BKHCN dated September 28, 2007 of the Ministry of Science and Technology promulgating the Regulation on certification of standard conformity, certification of technical – regulation conformity, announcement of technical –regulation cement of technical regulation conformity

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Decision No. 24/2007/QD-BKHCN dated September 28, 2007 of the Ministry of Science and Technology promulgating the Regulation on certification of standard conformity, certification of technical – regulation conformity, announcement of technical –regulation cement of technical regulation conformity
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Official number:24/2007/QD-BKHCNSigner:Tran Quoc Thang
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Issuing date:28/09/2007Effect status:
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THE MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 24/2007/QĐ-BKHCN

Hanoi, September 28, 2007

 

DECISION

PROMULGATING THE REGULATION ON CERTIFICATION OF STANDARD CONFORMITY, CERTIFICATION OF TECHNICAL – REGULATION CONFORMITY, ANNOUNCEMENT OF TECHNICAL –REGULATION CEMENT OF TECHNICAL REGULATION CONFORMITY

THE MINISTRER OF SCIENCE AND TECHNOLOGY

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;

Pursuant to the Government's Decree No. 54/ 2003/ND-CP of May 19,2003, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology, and Decree No. 2812004/ND-CP of January 16, 2004, amending and supplementing a number of articles of Decree No. 5412003/ND-CP;

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;

At the proposal of the General Director for Standards and Quality,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on certification of standard conformity, certification of technical-regulation conformity, announcement of standard conformity and announcement of technical-regulation conformity.

Article 2. This Decision takes effect 15 days after its publication in "CONG BAO”.

Article 3. The General Director for Standards and Quality and concerned organizations and individuals shall implement this Decision.

 

 

FOR THE MINISTER OF SCIENCE AND TECHNOLOGY
VICE MINISTER




Tran Quoc Thang

 

DECIDES

PROMULGATING THE REGULATION ON CERTIFICATION OF STANDARD CONFORMITY, CERTIFICATION OF TECHNICAL - REGULATION CONFORMITY, ANNOUNCEMENT OF TECHNICAL -REGULATION CEMENT OF TECHNICAL REGULATION CONFORMITY
(Promulgated together with the Science and Technology Ministry's Decision No. 24/2007/QD-BKHCN of September 28, 2007)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Document provides for certification of standard conformity, certification of technical­regulation conformity, announcement of standard conformity and announcement of technical-regulation conformity.

Article 2. Subjects of application

This Document applies to agencies, organizations and individuals engaged in certification of standard conformity, certification of technical-regulation conformity, announcement of standard conformity or announcement of technical-regulation conformity.

Article 3. Natme of activities of standard and technical-regulation certification and announcement

1. Certification of standard conformity and announcement of standard conformity is a voluntary activity for all organizations and individuals.

2. Certification of technical-regulation conformity and announcement of technical-regulation conformity is a compulsory activity for all organizations and individuals having products, goods, services, processes or environmental management requirements subject to relevant technical regulations.

Article 4. Standard conformity marks, technical­regulation conformity marks

1. Standard conformity marks

Standard conformity marks are prescribed by standard conformity certification organizations. Standard conformity marks must meet the following basic requirements:

a) Being clear, not causing confusion with other marks;

b) Having enough area to display the symbol of the relevant standard used for certification;

Standard conformity certification organizations shall specify the shapes, structures, design and use of standard conformity marks

2. Technical-regulation conformity marks

a) The shapes and sizes of technical-regulation conformity marks are specified in Appendix I to this Regulation (not printed herein).

b) Technical-regulation conformity marks are displayed directly on products and goods or their packings or labels at easy-to-notice and easy-to-read places and, at the same time, may be printed in attached technical documents.

c) Technical-regulation conformity marks may be displayed in larger or smaller sizes but must ensure their proportions and be readable with bare eyes.

d) Technical-regulation conformity marks must be of the same color.  

Article 5. Methods of conformity assessment

1. The assessment of conformity may be conducted by one of the following methords:

a) Method 1: Testing typical samples;

b) Method 2: Testing typical samples in combination with evaluating the production process; supervising through testing samples taken from the market;

 c) Method 3: Testing typical samples in combination with evaluating the production process; supervismg through testing samples taken from production places in combination with evaluating the production process;

d) Method 4: Testing typical samples and evaluating the production process; supervising through testing samples taken from production places and the market in combination with evaluating the production process;

dd) Method 5: Testing typical samples and evaluating the production process; supervising through testing samples taken from production places or the market in combination with evaluating the production process;

e) Method 6: Evaluating and supervising the;

g) Method 7: Testing and evaluating lots of products or goods ;

h) Method 8: Testing or inspecting all products or goods;

2. The contents, order and principles for application of conformity assessment methods are specified in Appendix II to this Regulation (not printed herein).

Article 6. Methods of standard conformity assessment and technical-regulation conformity assessment

Methods of standard conformity assessment applicable each specific kind of products, goods, services, processes or environment are selected by standard conformity certification organizations or standard. conformity-announcing organizations or individual in accordance with conformity assessment methods specified In Article 5 of this Regulation. The selected assessment methods must suit certified objects so as to ensure the reliability of assessment results.

Methods of technical-regulation conformity assessment applicable to each specific kind of products, goods, services, processes or environment are prescribed in relevant technical regulations.

Article 7. Certification expenses

Organizations and individuals requesting Certificatiion of standard conformity or certification of technical regulation conformity shall pay expenses for the certification as agreed with certification organization. Expenses for assessment, certification and testing must be publicized, ensuring transparency and non-discrimination.

Chapter II

CERTIFICATION OF STANDARD CONFORMITY

Article 8. Requirements on standard conformity certification organizations

A standard conformity certification organization must have a management system and standard conformity certification capability meeting requirements set out in national standards and international standards and guidelines for each of the following standard conformity certification activities:

1) Vietnam standard TCVN 7457: 2004 or ISO/ IEC Guide 65: 1996 and relevant guidelines of the International Accreditation Forum (IAF), for certification of products and goods;

2) Vietnam standard TCVN 5956: 1995 or ISO/ IEC 17021: 2006 and relevant guidelines of the International Accreditation Forum (IAF), for certification of quality management systems;

3) Vietnam standard TCVN 7458: 2004 or ISO/ IEC 17021: 2006 and relevant guidelines of the International Accreditation Forum (IAF), for certification of environmental management systems.

When standards and guidelines specified in this Article are amended, supplemented or superseded, the amended, supplemented or newly promulgated documents shall be complied with.

Article 9. Order of and procedures for registration of standard conformity certification activities

1. Conformity certification organizations meeting requirements specified in Article 8 of this Regulation which wish to conduct standard conformity certification activities shall compile dossiers of registration for standard conformity certification activities and send them to the Directorate for Standards and Quality.

2. A dossier of registration for standard conformity certification activities comprises:

a) A written registration of standard conformity certification activities, made according to the form prescribed in Appendix III to this Regulation (not printed herein);

b) Copies of the establishment decision (if any) and the business registration certificate;

c) Documents evidencing the capabilities for standard conformity certification activities in accordance with the requirements specified in Article 8 of this Regulation;

d) The model standard conformity certificate and standard conformity mark;

dd) Results of standard conformity certification activities already conducted in the registered domain (if any).

3. Within seven working days after receiving a valid and complete dossier as specified in Clause 2 of this Article, the Directorate for Standards and Quality shall consider the dossier and grant a certificate of registration for standard conformity certification activities, made according to the form in Appendix IV to this Regulation (not printed herein), to the standard conformity certification organization, if the organization fully satisfies prescribed requirements.

In case of refusal to grant a certificate, it shall issue a written reply, clearly stating the reasons, to the organization making registration for standard conformity certification activities.

4. When a certification organization that has registered standard conformity certification activities wishes to change or add domains of standard conformity certification, it shall make registration for the change or addition in accordance with Clauses 1 and 2 of this Article.

 The application for change or supplementation of domains of standard conformity certification is made according to the form prescribed in Appendix V to this Regulation (not printed herein.

The Directorate for Standards and Quality shall examine the dossier and renew certificate of registration for standard conformity certification activities according to the form in Appendix IV to this Regulation (not printed herein), for the standard conformity organization and withdraw the old certificate.

Article 10. Rights and obligations of standard conformity certification organizations

The rights and obligations of standard conformity certification organizations are specified in Article 52 of the Law on Standards and Technical Regulations, specifically as follows:

1. Rights:

a) To grant standard conformity certificates valid for not more than three years to products, goods, services, processes or environment certified to be conformable with relevant standards;

b) To assign the right to use standard conformity marks to organizations and individuals having products and goods certified to be standard­conformable and guide them how to use these marks;

c) To withdraw granted standard conformity certificates and the assigned right to use standard conformity marks when organizations and individuals having certified products, goods, services, processes or environment seriously violate the provisions of Points a and b, Clause2, Article 46, of the Law on Standards and Technical Regulations.

2. Obligations:

a) To conduct standard conformity tlhification activities in the registered domains by the standard conformity certification method under contracts signed with certification-requesting orgamzations or individuals and, at the same time, state the applied standard conformity certification method in standard conformity certificates; to take responsibility for the results of standard conformity certification;

b) To ensure objectivity and fairness in standard conformity certification activities; to refrain from providing consultancy to organizations and individuals requesting standard comformity certification;

c) To keep confidential information collected in the course of conducting standard conformity certification activities;

d) To supervise objects already certified to be standard-conformable in order to ensure their sustained conformity with relevant standards;

dd) To take responsibility before law for their activities;

e) To publicize on suitable means of communication the grant and withdrawal of standard conformity certificates and the right to use standard conformity marks;

g) Biannually or upon request, to send reports on the results of standard conformity certification activities, made according to the form prescribed in Appendix VI to this Regulation (not printed herein), to the Directorate for Standards and Quality;

h) To notify the Directorate for Standards and Quality of all changes that may affect registered standard~nformity certification activities.

Chapter III

CERTIFICATION OF TECHNICAL-REGULATION CONFORMITY

Article 11. Objects of and grounds for certification of technical-regulation conformity

1. Objects of technical-regulation conformity certification activities are products, goods, services, processes and environment specified in relevant national technical regulations or local technical regulations.

2. Grrounds for technical-regulation conformity certification are specified in relevant national technical regulations or local technical regulations.

Article 12. Requirements on technical-regulation Conformity  certification organizations.

1. Technical-regulation conformity certification organizations must satisfy all requirements specified in Article 8 of this Regulation.

2. Depending on management requirements, ministries, ministerial-level agencies and provincial! municipal People's Committees may provide specific guidance on requirements on technical-regulation conformity certification organizations on the basis of the provisions of Clause 1 of this Article so as to suit requirements of technical regulations.

Article 13. Order of and procedures for registration and designation of technical-regulation conformity certification organizations

1. Conformity certification organizations that wish to conduct technical-regulation conformity certification activities in specific domains shall make and send registration dossiers to the following agencies:

a) The focal agency managing the relevant domain designated by the ministry or ministerial-level agency.

b) The focal agency managing the certification and announcement of technical-regulation conformity, designated by the provincial/municipal People's Committee.

2. A registration dossier comprises:

a) A written registration for technical-regulation conformity certification activities, made according to the form in Appendix VII to this Regulation (not printed herein);

b) Copies of the establishment decision (if any) and the business registration certificate;

c) Documents evidencing the capabilities for conformity certification activities in accordance with the requirements specified in Article 8 of this Regulation;

d) The model technical-regulation conformity certificate;

dd) Documents proving the satisfaction of specific requirements prescribed in Clause 2, Article 12, of this Regulation (if any);

e) The results of technical-regulation conformity certification activities already conducted in the registered domain (if any).

3. Within 15 working days after receiving a complete and valid dossier as specified in Clause 2 of this Article, the competent state agency specified at Point a or b, Clause 1 of this Article shall examine the dossier and issue a decision to designate the technical-regulation conformity certification organization, made according to the form in Appendix VIII to this Regulation (not printed herein), if the organization registering for technical-regulation conformity certification activities fully meets prescribed requirements.  

In case of refusal to grant a certificate, they shall issue a written reply, clearly stating the reasons, to the organization registering for technical-regulation conformity certification activities.

4. Certification organizations designated to conduct technical-regulation conformity certification activities that wish to change or add domains of technical-regulation conformity certification shall carry out procedures for registration of change or addition in accordance with Clause 1 or 2 of this Article.  

 The form of application for change or addition of domains of technical-regulation conformity certification is included in Appendix IX to this Regulation (not printed herein).

Ministries, ministerial-level agencies and provincial/municipal People's Committees shall examine dossiers and issue decisions on the change or addition of domains and objects of technical­regulation conformity-certification activities, made according to the form in Appendix X to this Regulation (not printed herein).

Article 14. Rights and obligations of technical­regulation conformity certification organizations

1. Rights:

a) To grant technical-regulation conformity certificates valid for not more than three years to products, goods, services, processes or environment certified to be conformable with relevant technical regulations;

b) To assign the right to use technical-regulation conformity marks to organizations and individuals having certified products, goods, services, process or environment with relevant technical regulations and guide them how to use these marks;

c) To withdraw the granted technical-regulation conformity certificates and the right to use technical­regulation conformity marks assigned to organiza­tions and individuals having certified products, goods, services, processes or environment that seriously violate regulations on certification of technical­regulation conformity.

2. Obligations:

a) To conduct technical-regulation conformity certification activities in the designated domains according to the prescribed order and procedures;

b) On the basis of technical-regulation conformity certification methods specified in relevant technical regulations, to develop the order of and procedures for certification of technical-regulation conformity applicable to each specific object and notify them to related agencies, organizations and individuals;

c) To ensure objectivity and fairness in technical-

regulation conformity certification activitiess; to refrain from providing consultancy on technicamgulation conformity certification to organizaions and individuals requesting technical-regulation conformity certification;

d) To keep confidential all information collected in the process of conducting technical regulation conformity certification activities;

dd) To supervise objects already certified to be technical-regulation conformable so as to ensure their sustained conformity with relevant technical regulations;

e) To take responsibility before law their activities;

g) To promptly report to competent management agencies and widely announce on the mass media the withdrawal of technical-regulation conformity certificates and the right to use technical regulation conformity marks;

h) Biannually or upon request, to send reports on the results of technical-regulation conformity certification activities, made according to the form in Appendix VI to this Regulation (not printed herein), to competent management agencies that have designated them as technical-regulation conformity certification organizations and the Directorate for Standards and Quality for synthesis;

i) To notify competent management agencies that have designated them as technical-regulation conformity certification organizations all changes which affect the technical-regulation conformity certification capabilities within 15 days after the occurrence of these changes.

Chapter IV

ANNOUNCEMENT OF STANDARD CONFORMITY

Article 15. Order of and procedures for standard conformity announcement

1. The announcement of standard conformity is conducted in the following steps:

Sep 1: Assessing the conformity of announced objects with  relevant standards.

a) The above-stated conformity assessment may

be conducted by a standard conformity certification organizmtm (the third party) or the standard conformyty-announcing organization or individual (the first party). The conformity assessment is conducted by the standard conformity assessment method specified in Clause 1, Article 6 of this Regulation.

b) The conformity assessment results specified at

Point a, Clause 1 of this Article serve as grounds for organization and individuals to announce standard conformity.

Sep 2: Registering standard conformity  announcement documents.

a) The standard conformity-announcing organiz'atmn or individual shall send its st~n'dard conformity announcement document, made according to the form in Appendix XI to this Regulation (not printed herein), to the Department for Standards and Quality of the province or centrally run city where it has registered its production or business activities for registration.

b) Within seven working days after receiving a complete dossier of standard conformity announcement, the Department for Standards and Quality shall notify the standard conformity- announcing organizations and individuals as follows:

- If the standard conformity announcement document is valid, to make a notice on the receipt of the standard conformity announcement document according to the form in Appendix XII to this Regulation (not printed herein) and send it to the standard conformity-announcing organization or individual;

- If the registration is invalid, to notify in writing the standard conformity-announcing organization or individual of improper points or contents for the latter to revise its standard conformity announcement document to the Department for Standards and Quality.           

2. Provincial/municipal Departments for Standards and Quality shall keep a register of standard conformity announcement for monitoring and management purposes.

Article 16. Responsibilities of standard conformity-announcing organizations and individuals

1. To maintain and take responsibility for the conformity of products, goods, services, processes or environment already registered for standard conformity announcement; to maintain the periodical control of quality, testing and supervision at their production or business establishments.

2. To promptly notify the Departments for Standards and Quality of provinces or centrally run cities where they have registered dossiers of standard conformity announcement specified at Clause 3, Article 21 of this Regulation of the non-conformity with standards detected in the course of production, circulation, transportation or use of products, goods, processes, services or environment and take the following appropriate measures:

a) To apply measures to remedy the non­conformity;

b) When necessary, to suspend the production and withdraw non-conformable products or goods from circulation on the market; to suspend the operation or exploitation of concerned processes, services or environment;

c) To notify the Departments for Standards and Quality of provinces or centrally run cities where they have registered dossiers of standard conformity announcement specified in Clause 3, Article 21, of the Law on Standards and Technical Regulations of the results of handling the non-conformity before resuming the use, circulation, exploitation or trading of products, goods, services, processes or environment.

3. To compile and keep dossiers of standard conformity announcement as follows:

a) In case of announcing standard conformity on the basis of the results of standard conformity certification conducted by an independent standard conformity certification organization (the third party), a dossier of standard conformity announcement compnses:

- The registered standard conformity announcement document;

- The notice of the receipt of the standard conformity announcement document, issued by a competent agency;

- A copy of the standard conformity certificate granted by the standard conformity certification organization for products, goods, processes, services or environment;

- The standard applied for announcement;

- The general description of products, goods, services, processes or environment (properties, functions and utilities).

b) In case of announcing standard conformity on the basis of the results of self-assessment by production or business organizations or individuals (the first party), a dossier of standard conformity announcement comprises:

- The registered standard conformity announcement document;

- The notice of the receipt of the standard conformity announcement document, issued by a competent agency;

- The standard applied for announcement;

- The general description of products, goods, services, processes or environment (propertied, functions and utilities);

- The production process and quality control plan, made according to the form in Appendix XIII to this Regulation (not printed herein), or a copy of the certificate of conformity with ISO 9001 standard, in case the standard conformity – announcing organization or individual has its quality management system certified to be conformable with ISO 9001 standard.

- The standard conformity assessment report.

5. To make re-announcement upon any changes in the contents of the registered standard conformity announcement documents.

Chapter V

ANNOUNCEMENT OF TECHNICAL-TEGULATION CONFORMITY

Article 17. Objects of technical regulation conformity announcement

Objects of technical-regulation conformity announcement include:

1. Products, goods, services, processes and environment subject to announcement of technical­ regulation conformity as prescribed in national technical regulations promulgated by ministries or ministerial-level agencies;

2. Locally peculiar products, goods, services, processes and environment subject to announcement of technical-regulation conformity as prescribed in local technical regulations promulgated by provincial! municipal People's Committees.

Article 18. Order of and procedures for technical­ regulation conformity announcement

The announcement of technical-regulation conformity is conducted in the following steps:

1. Step 1: Assessing the conformity of objects of announcement with relevant technical regulations.

a) The assessment of technical-regulation conformity may be conducted by a designated technical-regulation conformity certification organization (the third party) or the technical­ regulation conformity- announcing organization or individual (the first party;

b)  In case the technical-regulation conformity-­announcing organization or individual (the first party) conduct the assessment of technical-regulation conformity itself, it shall carry out the testing at a testing laboratory accredited or designated by the technical regulation-promulgating agency;

c) The results of assessment of technical-regulation conformity are grounds for the organization or individual to announce technical –regulation conformity..

2. Step 2: Registering the technical-regulation conformity announcement document at a relevant agency in charge of managing and receiving dossiers of technical – regulation conformity announcement specified in Article 21 of this Regulation

Article 19. Registration of technical – regulation conformity announcement documents

1. Technical-regulation conformity-announcing organizations and individuals shall compile and send dossiers of technical-regulation conformity announcement to relevant provincial-level services in localities where they have registered their production and/or business activities for registration.

A dossier of technical-regulation conformity announcement comprises:

a) In case of announcing technical-regulation conformity on the basis of the results of technical ­regulation conformity certification conducted by a technical-regulation conformity certification organization (the third party):

- A technical-regulation conformity announcement document, made according to the form in Appendix XI to this Regulation (not printed herein);

- A copy of the certificate of the conformity of products, goods, services, processes or envir9nment with relevant technical regulations, granted by the technical-regulation conformity certification organization;

- The general description of products, goods, services, processes or environment (properties, functions, utilities....).

b) In case of announcing technical-regulation conformity on the basis of the results of self ­assessment of production or business organizations or individuals (the first party):

- A technical-regulation conformity announcement document, made according to the form in Appendix XI to this Regulation (not printed herein);

- The general description of products, goods, services, processes or environment (properties, functions and utilities....);

- Testing and calibration results (if any);

- The formulated and implemented production process and quality control plan, made according to the form in Appendix XIII to this Regulation (not printed herein) or a copy of the certificate of conformity with ISO 9001 standard, in case the technical-regulation conformity-announcing organization or individual has its quality management system certified to be conformable with ISO 9001 standard;

- A plan on periodical supervision;

- A report on technical-regulation conformity assessment, enclosed with relevant documents.

2. Within seven working days after receiving a valid dossier of technical-regulation conformity announcement, the agency in charge of managing and receiving dossiers shall notify in writing the technical ­regulation conformity-announcing organization or individual of the receipt of the technical-regulation conformity announcement document, if the dossier of technical-regulation conformity announcement satisfies the requirements defined in Clause 1 of this Article.

  If the dossier of technical-regulation conformity announcement fails to satisfy the requirements specified in Clause 1 of this Article, the agency in charge of managing and receiving dossiers shall notify the announcing organization or individual of improper points or contents or the latter to revise its dossier and make re-registration.

3. Agencies in charge of managing and receiving dossiers of technical-regulation conformity announcement shall keep a register of technical­ regulation conformity announcement for monitoring and management purposes.

Article 20. Responsibilities of technical ­regulation conformity-announcing organizations and individuals

1. To publicize on appropriate means of communication their technical-regulation conformity announcements.

 2. To take responsibility for the conformity of products, goods, services, processes or environment already announced to be conformable with technical regulations; to maintain the quality control, testing and periodical supervision at enterprises.

3. To display technical-regulation conformity marks on products and goods announced to be technical-regulation conformable in accordance with Clause 2, Article 4 of this Regulation before putting these products and goods into circulation.

4. In the course of producing, circulating, transporting and using products, goods, services, processes or environment already announced to be technical regulation-conformable, if detecting their non-conformity with relevant technical regulations:

a) To promptly notify the non-conformity to the agency in charge of managing and receiving technical ­regulation conformity announcement documents;

b) To apply measures to remedy the non­conformity. When necessary, to suspend the production of and withdraw non-conformable products and goods from circulation on the market; to suspend the operation or exploitation of related processes, services or environment;

c) To notify agencies in charge of managing and receiving technical-regulation conformity announcement documents the results of remedying the non-conformity before resuming the use, circulation, exploitation or trading of products, goods, services, processes or environment.

5. To keep dossiers of technical-regulation conformity announcement to serve inspection and examination by state management agencies.

6. To conduct re-announcement when there are any changes in the contents of the registered technical ­regulation conformity assessment documents.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 21. Responsibilities of management  agencies

1. Within the scope of the management domains assigned or decentralized to them, line management ministries and ministerial-level agencies and provincial/municipal People's Committees shall:

a) Make a list of domains and object under their management subject to certification of technical – regulation conformity and publicize on the mass media and their websites the needs for technical – regulation conformity certification for relevant domains or objects specified at this point.

b) Direct and manage activities of technical  regulation conformity certification and announcement under this Regulation;

c) Designate focal agencies to manage technical­ regulation conformity certification and announcement in their assigned domains; to notify the list of designated focal agencies to concerned organizations and individuals and the Ministry of Science and Technology for coordination;

d) To designate technical-regulation conformity certification organizations in accordance with Point b, Clause 6, Article 16 of 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;

dd) To assign the responsibility to receive technical­ regulation conformity announcement documents to relevant provincial-level Services in localities.

e) To publicize the list of designated technical­ regulation certification organizations on websites of relevant agencies and appropriate means of communications for organizations and individuals to select.

2. The Directorate for Standards and Quality shall:

a) Assist the Ministry of Science and Technology in performing the unified management of and guiding the certification of standard conformity, certification of technical regulation conformity, announcement of standard conformity and announcement of technical­ regulation conformity;

b) Coordinate with central focal agencies under ministries and ministerial-level agencies and provincial/municipal Science and Technology Services in urging and guiding the certification of standard conformity, certification of technical­ regulation conformity, announcement of standard conformity and announcement of technical-regulation conformity under this Regulation;

c) Receive registration documents and grant certificates of registration of standard conformity certification activities of conformity certification organizations; make, publicize and widely announce on its website the list of certified standard conformity certification  organizations;

d) Receive dossiers of registration of technical - regulation conformity certification activities of conformity certification organizations in the management domains assigned by the Ministry of Science and Technology;

dd) Assist the Ministry of Science and Technology in designating technical-regulation conformity certification organizations in accordance with Point b, Clause 6, Article 16 of the Government's Decree No. 127/2007/ND-CP of August 1,2007, detailing the implementation of the Law on Standards and Technical Regulations and this Regulation;

e) Manage activities of standard conformity certification and announcement and annually, report the situation of management of standard conformity certification and announcement to the Ministry of Science and Technology;

g) Synthesize and report to the Ministry of Science and Technology lists of products, goods, services, processes and environment under the management of the Ministry of Science and Technology already announced to be standard-conformable, certified to be standard-conformable, announced to be technical regulation-conformable and certified to be technical regulation-conformable and publicize these lists on its website;

3. Designated focal agencies defined at Point b, Clause 1 of this Article shall assist ministries and ministerial-level agencies in:

a) Organizing the designation of technical­ regulation conformity certification organizations and supervise the operation of designated organizations;

b) Supervising and managing the registration of technical-regulation conformity announcement by relevant specialized services in localities

c) Reviewing the situation of technical-regulation conformity certification and announcement and lists of products, goods, processes, services and environment already certified to be technical regulation-conformable and, quarterly or upon request, reporting such to ministries, ministerial-level agencies and the Ministry of Science and Technology.

4. Departments for Standards and Quality under provincial/municipal People's Committees shall:

a) Receive the registration and manage standard conformity announcement documents of production or business organizations and individuals in their localities;

b) Receive the registration and manage technical­ regulation conformity announcement documents for products, goods, services, processes and environment subject to national technical regulations promulgated by the Ministry of Science and Technology;

c) Quarterly or upon being request, synthesize and report to the Directorate for Standards and Quality lists of products, goods, services, processes and environment already registered for standard conformity announcement or technical-regulation conformity announcement prescribed at Points a and b of this Clause.

Article 22. Inspection, examination, and handling of violations

1. Competent state management agencies shall conduct inspection and examination and handle violations committed in the certification of standard conformity, certification of technical-regulation conformity, announcement of standard conformity and announcement of technical-regulation conformity under this Regulation and relevant current regulations

2. Organizations and individuals that violate regulations on certification of standard conformity, certification of technical-regulation conformity, announcement of standard conformity and announcement of technical-regulation conformity shall, depending on the nature and severity of their violations, be handled according to current relevant laws./.

 

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