Decree 13/2022/ND-CP amending Decree 132/2008/ND-CP, Decree 74/2018/ND-CP, detailing the Law on Product and Goods Quality and Decree 86/2012/ND-CP, detailing the Law on Metrology

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, and Decree No. 74/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Product and Goods Quality, and Decree No. 86/2012/ND-CP of October 19, 2012, detailing and guiding the implementation of a number of articles of the Law on Measurement^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

Pursuant to the November 11, 2011 Law on Measurement;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, and Decree No. 74/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Product and Goods Quality, and Decree No. 86/2012/ND-CP of October 19, 2012, detailing and guiding the implementation of a number of articles of the Law on Measurement.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, and Decree No. 74/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Product and Goods Quality

1. To amend and supplement Point k, Clause 7, Article 7 of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality (below referred to as Decree No. 132/2008/ND-CP), which was amended and supplemented under Clause 3, Article 1 of the Government’s Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality (below referred to as Decree No. 74/2018/ND-CP), as follows:

“k/ Raw materials, supplies, sample goods for processing for foreign traders and export production; raw materials for production of goods for domestic consumption and sale to the market in case the goods are subject to quality management under  relevant national technical regulations (except raw materials imported for production of fertilizers, pesticides, animal feeds, aquatic feeds, livestock waste treatment products, aquaculture treatment products, and spare parts, components, assemblies and systems of means of transport which are on the list of group-2 products and goods).”.

2. To amend and supplement Point p, Clause 7, Article 7 of Decree No. 132/2008/ND-CP, which was amended and supplemented under Clause 3, Article 1 of Decree No. 74/2018/ND-CP, as follows:

“p/ Other goods not for commercial purposes (non-commercial goods) under decisions of line ministers.”.

3. To add Section 8  “Management of origin-tracing of products and goods” with Article 19dd to Chapter II of Decree No. 74/2018/ND-CP as follows:

“Section 8

MANAGEMENT OF ORIGIN-TRACING OF PRODUCTS AND GOODS

Article 19dd. State management of origin-tracing of products and goods

 1. The Ministry of Science and Technology shall:

a/ Assist the Government in performing the state management of origin-tracing of products and goods;

b/ Provide guidance on building of technical capacity for origin-tracing of products and goods and provision of support for development of major products and goods and socio-economic development by line ministries and localities;

c/ Promulgate regulations on the origin tracing system, ensuring data connection and sharing;

d/ Manage the use of tracking codes of products, locations, and data carriers;

dd/ Manage the organization and implementation of origin-tracing of products and goods within the scope and in the fields under its management.

2. Line ministries shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, managing the organization and implementation of origin-tracing of products and goods within the scope and in the fields under their management.

3. Provincial-level People’s Committees shall coordinate with line ministries in organizing origin-tracing of products and goods in their localities.

4. Based on management requirements, line ministries shall identify products and goods subject to origin tracing and publicize them on their portals.”.

4. To amend and supplement Point d, Clause 2, Article 32 of Decree No. 132/2008/ND-CP, which was amended and supplemented under Clause 14, Article 1 of Decree No. 74/2018/ND-CP, as follows:

“d/ The Ministry of Construction:

- Civil construction works, industrial works, technical infrastructure works, and outdoor advertising means falling under its state management in accordance with law;

- Construction materials;

- Architecture and construction master plans, including regional construction master plans; urban construction master plans; master plans on construction of rural residential quarters; master plans on construction of industrial parks, economic zones and hi-tech parks; and master plans on construction of important international border gates falling under its state management in accordance with law;

- Technical infrastructure works in urban centers, industrial parks, economic zones and hi-tech parks falling under its state management in accordance with law;

- Machinery, equipment, supplies and substances subject to strict occupational safety and health requirements falling under its management in accordance with the law on occupational safety and health;

- Construction services.”.

5. To amend Point l, Clause 2, Article 32 of Decree No. 132/2008/ND-CP which was amended and supplemented under Clause 14, Article 1 of Decree No. 74/2018/ND-CP, as follows:

“l/ The Ministry of Culture, Sports and Tourism: facilities, equipment and devices for sports training and competition of physical training and sports establishments and of sports of all kinds.”.

6. To amend Point g, Clause 3, Article 32 of Decree No. 132/2008/ND-CP which was amended and supplemented under Clause 14, Article 1 of Decree No. 74/2018/ND-CP, as follows:

“g/ The Ministry of Culture, Sports and Tourism: facilities, equipment and devices for sports training and competition of physical training and sports establishments and of sports of all kinds.”.

7. To add Point h to Clause 3, Article 32 of Decree No. 132/2008/ND-CP, which was amended and supplemented under Clause 14, Article 1 of Decree No. 74/2018/ND-CP, as follows:

“h/ The Ministry of Construction: Outdoor advertising means falling under its state management in accordance with law.”.

Article 2. To annul a number of articles of, and replace a number of forms provided in, Decree No. 132/2008/ND-CP, Decree No. 74/2018/ND-CP and Decree No. 86/2012/ND-CP

1. To annul Clause 2, Article 19b of Decree No. 132/2008/ND-CP, which was amended and supplemented under Clause 9, Article 1 of Decree No. 74/2018/ND-CP.

2. To annul Article 19d of Decree No. 132/2008/ND-CP, which was amended and supplemented under Clause 9, Article 1 of Decree No. 74/2018/ND-CP.

3. To annul Form Nos. 15 thru 18 provided in the Appendix to Decree No. 74/2018/ND-CP.

4. To annul Clause 2, Article 17 of the Government’s Decree No. 86/2012/ND-CP of October 19, 2012, detailing and guiding the implementation of a number of articles of the Law on Measurement.

5. To replace Form Nos. 12 and 14 provided in the Appendix to Decree No. 74/2018/ND-CP with Form Nos. 12 and 14 provided in the Appendix to this Decree.

Article 3. Implementation provisions

1. This Decree takes effect on March 15, 2022.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM