Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government on amending and supplementing a number of articles of 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

DECREE

Amending and supplementing a number of articles of 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^[1]

Pursuant to the June 19, 2015 Law on the Organization of the Government;

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

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, detailing the implementation of a number of articles of the Law on Product and Goods Quality.

Article 1.To amend and supplement a number of articles of 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

1. To amend Article 3 as follows:

“Article 3. Products and goods likely to become unsafe

1. The identification of products and goods likely to become unsafe (group-2 products and goods) shall be based on:

a/ Products’ and goods’ likelihood to become unsafe;

b/ State management requirements and capacity in each period.

2. Products’ and goods’ likelihood to become unsafe shall be determined based on one or all of the following factors:

a/ Chemical, physical or biological nature;

b/ Structure and operation principles;

c/ Process of transportation, storage, preservation and use.

3. Pursuant to Clauses 1 and 2 of this Article, line ministries shall identify group-2 products and goods and HS codes conformable with the list of Vietnam’s imports and exports together with explanations on the selection of group-2 products and goods for the formulation of relevant national technical regulations and measures to control group-2 products and goods under their management as prescribed in Clause 2, Article 32
of this Decree.

4. Line ministries shall coordinate and agree with the Ministry of Science and Technology in identifying group-2 products and goods, formulating relevant national technical regulations and working out measures to control group-2 products and goods that are prescribed in national technical regulations. The formulation of relevant national technical regulations must comply with the law on standards and technical regulations”.

2. To add Point c to Clause 1, and amend Clause 2, Article 4 as follows:

“1. Producers shall abide by requirements on product quality control in production specified in Article 28 of the Law on Product and Goods Quality before putting products on the market and, at the same time, shall:

c/ Comply with Article 19b of this Decree if using codes and barcodes on products and goods or goods or product packaging.

2. For group-2 products, producers shall announce conformity with relevant national technical regulations. The announcement of regulation conformity shall be detailed in relevant national technical regulations based on one of the following measures:

a/ The results of conformity self-assessment by organizations and  individuals;

b/ The results of certification conducted by a registered or accredited certification organization as prescribed by law;

c/ The results of certification conducted by a designated certification organization as prescribed by law.

In case a product subject to the measure specified at Point a or b of this Clause in production is detected to be of poor quality, unsafe to humans, animals, plants, assets or the environment or faces complaints and denunciations about its production activities, a tighter measure shall be applied to the production of such product.

For group-2 products with particular requirements on the production process, line ministries shall promulgate national standards for the production process or specify requirements on the production process in the national technical standards applicable to these products. Producers shall apply national technical regulations relevant to the production process and must have their products certified as conforming with regulations by a registered or accredited certification organization as prescribed by law”.

3. To add Point c to Clause 1; amend Clause 2, Article 7, and add Clauses 2a, 2b, 2c, 6, 7, 8 and 9 to Article 7 as follows:

“1. Importers shall abide by requirements on goods quality control prescribed in Article 34 of the Law on Product and Goods Quality before putting goods on the market and, at the same time shall:

c/ Comply with Article 19b of this Decree if using codes and barcodes on products and goods or goods or product packaging.

2. For imported group-2 products and goods, state inspection of imported goods quality shall be conducted by considering importers’ announcement of regulation conformity. The announcement of regulation conformity shall be detailed in relevant national technical regulations based on one of the following measures:

a/ The results of conformity self-assessment by organizations or individuals;

b/ The results of certification or assessment conducted by a registered or accredited certification or inspection organization as prescribed by law;

c/ The results of certification or assessment conducted by a designated certification or assessment organization as prescribed by law.

2a. For imported group-2 goods, according to national technical regulations stipulating measures to announce regulation conformity at Point a, Clause 2 of this Article, an importer shall:

a/ Register for state inspection of imported goods quality and undertake that the goods quality is conformable with technical regulations and announced applicable standards, made according to Form No. 01 in the Appendix to this Decree, with the product and goods quality inspection agency (below referred to as inspection agency), together with the following documents: copies of the contract and the packing list (if any), copies (certified by the importer) of the bill of lading, invoice, imported goods declaration; the exporting country’s quality certificate (testing results); the certificate of origin (if any), photos or descriptions of the goods with compulsory contents shown on goods labels and supplementary labels (if their primary labels do not have sufficient contents as required); the certificate of free sale (if any). The importer shall take full responsibility before law for their imported goods quality;

b/ Within 1 working day, the inspection agency shall write in the importer’s written registration that he/she has registered for imported goods quality inspection. The importer shall submit his/her written registration certified by the inspection agency to the customs office for carrying out customs clearance procedures for the goods;

c/ Within 15 working days from the date of customs clearance, the importer shall submit conformity self-assessment results to the inspection agency under regulations.

The importer shall take full responsibility for conformity self-assessment results and ensure the conformity of the goods with technical regulations and announced applicable standards. If goods fail to comply with technical regulations and announced applicable standards, the importer shall promptly report to the inspection agency and concurrently dispose of or recall such goods in accordance with law.

2b. For imported group-2 goods, according to national technical regulations stipulating measures to announce regulation conformity at Point b, Clause 2 of this Article, an importer shall:

a/ Register for state inspection of imported goods quality and undertake that the goods quality is conformable with technical regulations and announced applicable standards, made according to Form No. 01 in the Appendix to this Decree, with the inspection agency, together with the documents specified at Point a, Clause 2a of this Article. The importer shall take full responsibility before law for their imported goods quality;

b/ Within 1 working day, the inspection agency shall write in the importer’s written registration that he/she has registered for imported goods quality inspection. The importer shall submit his/her written registration certified by the inspection agency to the customs office for carrying out customs clearance procedures for the goods lot;

c/ Within 15 working days from the date of customs clearance, the importer shall submit to the inspection agency a copy (with his/her/its signature and seal) of the quality certificate (the technical-regulation conformity certificate of the certification organization or the technical-regulation conformity assessment certificate of the assessment organization).

In case the goods have been assessed by the exporting country’s certification organization, within 3 working days from the date of customs clearance, the importer shall submit a copy (signed and sealed by the organization) of the technical-regulation conformity certificate to the inspection agency. The importer shall take full responsibility for and ensure the goods’ conformity with technical regulations and announced applicable standards. If goods fail to comply with technical regulations and announced applicable standards, the importer shall promptly report to the inspection agency and concurrently dispose of or recall such goods in accordance with law.

2c. For imported group-2 goods, according to national technical regulations stipulating measures to announce regulation conformity at Point c, Clause 2 of this Article, an importer shall:

a/ Register state inspection of imported goods quality and commit goods quality conformable with technical regulations and announced applicable standards, made according to Form No. 01 in the Appendix to this Decree, with the inspection agency together with a copy (with the importer’s signature and seal) of the quality certificate and the documents specified at Point a, Clause 2a of this Article;

b/ The inspection agency shall conduct inspection and take handling measures in the following order:

b1/ To receive the importer’s dossier of registration for quality inspection of imported goods, made according to Form No. 02 in the Appendix to this Decree, and write in the importer’s written registration that the latter has registered for imported goods quality inspection.

b2/ To conduct inspection according to the contents specified at Point c of this Clause:

- For complete and valid dossiers, within 1 working day after receiving a dossier of registration for quality inspection, the inspection agency shall issue a notice of imported goods’ satisfaction of quality requirements, made according to Form No. 03 in the Appendix to this Decree, and send it to the importer for carrying out customs clearance procedures for the goods lot;

- For complete but invalid dossiers:

+ If the goods fail to meet labeling requirements, the inspection agency shall issue a notice of imported goods’ non-satisfaction of quality requirements (made according to Form No. 03 in the Appendix to this Decree), clearly stating the unsatisfactory contents, and request the importer to satisfy the labeling requirements within 5 working days. The inspection agency shall issue a notice of imported goods lot’s satisfaction of quality requirements after the importer proves to have satisfied the requirements;

+ If the imported goods quality certificate is inconsistent with the dossier of the imported goods lot or unconformable with announced applicable standards or relevant technical regulations, the inspection agency shall issue a notice of imported goods’ non-satisfaction of quality requirements, made according to Form No. 03 in the Appendix to this Decree, clearly stating the unsatisfactory contents, and send it to the customs office and importer and, at the same time, send a report to the competent management agency for handling in accordance with Clause 2, Article 8 of this Decree;

- For incomplete dossiers, the inspection agency shall write the insufficient components of the dossier in the dossier receipt slip and request the importer to supplement and complete the dossier within 15 working days. Past this time limit, if still failing to supplement the dossier, the importer shall send an official letter to the inspection agency, clearly stating the reason and the time for completing the dossier. Subsequent inspection steps may be taken after the importer completes the dossier.

If the importer fails to complete the dossier within the prescribed time limit, on the working day following the expiration of this time limit, the inspection agency shall issue a notice of the results of state inspection of imported goods quality, made according to Form No. 03 in the Appendix to this Decree, stating that “The goods lot has an incomplete dossier”, and send it to the importer and the customs office and, at the same time, assume the prime responsibility for, and coordinate with the related inspection agency in, conducting an extraordinary inspection of the goods quality at the importer’s premises.

c/ Contents of imported goods quality inspection: inspection agencies shall inspect:

c1/ The completeness of dossiers of registration for quality inspection of imported goods;

c2/ The results of conformity assessment, conformity marks, goods labels (for goods subject to labeling) and accompanied documents of products and goods subject to inspection:

- To inspect the conformity of the quality certificates of imported goods lots with technical regulations and announced applicable standards and current regulations; to inspect the accuracy and completeness of information in the dossiers;

- To inspect compulsory contents on the specimen labels (and supplementary labels), including appellations of the goods, names and addresses of organizations and individuals responsible for the goods; origin of the goods and other details required for each kind of goods; conformity of the specimen labels with the goods import dossier;

- To inspect the position, color and size of and language used in the labels;

- To inspect the direct presentation of conformity marks on the products or goods or on their packages or labels;

c3/ The written approval as required by line ministries for imported goods of group 2 and goods which have new characteristics and are likely unsafe but not yet mentioned in relevant technical regulations.

6. For an importer registering for quality inspection on the Vietnam National Single Window, he/she shall register for quality inspection and result notification via the Vietnam National Single Window.

In case the imported goods subject to the measures specified at Point 2a or 2b of this Clause are detected to be of poor quality, causing unsafety to humans, animals, plants, asset or the environment or faces complaints and denunciations about production or import activities, a tighter inspection measure shall be applied to such imported goods.

7. Group-2 products and goods exempted from imported quality inspection include:

a/ Luggage of persons on entry, personal effects of organizations and individuals within duty-free allowances (excluding motor vehicles, special motorbikes, and electric bikes);

b/ Goods of diplomatic organizations and diplomats, and international organizations within duty-free allowances (excluding motor vehicles, special motorbikes, and electric bikes);

c/ Goods samples for advertisement not for use; sample goods for scientific and production research; goods samples for testing to serve inspection and certify conformity with national technical regulations and for inter-laboratory testing;

d/ Temporarily imported goods for display and introduction at trade fairs and exhibitions (excluding motor vehicles, special motorbikes, and electric bikes);

dd/ Goods being gifts within duty-free allowances (excluding motor vehicles, special motorbikes, and electric bikes);

e/ Goods traded by border residents within duty-free allowances;

g/ Goods, supplies, equipment and machinery temporarily imported for re-export without being consumed in Vietnam (excluding motor vehicles, special motorbikes, and electric bikes);

h/ Goods in transit or border-gate transfer or transshipped goods;

i/ Goods taken from abroad into bonded warehouses (other than goods brought from bonded warehouses into the country for sale);

k/ Materials, supplies, sample goods to be processed for foreign traders and export production;

l/ Duty-free goods sold to passengers on exit (managed under the regime of temporary import for re-export);

m/ Re-imported goods for repair or reprocessing at the request of foreign partners;

n/ Imported goods to meet emergency demands under the instruction of the Government or Prime Minister;

o/ Imported goods exclusively used for national defense and security purposes;

p/ Other goods not for commercial purposes (non-commercial goods) in accordance with law.

8. Application of the measure of exemption from inspection for imported goods

a/ For imported goods (excluding vehicles) which have the same appellations, utilities, labels, types and technical specifications, are of the same manufacturer or origin or of the same importer, if, after 3 consecutive times of importation, they have been assessed as conformable with relevant national technical regulations, the inspection agency shall issue a written certification on exemption from quality state inspection within 2 years, containing such information as goods appellation, label, type; technical specifications; origin, manufacturer; import quantity and volume as registered; and unit of calculations;

To be exempt from quality inspection for imported goods, the importer shall make a written request for inspection exemption, stating the goods appellation, label, type; technical specifications; origin, manufacturer; import quantity and volume as registered; unit of calculation; and results of assessment of conformity with relevant national technical regulations for three consecutive times of importation.

b/ During the period of exemption from state inspection for imported goods quality:

- Every 3 months, the importer shall submit a report on import activities, enclosed with the result of assessment of conformity with the relevant national technical regulations or announced applicable standards, to the inspection agency for monitoring and post-inspection.

- The inspection agency may carry out an extraordinary inspection of the imported goods lot upon detection of or receipt of complaints or denunciations about the quality of imported goods (if necessary).

c/ During the period of exemption from inspection, if imported goods circulated on the market are detected to be unconformable with relevant national technical regulations or announced applicable standard or when there is a complaint or denunciation about conformity assessment results and it is verified as grounded or the extraordinary inspection shows that conformity assessment result of the import lot is unsatisfactory, the inspection agency shall issue a written notice to cease the exemption from inspection.

Annually, the inspection agency shall carry out inspections at goods storage facilities of the importer. The Ministry of Science and Technology shall prescribe the order and contents of inspection of product and goods quality in production.

9. State inspection of imported goods quality is the responsibility of agencies assigned or decentralized to perform the state control of the quality of products and goods under line ministries and specialized agencies of provincial-level People’s Committees; the announcement of regulation conformity must comply with the law on standards and technical regulations”.

4. To amend Clause 2, Article 12 as follows:

“2. Based on the approved extraordinary inspection plans or under competent state agencies’ direction, the inspection agency shall carry out inspection of the quality of marketed goods as follows:

a/ Inspecting the compliance with the law on production and goods quality;

b/ After conducting inspection under Point a of this Clause, if detecting signs of poor quality, taking samples for testing at a conformity assessment organization to examine the conformity of goods with announced applicable standards or relevant technical regulations. Conformity assessment organizations shall work in an independent and objective manner and take responsibility before law for their assessment results.”

5. To amend Clause 3, Article 13 as follows:

“3. When detecting a violation subject to administrative sanction, the head of the examination team shall make a minutes of administrative violations for handling within its competence; if such violation falls beyond his/her competence, the head of the examination team shall transfer the dossier to and propose the inspection agency to handle such violation in accordance with the law on handling of administrative violations. If such violation falls beyond its competence, the inspection agency shall transfer the dossier and propose the competent agency to handle the violation. The agency competent to handle such violation shall notify the handling result to the examination agency for monitoring.”

6. To add Articles 13a and 13b as follows:

“Article 13a. Responsibilities of organizations and individuals producing and trading in products or goods circulated on the market

1. Products and goods circulated on the market shall be ensured not to become unsafe to humans, animals, plants, assets or the environment.

2. If products and goods circulated on the market are detected to be non-conformable with safety requirements prescribed by relevant standards and technical regulations or to be likely to become unsafe to humans, animals, plants, assets or the environment, organizations and individuals shall handle and recall such products and goods and comply with requests of competent state management agencies.

Article 13b. Determination of the value of sold products or goods in violation

1. The quantity of sold products or goods means the total quantity of products or goods stated in invoices and documents in the last time of importation prior to inspection minus the quantity of unsold products or goods in violation.

2. The value of sold products or goods in violation means the unit price of such products or goods that are sold upon detection of the violation multiplied by the quantity of sold products or goods in violation.

3. The Ministry of Science and Technology shall issue detailed regulations on the determination of the value of sold products or goods in violation defined in Clauses 1 and 2 of this Article”.

7. To amend Article 17 as follows:

“Article 17. Conformity assessment organizations and registration of conformity assessment operations

1. Conformity assessment organizations may provide services on the Vietnamese territory if they meet the conditions prescribed in Clause 5, Article 25 of the Law on Product and Goods Quality and the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services (below referred to as Decree No. 107/2016/ND-CP) and have the rights specified in Article 19 of the Law on Product and Goods Quality.

2. The registration of operations of conformity assessment organizations must comply with Decree No. 107/2016/ND-CP.”

8. To amend Article 18 and add Articles 18a, 18b, 18c, 18d, 18 dd, 18e and 18g as follows:

“Article 18. Designation of conformity assessment organizations and recognition of conformity assessment results

1. Conformity assessment organizations which have registered their operation under Article 17 of this Decree may participate in conformity assessment for group-2 products and goods specified at Points a and b, Clause 2, Article 4, and Points a and b, Clause 2 of Article 7, of this Decree.

2. Conformity assessment organizations designated by competent state agencies may participate in conformity assessment for group-2 products and goods specified in Clause 2, Article 4, and Clause 2, Article 7, of this Decree.

3. Line ministries and provincial-level People’s Committees shall designate conformity assessment organizations to conduct testing, assessment, certification and inspection referred to in Clause 2 of this Article for products and goods in their assigned sectors, fields or localities.

4. Line ministries and provincial-level People’s Committees shall make public the lists of designated and registered conformity assessment organizations and conformity assessment organizations with conformity assessment results recognized under Clause 2, Article 26 of the Law on Product and Goods Quality for selection and use by concerned agencies, organizations and individuals.

Article 18a. Conditions for designation of conformity assessment organizations

1. Conditions on a designated testing organization

a/ Possessing a certificate of registration of testing operations, specifying the testing area registered for designation, under Decree No. 107/2016/ND-CP;

b/ Conducting proficiency testing or inter-laboratory comparison for testing methods of products and goods registered for designation.

For test methods it fails to have the conditions for proficiency testing or inter-laboratory comparison, the designated testing organization shall supplement the dossier of testing methods and certify the use value of testing methods and standard substances to control test quality.

2. Conditions on a designated inspection, assessment and certification organization

Possessing a certificate of registration of inspection, assessment or certification operations, specifying the inspection, assessment or certification area registered for designation, under Decree No. 107/2016/ND-CP.

Article 18b. Dossiers of registration for designation

1. For first-time designation, a dossier must comprise:

a/ A written registration for designation for conformity assessment, made according to Form No. 04 in the Appendix to this Decree;

b/ A copy of the certificate of registration for testing, assessment, inspection or certification operations;

c/ A list of testers, assessors, inspectors and assessment experts, made according to Form No. 05 in the Appendix to this Decree, with professional training certificates;

d/ A list of technical documents and standards and relevant testing, assessment, inspection and certification processes and procedures, made according to Form No. 06 in the Appendix to this Decree, together with copies of the documents on these processes and procedures corresponding to products, goods, process and environment registered for designation;

dd/ A list of machinery and equipment serving testing operations for areas of registration for designation (for testing and inspection organizations), made according to Form No. 07 in the Appendix to this Decree, together with copies of their valid inspection or calibration certificates;

e/ A copy of the testing, inspection, assessment or certification accreditation certificate (if any) granted by a legal accreditation organization (if any);

g/ A copy of results of proficiency testing or inter-laboratory comparison for testing methods of products and goods that have registered for designation (for testing organizations).

For testing methods for which the conditions for proficiency testing or inter-laboratory comparison are insufficient, it is required to supplement the dossier of testing methods and certification of the use value of testing methods and standard substances to control test quality.

In case a conformity assessment organization submits concurrently a dossier of registration for operation (under the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services) and a dossier of registration for designation, the components of the dossier specified at Points b, c, d, dd and e of this Clause are not required.

2. For change or addition of the designated scope or field, a dossier must comprise:

a/ A written request for change or addition of the designated scope or field, made according to Form No. 09 in the Appendix to this Decree;

b/ A copy of the testing, assessment, inspection or certification registration certificate; a copy of the decision on designation of the conformity assessment organization;

c/ A list of testers, assessors, inspectors and assessment experts for the scope or field registered for change or addition, made according to Form No. 05 in the Appendix to this Decree, together with copies of their professional training certificates;

d/ A list of technical documents, standards and testing, assessment, inspection and certification  processes corresponding to the scope or field registered for change or addition, made according to Form No. 06 in the Appendix to this Decree, together with copies of the documents on relevant testing, assessment, inspection and certification processes and procedures;

dd/ A list of machinery and equipment serving testing operations for the scope or field registered for change or addition (for testing and inspection organizations), made according to Form No. 7 in the Appendix to this Decree, together with copies of their valid inspection, calibration or testing certificates;

e/ A copy of the testing, assessment, inspection or certification accreditation certificate (if any) granted by a lawful accreditation organization for the scope or field registered for change or addition;

g/ A copy of proficiency testing or inter-laboratory comparison result slip for testing methods of products and goods registered for modification or addition (for testing organizations).

For testing methods for which the conditions for proficiency testing or inter-laboratory comparison are insufficient, it is required to supplement the dossier of testing methods and certification the use value of testing methods and standard substances to control test quality.

3. For re-grant of a valid designation decision of a conformity assessment organization in case it is lost or damaged or the organization’s name or address is changed or the scope of its designation is narrowed, a dossier must comprise:

a/ A written request for re-grant of a designation decision, made according to Form No. 10 in the Appendix to this Decree;

b/ The damaged designation decision (in case the designation decision is damaged).

4. Ninety days before the expiry date of the designation decision, if wishing to continue its designation operations, the conformity assessment organization shall make a dossier similar to that for first-time designation prescribed in Clause 1 of this Article. For a designated testing organization, a dossier of registration for designation must include a document proving that it has participated in the proficiency testing or inter-laboratory comparison program at least once for the designated testing area.

Article 18c. Methods of dossier submission

If wishing to take part in testing, assessment, inspection or certification operations to serve state management in specific fields, a conformity assessment organization shall make a dossier of registration for designation and send it to the line ministry or provincial-level People’s Committee concerned (below referred to as designation agency) as follows:

1. In case of direct submission, uncertified copies of the certificates and documents specified in Article 18b of this Decree shall be accompanied by the originals for comparison;

2. In case of submission by post, certified copies or copies (signed and sealed by the organization) of the certificates and documents specified in Article 18b of this Decree are required.

Article 18d. Order of and procedures for designation

1. For first-time designation and change and addition or the scope and field of designation:

a/ If the dossier is incomplete and invalid as prescribed, within 3 working days after receiving it, the designation agency shall request in writing the conformity assessment organization to modify and supplement the dossier;

b/ Within 20 days after receiving a valid dossier, the designation agency shall send experts or form an assessment team to assess the actual capacity of the conformity assessment organization. The on-site assessment contents are specified at Point c of this Clause.

For change or addition of designation, if the dossier is valid and complete, the designation agency shall examine the dossier and not conduct an assessment of the actual capacity. If the dossier is complete but contains inappropriate contents or receiving requests of competent state agencies or information or reports on signs of violation relating to the dossier, the designation agency shall conduct an on-site assessment of the actual capacity at the conformity assessment organization.

The on-site actual capacity assessment at the conformity assessment organization shall be notified in writing to the conformity assessment organization that has submitted its registration dossier. Experts or members of the capacity assessment team must be trained in the quality management system corresponding to each type of conformity assessment organization registering for designation. Experts or the assessment team formed by the designation agency shall sign the minutes of the on-site assessment at the end of the assessment.

If the conformity assessment organization is required to remedy the problems stated in the minutes of on-site assessment, within 30 days, the conformity assessment organization shall send a report on remedies to the designation agency. In case it needs more time to remedy such problems, the conformity assessment organization shall make a written report to the designation agency, clearly stating the deadline for the remedy.

If the conformity assessment organization satisfies the prescribed requirements, within 5 working days after receiving a report on results of remedies taken as stated in the minutes of on-site assessment, the designation agency shall issue a designation decision to the conformity assessment organization, made according to Form No. 8 in the Appendix to this Decree. Based on the actual capacity of the conformity assessment organization, the designation agency shall decide on the validity duration of its decision, which must not exceed 5 years from the date of its signing.

In case of refusal to grant a decision, the designation agency shall notify such in writing to the conformity assessment organization, clearly stating the reason.

c/ Contents of on-site assessment:

- The compliance with the law in the field of registration for designation by the conformity assessment organization;

- The accuracy of the registration dossier;

- Other fields related to the registration field.

Expenses for assessment activities of experts or the assessment team shall be paid by the conformity assessment organization registering for designation.

2. For the re-issuance of a designation decision:

Within the validity duration of the designation decision, a conformity assessment organization wishing for the re-issuance of the designation decision shall make 1 dossier of application for re-issuance as prescribed in Article 18b of this Decree and send it to the designation agency.

Within 5 working days after receiving a complete and valid dossier, the designation agency shall consider and re-issue a designation decision. If the requesting conformity assessment organization fails to satisfy the requirements, the designation agency shall reply in writing, clearly stating the reason.

Article 18dd. Responsibilities of line ministries and provincial-level People’s Committees

1. To direct and manage conformity assessment organizations designated under this Decree.

2. To receive and process dossiers of registration for designation and issue decisions on designation of conformity assessment organizations serving the inspection and examination of products and goods prescribed in relevant technical regulations promulgated by line ministries or relevant legal documents.

3. Within 5 working days after issuing a designation decision, to post publicly on their portals the list of designated conformity assessment organizations for inspection and examination agencies as well as organizations and individuals to select and use, and to report it to the Ministry of Science and Technology for monitoring and summarization.

4. To inspect the operations of designated conformity assessment organizations in accordance with law.

5. In December every year or upon request, to send a report on designation of conformity assessment organizations to the Ministry of Science and Technology for summarization and report to the Prime Minister.

Article 18e. Responsibilities of designated conformity assessment organizations

1. To exercise the rights and perform the obligations under Articles 19 and 20 of the Law on Product and Goods Quality. If violating this Decree or Article 20 of the Law on Product and Goods Quality, depending on the nature and severity of violations, to be handled in accordance with law.

For a designated testing organization, within the validity duration of the designation decision, to participate in the proficiency testing or inter-laboratory comparison program at least once in the designated scope of testing and products and goods.

2. On December 15 every year or upon request, to send reports on designated conformity assessment results, made according to Form No. 11 in the Appendix to this Decree, to the designation agency for summarization.

3. Within 15 days after having any changes affecting their designated testing, assessment, inspection and certification capacity, to report them to the designation agency.

Article 18g. Revocation of decisions on designation of conformity assessment organizations

A line ministry shall consider and decide on revocation of the designation decision of a conformity assessment organization that:

1. Repeatedly violates Clause 6, Article 8, and Article 20, of the Law on Product and Goods Quality, and this Decree.

2. Fails to fulfill its responsibilities specified in Article 18e of this Decree for 2 consecutive years.

3. Fails to satisfy one of the conditions on conformity assessment organizations specified in Article 18a of this Decree.

4. Forges or makes false declarations in documents in the dossier of registration for designation; issues sham conformity assessment results.

5. Tampers with the granted designation decision to alter its content.

6. Fails to redress its violations as required by inspection or examination agencies.”

9. To add Section 7 to Chapter II “State management of codes and barcodes” and add Articles 19a, 19b, 19c and 19d in Section 7 as follows:

“Section 7

CODES, BARCODES AND CODE AND BARCODE MANAGEMENT

Article 19a. Assignment of state management of codes and barcodes

1. The Ministry of Science and Technology shall assist the Government in performing the unified state management of codes, barcodes and code and barcode technologies with the following tasks and powers:

a/ To formulate strategies, programs, schemes, projects, standards, regulations and legal documents on codes and barcodes;

b/ To guide ministries, sectors, provincial-level People’s Committees and related organizations and individuals in applying codes and barcodes.

2. The Directorate for Standards, Metrology and Quality shall act as the standing body to assist the Ministry of Science and Technology in performing the state management of codes and barcodes and have the following tasks and powers:

a/ To guide the application of codes and barcodes, organize and promote the application of codes and barcodes according to the GS1 Standards;

b/ To issue and manage GS1 codes and barcodes; to manage and provide services authorized by the GS1; to exploit resources and national code and barcode database;

c/ To represent Vietnam at the GS1 and implement international cooperation on codes and barcodes;

d/ To collect, manage and use code and barcode charges in accordance with law;

dd/ To study the development of the application and provision of services and solutions on codes and barcodes and other related technologies;

e/ To assume the prime responsibility for inspecting, handling and settling complaints and denunciations about codes and barcodes.

3. Ministries, sectors and provincial-level People’s Committees shall coordinate with the Ministry of Science and Technology in applying codes and barcodes within their assigned management scopes.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and related agencies in, formulating regulations on and guiding the collection, management and use of code and barcode charges and fees.

Article 19b. Responsibilities of code and barcode users

1. For an organization using codes and barcodes according to the GS1 Standards and containing Vietnam national code prefix number “893”:

a/ To register the use of codes and barcodes with competent state management agencies;

b/ To create and place codes and barcodes on objects under the organization’s ownership under regulations;

c/ To declare, update and provide information on organizations and objects using codes and barcodes to competent state management agencies and related parties in the supply chain;

d/ To bear responsibility for the uniqueness of used codes and barcodes and not to trade in products or goods with poor code or barcode quality as prescribed by law;

dd/ Not to sell or transfer the right to use codes or barcodes to other organizations;

e/ A written authorization is required for authorizing joint venture partners or processing parties to use codes and barcodes;

g/ To pay a fee for being granted the right to use codes and barcodes and keeping such right under regulations;

h/ To register for the grant or re-grant of the certificate of code and barcode use right;

i/ To notify in writing and return the code and barcode use right certificates to competent state management agencies when it no longer wishes to use codes or barcodes or terminates its operation.

2. For an organization operating in the Vietnamese territory that uses foreign codes according to the GS1 Standards:

a/ To be licensed by the competent foreign agency or authorized by the foreign code owner;

b/ If authorized by the foreign code owner to use its foreign code, to notify the competent state management agency thereof for certification.

3. For an organization using codes or barcodes which are not up to the GS1 standards:

a/ To comply with standards and technical regulations on codes and barcodes being used;

b/ When objects using codes and barcodes are brought to the market or outside the premises of the organization, to ensure such codes or barcodes are not identical with and do not cause confusion with other types of codes or barcodes according to the GS1 standards; to issue warnings or instructions to distinguish these objects or remove these codes or barcodes before putting the objects on the market.

4. For product and goods distributors and traders:

a/ To examine and control the quality and validity of codes and barcodes on goods before they are circulated on the market;

b/ To refrain from distributing and trading products and goods or objects using codes and barcodes in contravention with law.

5. For organizations and individuals developing and providing code and barcode services, solutions and applications:

a/ To ensure the use of sources of data on objects using codes and barcodes is correct and appropriate for sources of data on codes and barcodes of competent state management agencies or the GS1;

b/ Not to publicize incorrect information on owners of or objects of codes or bar codes that have complied with regulations;

c/ If exploiting or using the national source of data on codes and barcodes, to pay use costs.

6. The Ministry of Science and Technology shall guide in detail the use of codes and barcodes prescribed in this Article.

Article 19c. Procedures for granting code and barcode use right certificates

1. Dossiers:

a/ For grant of a code and barcode use right certificate, a dossier must comprise:

- A written registration for use of codes and barcodes, made according to Form No. 12 in the Appendix to this Decree;

- A copy of the enterprise registration certificate, investment registration certificate or establishment decision.

b/ For re-grant of a certificate, a dossier must comprise:

- A written request for re-grant of the certificate, made according to Form No. 13 in the Appendix to this Decree;

- A copy of the enterprise registration certificate, investment registration certificate or establishment decision, if there is any change in the name or address;

- The original certificate (unless it is lost).

2. Methods of dossier submission:

An organization or individual wishing to perform code and barcode procedures shall make a dossier as prescribed in Clause 1 of this Article and submit it directly or by post to the standing agency for codes and barcodes. If sending the dossier directly to the standing agency, the originals are required for comparison. If sending the dossier by post, certified copies or signed and stamped duplicates of the originals are required.

3. Order of settlement of procedures:

a/ For grant of a new certificate:

If the dossier is incomplete as prescribed, within 5 working days after receiving it, the standing agency for codes and barcodes shall notify such to the applicant for completion of the dossier;

If the dossier is complete and valid and the applicant has paid all prescribed charges, within 20 days after receiving it, the standing agency for codes and barcodes shall grant a certificate, made according to Form No. 14 in the Appendix to this Decree;

The validity duration of a certificate is 3 years at most, starting from the date of its grant.

b/ For re-grant of a certificate:

A valid certificate may be re-granted if it is lost or damaged or the name or address of the applicant is changed;

Within 15 working days after receiving a complete and valid dossier, the standing agency for codes and barcodes shall re-grant a certificate to the applicant. In case of ineligibility for re-grant, the standing agency for codes and barcodes shall notify such in writing, clearly stating the reason;

The validity duration of a re-granted certificate is the same as that of the original one.

Article 19d. Procedures for certification of the use of foreign codes or authorization to use codes and barcodes

1. A dossier must comprise:

a/ A written request for certification of the use of foreign codes or authorization to use codes and barcodes, made according to Form No. 15 or Form No. 16 in the Appendix to this Decree;

b/ For the certification of the use of foreign codes: a copy of the foreign partner’s authorization to use codes and barcodes in the form of a letter, an authorization contract and evidence of the authorizing agency that legally owns authorized codes, the list of products corresponding to authorized codes…;

c/ For the certification of authorization to use codes and barcodes: a copy of the contract or letter of authorization to use codes and barcodes together with the list of products corresponding to authorized codes.

2. Methods of dossier submission:

An organization or individual requesting certification of the use of foreign codes or authorization to use codes and barcodes shall make a dossier as prescribed in Clause 1 of this Article and submit it directly or by post to the standing agency for codes and barcodes. If sending the dossier directly to the standing agency, the originals for comparison are required. If sending the dossier by post, certified copies or signed and stamped duplicates of the originals are required.

3. Order of grant of a foreign code use certificate and authorization to use codes, barcodes:

a/ If the dossier is incomplete as prescribed, within 5 working days after receiving it, the standing agency for codes and barcodes shall notify such to the applicant for completion of the dossier;

b/ If the dossier is complete and valid and the applicant has paid all prescribed charges, within 20 days after receiving it, the standing agency for codes and barcodes shall grant a foreign code use certificate or certificate of authorization to use codes and barcodes to the applicant, made according to Form No. 17 or Form No. 18 in the Appendix to this Decree.”.

10. To amend Point b, Clause 1, Article 21 as follows:

“b/ According to Clause 2, Article 70 of the Law on Product and Goods Quality and Clause 3, Article 32 of this Decree, for imported goods, exported goods and marketed goods and goods on the list in Article 15 of this Decree and the Law on Food Safety.”

11. To amend Clause 2 and annul Clause 3, Article 22 on quality controllers as follows:

“2. Titles, rank codes and criteria on professional qualifications for product and goods quality controllers shall be prescribed by the Ministry of Science and Technology after reaching agreement with the Ministry of Home Affairs.”

12. To amend Articles 25, 27, 28, 29 and 30 and add Article 27a, 27b, 27c and 30a on national quality prizes as follows:

“Article 25. Prizes

“1. The national quality prizes include:

a/ The national quality gold prize;

b/ The national quality prize.

2. Awarded organizations and enterprises shall be given national quality prize trophies together with the Ministry of Science and Technology’s certificates.

3. The Ministry of Science and Technology shall consider and select the 20 best outstanding enterprises that have been awarded the national quality gold prize to propose to the Prime Minister for grant of certificates of merit in recognition of their excellent achievements in raising productivity and product and goods quality.

Article 27. Criteria for selection of prize winners

1. The award of national quality prizes shall be assessed according to the following criteria:

a/ The role of leaders;

b/ Operation strategies;

c/ Customer- and market-oriented policies;

d/ Knowledge measurement, analysis and management;

dd/ Human resources management;

e/ Management of the operation process;

g/ Operation results.

2. The maximum points of the above seven criteria is 1,000.

3. The national quality prizes shall be awarded to organizations and enterprises with 600 or more points. The national quality gold prize shall be awarded to organizations and enterprises with 800 or more points.

Article 27a. Prize management and administration agency

1. The Ministry of Science and Technology assisting the Government in performing the unified state management of quality prizes shall perform its following tasks and powers:

a/ To organize the award of national quality prizes;

b/ To report to the Prime Minister on the organization and the award of the annual national quality prizes;

c/ To ensure funds for the organization and activities of the annual national quality prizes taken from science and technology funding sources;

d/ To inspect, and settle complaints and denunciations about the consideration and award of national quality prizes;

dd/ To propose the Prime Minister to withdraw the national quality prizes already awarded to organizations or enterprises due to their violations of law during the consideration and award of the prizes or after the award;

e/ To coordinate with the ministries, sectors and provincial-level People’s Committees in reaching agreement on awarding national quality prizes to eligible organizations and enterprises, organizing of the award of national quality prizes and connecting national quality prizes with other national programs approved by the Prime Minister to support organizations and enterprises participating in the assessment and winning prizes;

g/ To assume the prime responsibility for international cooperation on quality prizes; to represent Vietnam in international and regional organizations related to quality prizes;

h/ To assume the prime responsibility for, and coordinate with Vietnam Television, the Voice of Vietnam, the Vietnam News Agency, the Government Portal, the Vietnam Chamber of Commerce and Industry and central and local mass media in, disseminating information on national quality prizes;

i/ To perform other tasks and powers related to national quality prizes in accordance with law.

2. The national quality prize’s standing body being the Directorate for Standards and Quality shall perform the following tasks and powers:

a/ To propose domestic and international cooperation programs and projects on the national quality prizes to the Ministry of Science and Technology;

b/ To assume the prime responsibility for, and coordinate with related organizations in, implementing activities of national quality prizes;

c/ To develop detailed contents for each criterion and methods of grading of each detailed content of each criterion prescribed in Article 27 of this Decree; to prepare, and guide the implementation of, professional documents on national quality prizes;

d/ To put forth the list of the national council members to the Minister of Science and Technology for decision;

dd/ To coordinate with the national council in performing the tasks specified in Clause 2, Article 27c of this Decree; to organize the collection of opinions from ministries, sectors and provincial-level People’s Committees on the consideration and award of national quality prizes;

e/ To form local pre-qualification councils;

g/ To organize professional training on national quality prizes for members of pre-qualification councils, assessment experts and participants in the award of national quality prizes;

h/ To disseminate public information on national quality prizes;

i/ To organize annual ceremonies to award national quality prizes;

k/ To implement international cooperation on quality prizes; to represent Vietnam to participate in regional and international quality prizes as designated by competent state agencies; to nominate organizations and enterprises awarded with the national quality gold prize for participation in the award of regional and international quality prizes;

l/ To settle complaints and denunciations about national quality prizes; to report and propose the Minister of Science and Technology to handle violations of national quality prizes committed by other related organizations, enterprises and individuals.

3. Ministries and sectors shall perform the following tasks and powers:

a/ To organize the activities of the annual national quality prize under the management of the Ministry of Science and Technology according to its plan;

b/ To propose tasks, plans and programs on national quality prizes at ministries and sectors and report annual activities to the Ministry of Science and Technology;

c/ To form ministerial-level and sectoral-level pre-qualification councils after reaching agreement with the Ministry of Science and Technology;

d/ To direct ministerial-level and sectoral-level pre-qualification councils to consider and evaluate participating organizations and enterprises and propose the list of eligible prize winners to the national council;

dd/ To disseminate public information on and guide organizations and enterprises registering to participate in the award of the national quality prize at ministerial-level and sectoral-level pre-qualification councils.

4. Provincial-level People’s Committees that assume the prime responsibility for, and implement activities of the national quality prize in localities shall:

a/ Organize the activities of the annual national quality prize in localities under the plan of the Ministry of Science and Technology;

b/ Ensure funds for the organization and activities of the annual national quality prize taken from the local science and technology funding sources;

c/ Propose tasks, plans and programs on national quality prizes in localities and report annual activities to the Ministry of Science and Technology;

d/ Direct local pre-qualification councils to consider and evaluate participating organizations and enterprises and propose the list of eligible prize winners to the national council;

dd/ Provide public information about and guide organizations and enterprises to participate in the national quality prize in localities.

Article 27b. Pre-qualification councils

1. Pre-qualification councils include:

a/ A local pre-qualification council, which shall be formed under decision of the national quality prize’s standing body at the proposal of the director of a provincial-level Department of Science and Technology;

b/ A ministerial-level or sectoral-level pre-qualification council, which shall be formed by a ministry or sector after reaching agreement with the Ministry of Science and Technology.

A pre-qualification council must consist of between 7 and 11 members, including the chairman, a vice chairman and members. Members of a local pre-qualification council must be representatives of local departments and sectors and related organizations. Members of a ministerial-level or sectoral-level pre-qualification council must be representatives of specialized units of related ministries, sectors and organizations, who are knowledgeable about quality management and thoroughly understand criteria and requirements of the national quality prizes.

2. A pre-qualification council shall:

a/ Receive applications and dossiers of participation in the national quality prize of organizations and enterprises;

b/ Consider and evaluate dossiers and conduct on-site evaluation of participating organizations and enterprises;

c/ Make an evaluation dossier and propose to the national council a list of organizations and enterprises proposed to be awarded the national quality prize;

d/ To notify in writing the evaluation results and other feedback to organizations and enterprises after obtaining the evaluation results.

Article 27c. The national council

1. The national council shall be formed under decision of the Ministry of Science and Technology at the proposal of the national quality prize’s standing body. The national council shall be composed of between 15 and 19 members, including the chairman, a vice chairman and members. Council members must be representatives of related ministries, sectors, agencies and organizations who are knowledgeable about quality management and thoroughly understand criteria and requirements of the national quality prizes.

2. A national council shall:

a/ Propose the Ministry of Science and Technology programs on activities of the national quality prize;

b/ Consider, evaluate and appraise dossiers of pre-qualification councils;

c/ Conduct on-site evaluations at participating organizations and enterprises when necessary;

d/ Propose the list of eligible organizations and enterprises to the Ministry of Science and Technology for consideration, propose the Prime Minister to award national quality prizes and the prime minister certificates of merit.

Article 28. Process and dossier for selection of prize winners

1. Registration for the prize

Organizations and enterprises shall register for the national quality prize with the pre-qualification councils of the localities where they register their production and business activities. Organizations and enterprises under specialized management fields of ministries and sectors may register for the national quality prize with the ministerial-level or sectoral-level pre-qualification councils. A dossier submitted to a pre-qualification council must comprise:

a/ A written request for participation in the national quality prize, made according to Form No. 19 in the Appendix to this Decree;

b/ An introduction report on the organization or enterprise;

c/ A self-assessment report according to the seven criteria of the national quality prize;

d/ Copies of proofs of the application of the advanced quality management system (signed and sealed by the organization or enterprise) and relevant certificates or documents;

dd/ Copies of documents proving the conformity of products and goods with relevant standards and technical regulations (signed and sealed by the organization or enterprise);

e/ Copies of the environmental impact assessment report or the approved environmental protection plan and annual observation results or periodical environmental serveillance report in accordance with law for the last 3 years (signed and sealed by the organization or enterprise);

g/ Certification of the results of tax obligation fulfillment to the State and provision of social insurance benefits for laborers every year for the last 3 years (copies of the originals signed and sealed by the organization or enterprise);

h/ Copies signed and sealed by the organization or enterprise of the original document showing its production and business results in the last 3 years (if any).

2. Process of selection of prize winners at pre-qualification councils

Pre-qualification councils shall evaluate participating organizations and enterprises in two steps: evaluation of dossiers and on-site evaluation. Based on the evaluation results, the councils shall decide on the list of eligible organizations and enterprises proposed to be awarded the national quality prizes and send relevant dossiers to the national council via the national quality prize’s standing body.

A dossier of a pre-qualification council must comprise:

a/ Dossiers of participating organizations and enterprises as specified in Clause 1, Article 28 of this Decree;

b/ The consideration and evaluation results of the pre-qualification council for each organization or enterprise;

c/ A written proposal of the pre-qualification council together with a list of organizations and enteprises proposed for prize awarding.

3. Process of selection of prize winners at the national council

a/ The national council shall consider and appraise dossiers of participating organizations and enterprises proposed and other relevant dossiers sent by pre-qualification councils. In case of necessity, the national council shall send an assessment team to conduct evaluation and appraisal at organizations and enterprises to have more information for the selection and prize awarding. Based on the results of evaluation and appraisal of dossiers and at organizations and enterprises,the national council shall decide on the list of organizations and enterprises proposed for to be awarded the national quality prize;

b/ At the proposal of the national council, the national quality prize’s standing body shall collect the opinions of ministries, sectors and provincial-level People’s Committees on organizations and enterprises eligible for the national quality prize. Within 15 days after receiving a written request for opinion, ministries, sectors and provincial-level People’s Committees shall issue written replies;

c/ The national council and the national quality prize’s standing body shall prepare a dossier for submission to the Ministry of Science and Technology for consideration and propose the Prime Minister to award the national quality prizes and the prime minister certificates of merit. The dossier submitted to the Ministry of Science and Technology must comprise:

- Reports on activities of the national quality prize in the year, and evaluation of dossiers and evaluation at organizations or enterprises, if any;

- The minutes of the national council’s meeting;

- Written agreements on prize awarding of ministries, sectors and provincial-level People’s Committees;

- A list of organizations and enterprises proposed for prize awarding;

- Other relevant dossiers and documents, if any.

4. Submission of prize awarding proposal

The Ministry of Science and Technology shall complete a dossier of proposal for awarding eligible organizations and enterprises with the national quality prize and the prime minister certificate of merit and submit it to the Prime Minister.

5. Notification of results of selection of prize winners

The national quality prize’s standing body shall notify the selection results to pre-qualification councils, awarded organizations and enterprises and related agencies and organizations after obtaining a decision on awarding the national quality prize and the prime minister certificate of merit.

6. Organization of the prize award ceremony

The national quality prize’s standing body shall organize a ceremony to award the national quality prize and the prime minister certificate of merit to prize winners.

Article 29. Operation funds

1. Funds for the organization of activities of the national quality prize include:

a/ Funds from the state budget allocated according to the science and technology expenditure estimate;

b/ Financial aid of domestic and foreign organizations, enterprises and individuals;

c/ Revenues from activities of the national quality prize.

2. The management and use of funds for the organization of activities of the national quality prize must comply with the Law on the State Budget and guiding documents on financial management.

Article 30. Benefits of awarded organizations and enterprises

1. Organizations and enterprises awarded with the national quality prizes may make announcement and advertisement about their units in the mass media or otherwise introduce their units and may use the symbol of the national quality prizes on their products or publications.

2. Organizations and enterprises awarded with the national quality gold prize shall be nominated for participation in regional and international quality prizes by the Ministry of Science and Technology.

3. Awarded organizations and enterprises shall be prioritized to borrow loans from the national science and technology development fund, the national technology renewal fund, the science and technology development funds of ministries, sectors and localities and other funds in accordance with law; and participate in national programs and projects on technology development and transfer and improvement of productivity and quality.

4. Awarded organizations and enterprises shall be commended by ministries, sectors and provinces and centrally run cities using the annual commendation fund.

Article 30a. Handling of violations

1. Within 3 years after winning the prize, if an awarded organization or enterprise is detected to have committed frauds in its dossier during its participation in the national quality prize or violates law, badly affecting the prestige of the national quality prize, the national quality prize’s standing body shall, depending on the severity of the violations, consider and propose the withdrawal or cancellation of the awarded results and other benefits.

2. The withdrawal and cancellation of the results awarded to organizations and enterprises that won the national quality prize shall be made public in the mass media.”

13. To amend Article 31 as follows:

“Article 31. Responsibilities of the Ministry of Science and Technology for state control of product and goods quality

1. To assist the Government in performing the unified state management of product and goods quality and conformity assessment activities nationwide; to perform the task of state control of product and goods quality defined in Article 69 of the Law on Product and Goods Quality; to supervise the survey of product and goods quality; to examine and urge the compliance with the laws on standards and technical regulations and product and goods quality and conformity assessment activities.

2. Within the scope of tasks and powers of a line ministry, the Ministry of Science and Technology shall:

a/ Perform the state control of the quality of products in production, for products and goods falling in its assigned domains as prescribed by this Decree and the law on standards and technical regulations;

b/ Perform the state control of the quality of imported, exported and marketed goods and use of goods falling in its assigned fields which are likely to become unsafe as prescribed in Clause 4, Article 69 of the Law on Product and Goods Quality.”

14. To amend Article 32 as follows:

“Article 32. Responsibilities of line ministries for state control of product and goods quality

1. To perform the task of state control of product and goods quality prescribed in Clause 1, Article 70 of the Law on Product and Goods Quality and coordinate with the Ministry of Science and Technology in, formulating and implementing plans on inter-disciplinary inspection of quality of products and goods subject to annual inspection conducted by line ministries and handling violations according to their competence.

2. Line ministries shall perform the state control of the quality of products in production, specifically as follows:

a/ The Ministry of Health:

- Food safety for functional foods, food fortified with micronutrients, food supplements, food processing aids, food additives, drinking water, daily-life water, natural mineral water and food packages and containers (except food packages and containers under the management of the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade); vaccines, medical biologicals; cigarettes; chemicals, environmental treatment products, insecticides and disinfectants for household and medical use;

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

- Drugs, drug materials and cosmetics;

- Medical equipment and works.

b/ The Ministry of Agriculture and Rural Development:

- Agricultural and forestry plant varieties; livestock and aquatic animal breeds;

- Fertilizers; pesticides; animal medicines; livestock and aquatic animal feeds;

- Chemicals, biological preparations, microorganisms used to improve water environment in aquaculture;

- Other supplies used in cultivation; animal husbandry; aquaculture; forestry; salt industry;

- Machinery and equipment used in agriculture, forestry, animal husbandry, aquaculture; fishing gear and equipment; machinery, equipment, supplies and substances subject to strict occupational safety and health requirements under the Ministry’s management in accordance with the law on occupational safety and health;

- Food safety for cereals; meat and meat products; seafood and aquatic products; vegetables, tubers, fruits and vegetable, fruit and vegetable products; eggs and egg products; fresh raw milk; honey and honey products; genetically modified food; salt; spice; sugar; tea; coffee; cocoa; pepper; cashew nut; other agricultural products;

- Services and manufacturing process of fertilizers, pesticides, animal medicines, livestock and aquatic animal feeds; the process of cultivation, husbandry, aquaculture, forestry, salt industry; the process of harvesting, slaughtering, semi-processing and processing animal, plant and seafood products;

- Hydraulic works and dikes;

- Services and production process in agriculture and rural development.

c/ The Ministry of Transport:

- Vehicles, loading and unloading equipment, and construction equipment exclusively used in transport (except those for national defense and security purposes and fishing vessels) and technical equipment and facilities of the transport sector; vehicles and equipment for exploration and exploitation at sea;

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

- Road, railway, inland waterway, maritime and aviation infrastructure facilities;

- Transport services.

d/ The Ministry of Construction:

- Civil construction works, houses and office buildings;

- Construction materials;

- Architecture and construction planning, including regional construction planning, urban construction planning, planning on construction of rural residential quarters, planning on construction of industrial parks, economic zones and hi-tech parks, and construction of important international border gates;

- Technical infrastructure in urban centers, industrial parks, economic zones and hi-tech parks;

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

- Construction services.

dd/ The Ministry of Industry and Trade:

- Chemicals, industrial explosives;

- Mechanical, metallurgy, electricity and other energy products; consumer and industrial products, food industry and other processing industries in accordance with law; electrical and electronic equipment used in industry;

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

- Food safety throughout the process of production, processing, preservation, transportation, export, import and trading of liquor, beer, beverage, processed milk, vegetable oil, products of flour, starch, cakes, jams, candy and packaging of such products;

- E-commerce.

e/ The Ministry of Labor, War Invalids and Social Affairs:

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

- Labor safety products as prescribed by law;

- Public recreation facilities;

- Services in the labor, war invalids and social affairs sector.

g/ The Ministry of Information and Communication:

- Press products; publication; printing and distribution; post and delivery;

- Advertisement in the press and on the Internet, on publications and integrated advertisement on post, telecommunications and information technology products and services;

- Post, telecommunications, information technology, electronics, radio broadcasting and television networks, facilities, equipment and products; information security;

- Radio frequencies, stations and equipment, and radio wave application devices;

- Post and telecommunications services.

h/ The Ministry of Natural Resources and Environment:

- Natural resources and minerals;

- Meteorology and hydrology;

- Cartography and topography;

- Environment, climate change and remote sensing;

- Services in the natural resources and environment sector.

i/ The Ministry of Education and Training:

- Textbooks, syllabuses, reference books and teachers’ manuals;

- Teaching equipment, physical facilities and toys in the education and training sector under the Ministry’s state management as prescribed by law;

- Education and training services.

k/ The Ministry of Finance: products related to national reserves, lottery business, securities activities; insurance, accounting, audit, financial consultancy, tax, price appraisal and customs services;

l/ The Ministry of Culture, Sports and Tourism: sports facilities, equipment and devices for sports training and competition of sport and physical training establishments; outdoor advertising under the state management under current regulations;

m/ The State Bank of Vietnam: currencies, banking activities and specialized banking equipment;

n/ The Ministry of National Defense:

- Military equipment and facilities, weapons and ammunitions, defense products and national defense works not classified as national secrets;

- Products subject to safety and security in national defense under the Ministry’s management in accordance with law.

o/ The Ministry of Public Security:

- Fire prevention and fighting equipment; rescue and salvage; technical equipment, weapons and ammunitions, support instruments, except those stated at Point n of this Clause, and other products for use in the people’s public security force not classified as national secrets;

- Security services.

p/ The Ministry of Science and Technology:

- Nuclear reactors, nuclear materials, source materials, radioactive substances, radiation equipment; measuring tools and equipment; gasoline, diesel fuel, biofuels; engine oil; gas (liquefied petroleum gas - LPG, liquefied natural gas - LNG, compressed natural gas - CNG); electrical and electronic equipment; children toys; bike and motorcycle helmets; steel; gold products;

- When there are new products and goods or products and goods that are not stated at Points a, b, c, d, dd, e, g, h, i, k, l, m, n and o of this Clause and products and goods used in national defense and public security and classified as national secrets, the Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related line ministries in, defining management responsibilities. If these products, goods or services fall beyond its competence, the Ministry of Science and Technology shall report them to the Government or Prime Minister for consideration and assignment of management responsibilities to related line ministries.

3. Line ministries shall perform the state control of the quality of goods imported, exported, circulated on the market or in the use process, which are likely to become unsafe, under their respective management as follows:

a/ In accordance with Clause 4, Article 69 of the Law on Product and Goods Quality;

b In accordance with Clause 2, Article 70 of the Law on Product and Goods Quality;

c/ In accordance with Article 15 on lists of goods subject to testing, initial or periodical testing in the use process of these goods according to this Decree;

d/ The Ministry of Information and Communication:

- Press products; publication; printing and distribution; post and delivery;

- Advertisement in the press and on the Internet, on publications and integrated advertisement on post, telecommunications and information technology products and services;

- Post, telecommunications, information technology, electronics, radio broadcasting and television networks, facilities, equipment and products; information safety;

- Radio frequencies, stations and equipment, and radio wave application devices;

- Post and telecommunications services.

dd/ The Ministry of Natural Resources and Environment:

- Natural resources and minerals;

- Meteorology and hydrology;

- Cartography and topography;

- Environment, climate change and remote sensing;

- Services in the natural resources and environment sector.

e/ The Ministry of Labor, War Invalids and Social Affairs:

- Machinery, equipment, supplies and substances subject to strict occupational safety and health requirements under the Ministry’s management in accordance with law; technological tools and equipment of vocational training institutions; personal protective equipment for laborers;

- Specific labor safety products in accordance with law.

g/ The Ministry of Culture, Sports and Tourism: sports facilities, equipment and devices for sports training and competition of sport and physical training establishments; outdoor advertising under the Ministry’s state management under current regulations;

4. Line ministries shall notify the Ministry of Science and Technology of their agencies in charge of assisting their ministers in performing the state control of product and goods quality under Clauses 2 and 3 of this Article for publication on the Ministry’s e-portal.

Every year or at the proposal of the Ministry of Science and Technology, line ministries  shall sum up and report on the situation and results of the inspection of the quality of products and goods under their respective management to the Ministry of Science and Technology for sum-up and reporting to the Prime Minister.

5. If there are overlapping fields assigned to line ministries or arise new fields other than those specified in Clauses 2 and 3 of this Article, the Ministry of Science and Technology shall sum up and report them to the Government and Prime Minister for consideration and decision.”

15. To amend Clause 2, Article 33 as follows:

“2. Provincial-level Departments of Science and Technology shall assume the prime responsibility for, and coordinate with related departments and sectors in, assisting provincial-level People’s Committees to perform the unified state management of product and goods quality in localities as follows:

a/ To assume the prime responsibility for, and coordinate with related departments and sectors in, developing and implementing annual plans on product and goods quality inspection at establishments trading in products and goods subject to the management by line ministries;

b/ To examine and urge departments and sectors to perform the state control of product and goods quality in their assigned and decentralized fields, annually organize the review and evaluation of the state control of product and goods quality in localities;

c/ To inspect and urge the observance of the laws on standards and technical regulations and product and goods quality in their respective localities;

d/ To supervise the survey of product and goods quality in localities; to warn consumers and related local agencies;

dd/ To summarize and report quality management in localities and arising quality issues to provincial-level People’s Committees and the Ministry of Science and Technology.

The Sub-Departments for Standards, Metrology and Quality under the provincial-level Departments of Science and Technology shall perform the function of controlling product and goods quality in localities; survey the quality in localities and warn local specialized agencies of product and goods quality; and perform specialized inspection of product and goods quality in localities.”

Article 2.Implementation provisions

1. This Decree takes effect on July 1, 2018.

2. Other provisions on designation of conformity assessment organizations, the national quality prize, codes and barcodes in legal documents of the same level with or level lower than this Decree will cease to be effective on the effective date of this Decree.

3. Transitional provision

Line ministries’ decisions on designation of conformity assessment organizations remain valid until their expiration dates.

Article 3.Organization of implementation

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
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.