Ordinance on goods quality control (No. 18/1999/PL-UBTVQH10)

No. 7 (22-2-2000) OFFICIAL GAZETTE 15 ORDINANCE ON GOODS QUALITY (No.18/1999/PL-UBTVQH I 0) To raise the good,· quality ancl procluclion and business e[ficiene,y: to protect the legitimate rights and interests of production and business ()]xaniza tions and inclivid11als as ire/I as consumers: to rationally use natural reso11rces and labor: to protect the environment: to promote scientific ond tec/1110 /ogical progresses: to enhance the State mcmagemenl e[fectiveness: and to createJavorahle conclitfrms(<;r international technical. economic and trade cooperation: P11rs11anl to the 1992 Conslil11tion r~f the Socialist Rep11blic of Vietnam: Purs11ant lo the Resol11tion of the Xth National Assembly. '-I'" session. 011 the legislative program fiJ1· its 11'hole tenure as well as the 1999 legislative program: 771is Ordinance provides (<;r good,· quality. Chapter I GENERAL PROVISIONS Article I.- This Ordinance stipulates the promulgation and application of goods quality standards, the quality certification, the recognition of quality control systems, and the examination and 16 OFFICIAL GAZETTE No. 7 (22-2-200()) inspection of goods quality in the course of production and business. Article 2.- The State shall exercise the unified management over goods quality according to the proyisions of this Ordinance and other proYisions of law. In cases where international agreements which the Socialist Republic of Vietnam has signed or acceded to contain prm is ions different from the proYisions of this Ordinance, the proYisions of such international agreen1ents shall apply. Article 3. - Production and business organizations and individuals shall take responsibility for their goods quality as prescribed by law. Article ./.- The State encourages and creates conditions for production and/or business organiza tions and indi,iduals of all economic sectors to ensure their goods quality by applying the 1quality standards and quality control measures according to the Vietnamese standards or foreign and international standards pennitted to be applied in Vietnam. Article 5.- State agencies, economic organizations, political organizations, socio-political organizations, social organizations, socio-professional organizations, people· s armed forces units and all individuals shall have to implement this Ordinance and other provisions of the legislation on goods quality The Vietnam Fatherland Front's Central Commi ttee and member organizations shall, \\ithin the ambit of their tasks and powers, have to propagate, educate and encourage people to abide by and supen'ise the implementation of the legislation on goods quality. Article 6.- Organizations and individuals shall irn,e the right to complain about and individuals shall haye the right to denounce. acts of ,iolation of the legislation on goods quality. Organizations and individuals shall ha,e the right to propose to the competent State agencies measures to raise goods quality. The competent agencies and organizations shall have to promptly settle complaints, denun ciations and proposals according to law provisions. Article 7.- The State of the Socialist Republic of Vietnam encourages the expansion of international cooperation on goods· quality with foreign countries. international organizations, foreign organizations and indiYiduals. · Article 8.- To strictly prohibit the following acts: I. Producing, trading in goods that fail to ensure the quality prescribed by Im,: 2. Giving false infonnation. making untruthful advertisements or committing other fraudulent acts concerning the goods qua lit:,. Chapter II PROMULGATION AND APPLICATION OF GOODS QUALITY STANDARDS Article 9.- The qualit:, standards include the pro,isions on norms. technical requirements, testing methods, package, labeling. transportation and presenation of goods: on the quality control systems and other matters related to goods quality. The quality standards shall be reflected in fonn of technical documents. Article 10.- The GO\crnmcnt shall stipulate the promulgation of the Vietnamese standards on goods quality (hereafter referred to as Vietnamese standards) as \\ell as the use of foreign and international standards in Vietnam. The ministers, the heads of the ministerial-leYel agencies and the heads of the agencies attached to the GoYernment shall promulgate the branch standards on goods qualit, (hereafter referred to as branch standards) for application "ithin their respecti-ve branches or domains assigned to them for management according to the GoYernmenfs stipulations. Production and busrness organizations and indi,iduals shall promulgate the basic standards on goods quality (hereafter referred to as basic standards) for application ,,ithin their own establishments and shall take ;-esponsibility for the goods' quality standards the::, have promulgated. Article 11. 1. The State encourages production and/or business organizations and indi,iduals to elaborate and apply the basic standards: participate in the elaboration and application of the Vietnamese standards and branch standards: and announce their goods which meet the corresponding Vietnamese and branch standards. 2. The State creates conditions for organizations No. 7 (22-2-2000) OFFICJAL GAZETTE 17 and indi,iduals to ,oluntarily apply foreign and international standards on the basis of compliance with the provisions of Vietnamese la\\ and interna tional agreements ,,hich Vietnam has signed or acceded to so as to promote international technicaL economic and trade cooperation. Article 12. 1. Goods related to foodstuff. safety. hygiene, human health. cm 1ronrncnl and other objects prescribed by Im\· must be subject to the application of Vietnamese standards The Go,cmmcnt shall stipulate the promulgation of a list of goods subject to the Vietnamese standards. 2. Production and business organizations and indi,iduals stipulated in Clause 1 of this Article shall ha,c to announce and ensure that their goods are compatible \\ith the corresponding Vietnamese standards. Article 13. 1. In addition to the list of goods subject to the Vietnamese standards stipulated in Clause I, Article 12 of this Ordinance, basing them sch es on the goods quality control requirements in each period, the ministers. the heads ofthe rninisterial-lc,cl agencies and the heads of the agencies attached to the Go,·ernment shall define goods \Yithin their branches and domains assigned for management, which shall be subject to the branch standards or other standards. 2. Production and business organizations and indi,iduals stipulated in Clause I of this Article shall hm c to announce and ensure that their goods meet the corresponding standards. Article 1./.- The MmistcrofScicncc, Technology and E1n-ironmcnt shall stipulate conditions and procedures for the announcement of goods meeting the goods quality standards. Chapter III QUALITY CERTIFICATION AND RECOGNITION OF QUALITY CONTROL SYSTEMS Article 15. I. The quality certification includes the certifica-. tion of goods quality, certification of quality control systems as compatible \Yith the Vietnamese standards or foreign standards applicable in Vietnam. 2. The recognition of quality control systems includes the recognition of quality control systems of the goods quality test offices, goods quality expertizing organizations. goods quality ccrtif·ying organizations. and organizations certifying quality control systems· compatibility with the Vietnamese standards, branch standards, or foreign or international standards applicable in Vietnam. Article 16. - 1l1e certification of goods quality and quality control systems: and the recognition of qualitv control systems of organizations stipulated in A:-ticle 15 of this Ordinance shall be conducted b: organi zations engaged in the technical sen·ice acti,ities. The conditions for operation of organizations in charge of the quality certification and quality control system recognition shall be stipulated by the Government. Artide 17.- The State encourages production and business organizations and indiYiduals to Yoluntaril: apply the quality control systems and voluntarily ask for certification of their goods quality as well as their qualit: control systems: encourages the goods qualit: testing offices, goods quality experti1.ing organiza tions. goods quality-certifying organizations and goods quality control system-certifying organizations to ,oluntari ly ask for recognition of their respective quality control systems. Article 18. 1. On the basis of the list of goods subject to the standards stipulated in Clause I, Article 12 of this Ordinance, the Go-vcrnment shall prescribe the promulgation of the list of goods \\hich must be certified as ha,ing quality compatible with the Vietnamese standards. 2. Basing themseh·es on the list of goods subject to the standards stipulated in Clause L Article 13 of this Ordinance. the ministers, the heads of the ministerial-Jeye] agencies and the heads of the agencies attached to the Government shall issue lists of goods subject to the quality certification according to branch standards or other standards. Article 19.- The State encourages and creates conditions for mutual ackimwledgement in the goods quality certification activities and recognition of 18 OFFICIAL GAZETTE No. 7 (22-2-20(W) quality control systems between Vietnam and foreign Vietnamese standards and branch standards: com1tries. Chapter IV RESPONSIBILITIES OF PRODUCTION AND BUSINESS ORGANIZATIONS AND INDIVIDUALS FOR GOODS QUALITY Article 20.- Production and business organizations and indi,iduals shall lrnYe to promulgate the goods quality standards according to lav>' prmisions: ensure that their goods reach the already promulgated quality standards: examine the goods quality and take responsibility for the quality of goods they produce or trade in. Article 21.- Production and business organiza tions and individuals shall have to ensure the truthfulness and accuracy of information and adYertisement on their goods quality: and ensure that the goods· labels clearly inscribe the standards, properties, usage, use duration and other contents prescribed by la\\: promulgate the "arranty conditions, duration and places and pro,ide customers \Yith instructions on the use of goods. Article 22.- Production and business organiza tions and individuals shall have to promptly settle all customers· complaints about their goods qualit:: collect, study and accept the customers opinions on their goods quality; and reimburse and pay compensation for any damage caused to customers as prescribed by law. Chapter V STATE MANAGEMENT OVER GOODS QUALITY Article 23.- The contents of State management over goods quality include: 1. Elaborating and organizing the implementation of policies, plannings and plans on goods quality: 2. Issuing and organizing the implementation of legal documents on goods quality. 3. Organizing and managing operations of the goods quality State management agencies of all levels; 4. Issuing and stipulating the application of the stipulating the application of foreign and international standards: and guiding the establishment and application of basic standards: and stipulating goods quality charges and fees of yarious kinds: 5 Managing the goods quality certification acti,ities and certification of quality control systems: the recognition of quality control systems of the goods quality testing offices, goods quality expertizing organizations, goods quality-ccrtiJ) ing organizations and goods quality control systems certiJ\ing organizations: (, Organizing the scientific research and the application ofteclmical ad,ances in the field of goods quality: 7. Organizing and managing the professional and technical training and fostering on goods quality: 8. Organizing the infomrntion, propagation and popularization of kno,,lcdge and laws on goods quality: 9. Organizing and effecting international cooperation on goods quality. IO Inspecting, examining the obsenance of the legislation on goods qualit:·: settling complaints and denunciations and handling Yiolations of the legislation on goods quality Article 2./. I . TI1e GoYcmmcnt shall exercise the tmified State management over goods quality throughout the countn. 2. The Ministry of Science, Technology and Em ironment shall take responsibility before the Gm emment for the unified State management over goods quality. The Gm·ernmcnt shall specify responsibilities of the ministries, ministcrial-le,el agencies and agencies attached to the Govenm1ent in exercising the State management over goods quality. 3. The Ministry of Science, Technology and Em·ironment shall coordinate with the Ministry of Trade, the ministries, ministerial-level agencies and agencies attached to the Government in exercising the State management over goods quality according to the assignment of responsibilities by Government. 4. The People's Committees of all levels shall, No. 7 (22-2-2000) OFFICIAL GAZETTE 19 ,Yithin the ambit of their tasks and po\\ ers, exercise individuals to supply documents and answers on the the State management over goods quality in their matters necessary for the inspection: respecti,e localities according to the assignment of b/ To take goods samples for testing according to responsibilities by the Government. law: Article 25.- The GO\ cmment shall stipulate goods c/ To make record on the inspection and propose quality charges and fees. handling measures: Chapter VI EXAMINATION AND INSPECTION OF GOODS QUALITY Article 26. I. On the basis of the quality control requirements in each period. the Gm cmment shall issue a list of goods which must be examined in len11S of their quality and organize the goods quality examination; and issue the regulations on goods quality examination. 2. Goods \Yhich haYe been certified as meeting the set standards: goods of production and business organizations and indi,iduals. which have been certified as ha,ing quality control systems compatible \Yith the Vietnamese standards or foreign or international standards shall be exempt from the quality examination, except for cases where signs of ,iolations of the quality control legislation are detected. Article 27. 1. The inspection of goods quality shall be effected by the goods· quality specialized inspectorate. 2. The organization and operations of the goods quality specialized inspectorate shal I be stipulated by the Go,ernment. Article 28.- The goods quality specialized inspectorate is tasked to inspect the obscn·ance of the legislation on goods quality, impose sanctions, apply or propose according to its competence measures for pre,cnti"on or tennination of,iolations of the legislation on goods quality. The inspection shall be conducted by inspection teams or inspectors. Article 29. I. In the course of inspection, an inspection team or inspector shall ha,e the competence: al To request the relevant organizations or di To apply measures for the preYention and handling of ,iolations according to law provisions: "here signs of a crime arc detected, to transfer the dossier to the competent State agency. 2. During the inspection, the inspection team or inspector shall ha,e the responsibility: a/ To produce the inspection decision and inspector· s card: b/To strictly comply with the inspection order and procedures, not to trouble, harass or obstruct production/business activities: not causing hanllS to the legitimate rights and interests of production and business organizations and/or individuals as well as consumers: cl To abide by law and take responsibility for all their acts. conclusions and handling measures: and pa:-, compensation for damage incurred as prescribed b,lcm. Article 30.- The inspected organizations and/or indi,iduals shall have to create conditions for the inspection teams or inspectors to perforn1 the:r tasks and hm e to execute decisions of the inspection teams or inspectors. Article 3 I.- The inspected organizations and/or indi,iduals shall hm e the right to complain about or initiate a lawsuit against decisions or handling measures of the inspection teams or inspectors according to la\\ provisions. Pending the consideration and settlement by the competent agencies and organizations, the inspected organizations and/or indi,iduals shall still ha,·e to execute the decisions or handling measures of the inspection teams or inspectors, except otherwise provided for by la\\. Chapter VII COMMENDATION AND HANDLING OF VIOLATIONS Article 32.- Organizations and/or individuals that ·r.ecord achievements in the goods quality-related activities or that detect violations of the legislation on 20 goods quality shall be commended according to law prov1s10ns. Article 33.- Any persons vvho produce and trade in goods ,vhich fail to meet the goods quality standards produce and trade in goods on the list of goods. which arc subject to the Viet11amese standards but fail to conforn1 thereto: ,iolatc the regulations on quality certification, recognition of quality control systems or commit other violations of the legislation on goods quality shall. depending on the nature and seriousness of their violations. be administrati,elv sanctioned or examined for penal liability as prescribed by la,,. Article 34.- Any persons who abuse their positions and po\\crs to ,iolatc the regulations on the promul gation, certification of quality, recognition of quality control systems, pennit the circulation, export and/or import of goods on the list of goods which are subject to the quality examination but have not been examined or fail to meet the quality standards after being examined. or "ho commit other violations of the legislation on goods quality, shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability as prescribed by law. Article 35.- Any persons who commit violations of the legislation on goods quality, thus causing damage to organizations and/or individuals shall not only be dealt ,,ith according to Articles 34 and 35 of this Ordinance but also hm c to pay compensation for damage according to la,, provisions. Chapter VIII IMPLEMENTATION PROVISIONS Article 36.- This Ordinance takes effect as from Julv ]'t 2000. Article 37.- This Ordinance replaces the Ordinance on Goods Quality of December 27, 1990 The earlier prm isions contrary to this Ordinance are all no\\ amrnlled. Article 38.- The Government shall detail the implementation of this Ordinance. On heha(f of the National Assemh(v Standing Committee Chairman NONG DUC MANH No. 7 (22-2-200<~)