Decree No. 179/2004/ND-CP providing for State management over product and goods quality

THE GOVERNMENT DECREE No. 179/2004/ND-CP OF OCTOBER 21, 2004 PROVIDING FOR STATE MANAGEMENT OVER PRODUCT AND GOODS QUALITY THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the December 24, 1999 Ordinance on Goods Oua/ity, A t the proposal of the Minister of Science and Technology, DECREES: Chapter I GENERAL PROVISIONS Article 1.- Scope of regulation This Decree details the implementation of the Ordinance on Goods Quality and relevant law provisions on State management over product a.nd goods quality, by State management ;;\genc\es, organiza lions and individuals enga~Jed and production and/or business, organizations operating in the field of product and ~Joods standard and quality control. Articfe 2.-App\ication objects 1. Thi~, Decree apphes to product\, and >Joods in nw prncess of production and circulation on the dornnstic market as well as in import and export ?. nie State rnana~J()rnent over quality of product~., and goods in the fields of sncu1ity, national dclorn.,e and S\ah} ~,ecrets shall be provided lor in otllor lenal docurnents. Article .1.- fenn interpmtation In lhis Decree, the following words and phrases are construed as follows: 1. Products rnoan the results of activities or processes, )nc!uding services, software, hardware and materials for processing or having been already processed. Goods mean products put in consumption through exchange and trading. 2. Product and goods quality means the overall properties ot products and goods (their technical specifications and particularities), determined by measurable and comparable parameters in accordance with existing technical conditions, reflecting the capability of meeting the social and personal demands under certain production and consumption conditions, suitable to the utility of such products and goods. The product and goods quality is reflected through their technical specifications and parlicu lari ties. 3. Management of product and goods quality means activities of an organization, aimed at orientating development, raising and controlling product and goods quality. 4. State management over product and goods quality means Slate management ago ncies' activities aimed at oriontating devolopmen1, raising and controlling product and goods quality, thus acl1ieving the socio-economic targets in each period, Chapter II PROMULGATION AND APPLICATION OF PRODUCT AND GOODS QUALITY STANDARDS Article 4.~ i:iroduct nnd qoods quality standards 1 . J-Jroduct and goods quality staminrcl(, moan technical documents pn-,•;cribing prnper\im; of, and technical requirements on, products and goods; inethoch" of te-:;tirig th0ir proporties and technical requirements; 1·equircm1ents on packin9, labolino, transportation and preservation of products and rJoods; requirements on the quality manan0rnent :➔ystern and other issues mlated to product and rJoocls quality (responsibilities toward consumers, th rifly 11~w of natural resources, e nvi ronmenlal protection, etc.) 2. Product and goods quality standards shall be promulgated by the heads of competent agencies and organizations according to the set procedures, Such standards shall be formulated on the basis of scientific and technological achievements and reference to international, regional as well as foreign standards, with Vietnam's actual socio­ f~conomic conditions taken into account. 3. Product and goods quality standards must be regularly revised and adjusted to suit the scientific and technological development as well as international economic integration. Article 5.- System of product and goods quality standards ! , Vietnam's system of product and goods quality stanclards comprises: a/ Vietnam standards, that mean technical documents formulated according to the requirement of State management over quality and trade and applicable uniformly throughout the country. The Minister of Science and Technology shall direct the formulation and promulgation of such standards. b/ Uranct1 standards, that mean technical documents formulated accordin~J to the requirement of Stcite management ovor quality of product; and goods for which com)spondin[J ViPtnnm ,;tandards lmvn not yet been forrr1ulaled. Tlier,e standards shall i:lpply Liniformly throuqhoul the country and be fonm1lated and prornul9atecl undm direction by the rnink,ter-s or the head:\ of the rninisterial--lovel agencief; (hereinafter referred colloctively to rn, rninistriei,). c/ Base standards, that rnean tecl1nical documents promulgated by the heads of base units for application within such units. Base standards must not be contrary to relevant regulations of competent State agencies. 2. International, regional and foreign standards st1all be used to formulate standards in the system of product and goods quality standards or shall be directly applied when necessary. Article 6.- Formulation of product and goods quality standards 1. The Minister of Science and Technology shall prescribe procedures for formulation, promulgation and application of Vietnam standards; guide the formulation and application of branch and base standards; prescribe procedures for registration of branch standards and coordinate with the specialized management ministries in prescribing the application of international, regional and foreign ~,tandards; revise and decide on the branch standards which must be upgraded to Vietnam standards to accord with the list of products and goods subject to the application of Vietnam standards (provided for in Clause 1, Article 9 of this Decree), the list of products and goods subject to certification of quality conformity with Vietnam standards (provided for in Clause 1, Article 13 of this Decree, and the list of goods subject to quality c!xnrnination (provided for in Clause 1, Article 24 of this Dticrno), wr1ich aro promulgated annually. 2. Tho specialized management ministries shall have to formulate branch standards and participate in the formulation of Vietnam standards, intc n1atior 1al and re9io11al i,tandnrch; and rl iror;t tho application of Vietnam slanda1ds, branch slm1dards ,1:" well as international, r·e~Jional ,111d forci~Jn stan(iards. ~3. I he ,ipociali1od manag0nicnt mind rim, shall 1·eport on the demand for formulation of Vietnam standards for ohjoct; which need to bo managed; and reach ag l"!J<~ ment on bran ch standard formulation plans with the Ministry of Science and Technology. 4. Tile Ministry of Science and Tecl1nology and tile specialized management ministries st1all annually popularize Vietnam and branch standard formulation plans for the interested ornanizations and individuals to be aware of and give their comments. 5. Vietnam standards shall be drafted and finalized by Vietnam Standard Technical Boards bofom they are submitted to the Minister of Science and Technology for prornulgation. The Minister of Science and Technology shall submit to the Prime Minister for promulgation the Regulation on organization and operation of Vietnam Standard Technical Boards. Article 7.-0b!igalions for formulation of product and goods quality standards All organizations and individuals have tile ri9ht to propose the formulation of Vietnam i,tandards and branch standards; and are ob!iged to comment on, and provide information for the formulation of, ViHtnam standards, branch standards as well as international and rogional standards. Article 8.- Principles for application of product and goods quality standards i . Vietnam standards and branc~1 standards shall apply on a voluntary basis. 2. Vietnam standards and branch i,tandnrds sl1all be cornpulso1y only for products and w,ods on tho list of products ancl goods subject to standard application prescribed in Article 9 of this Decroe. :l. Tt1(J Minister of Sciencfi and Technology shall prei;cl"ih!-: contents and procedures for announcernent of products and ~Joods quality cornpatibility with standards and technical regulations prornulgatud by competent State agencies for· compulsory applicution. Article 9.- List of pmducts ancl goods sub/eel to appllcatlon of standards 1. Tho Ministry of Science and Technology shall assume tile prime responsibility for, and coordinate with the specialized management ministries in, formulating and promulgating list of products and goods subject to the application of Vietnam standards each period 1 for products and goods related to food, safety, hygiene, human health, environment and other objects subject to the application of Vietnam standards. The list of such products and goods shall be revised annually for addition of those subject to the application of Vietnam standards as prescribed by the branch­ management ministries according to requirements of quality management on markets. 2. The specialized management ministries shall assume the prime responsibility for, and coordinate with tile Ministry of Science and Technology in, formulating and promulgating lists of products and goods subjec1 to the application of branch stanclards or other standards (including international, regional or foreign standards and Vietnam standards) according to requirements of State management over quality of products and goods not yet included in the list prescribed in Clause 1 of this Article. Article 10.- Copyriollt, publication and rnoistrntion of Vietnam standards and branch standards 1. Agencies promulnatinn Vietnarn standards aml branch i,tanclards shall hold the copyright over, and take 1-esµonsibility for publication arid di~ ;trihution of docuinents on, such sta1\dnrds. 2. The Ministry of Science and Technology shall affect the registration of Vietnam standards and branch standards. Chapter Ill QUALITY CERTIFICATION AND RECOGNITION OF QUALITY MANAGEMENT SYSTEM Article 11.- Ouality certification and recognition of quality management system 1. C!uality certification means activities of evaluating and certifying product and goods quality and quality management systems as compatible with standards. 2. Recognition of quality management systems means activities of evaluating and certifying capabilities of the following organizations as compatible with the requirements of relevant standards: a/ Product and goods quality- testing divisions; bl Product and goods quality-· expertising organizations; c/ Product and goods quality- certifying organizations; d/ Quality management ~;ystem- certifying organizations. Article 12.- Modes of certifying product and goods quality 1, The certification of product and goods quality may be conducted by one of tho following modes: a/ Testing the typical samples; b/ Testing the typical samples and monitoring experimental sample8 taken from the market or production establishment:c,; c/ Te~;ting the typical sampler, and evaluating quality cwsuranco conditions; d/ Testinu prorJuct and goods lots; e/Testino 01· expertizing all products arni goorJs. 2, Depending on tho management requirnrnents, the specializod management min is tries s ha 11 sc lect modes of ce rtif i cation proscribed in Clause 1 of this Article to certify product and goods quality according to the provisions of Article 18 of the Ordinance on Goods Quality. Article 13.- List of products and goods subject to quality certification 1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the specialized management ministries in, formulating and promulgating lists of products and goods subject to certification of quality compatibility with Vietnam standards in each period, on the basis of the lists of products and goods subject to the application of Vietnam standards prescribed in Clause ·1, Article 9 of this Decree and shall guide the contents of, and procedures for, certification of product and goods quality. 2. The specialized management ministries shall promulgate lists of products and goods subject to certification of quality compatibility with branch standards or other standards (excluding Vietnam standards). A rtic/e 14. - Quality-certifying o rg anizatio ns 1. Quality-certifying organizations shall certify product and goods quality and quality mananement systems. 2. Or9anizations defined in Clause 1 of this Article, including fomign organizations operating lawfully in Vietnam, muf,t satisfy the following conditions: a/ Bcinn organizations that provide technical sorvico!,,, including: .. No n-b 1.1 sin o:; s organ i za ti on s /HO Vi cl in 9 technical services under the specialized management ministries; F:nte1pri~-:es established under tho Enterprim~ Law or the State Enterprise Law; Foreign enterprises established under the Law on Forei9n Investment in Vietnam that undertake the quality certification in the domains inscribed in their invHstment licenses; Vietnam-based branches of foreign certifying organizations, established under the Commercial Law and undertaking quality cerltfication in the domains inscribed in their establishment licenses. bl Being organizations which operate independenHy and impartially, and are recognized by quality management system-recognizing organizations defined in Article 15 of this Decree as t1aving full managerial and technical capabilities, meeting the requirements of relevant Vietnam standards. 3, Quality-certifying organizations must register their fields of operation, seals, logos and model qua!ity certificates at the Ministry of Science and Technology. Article "/.5.- Quality management system­ recognizing organizations 1. Quality management system- recognizint~ organizations are non•business organizations that provide technical services of eva!uatinfJ and recognizing quality management systems of the subjects defined in Clause 2, Article 11 of this Decree. 2. Quality management system- recognizing organizations must meet the following conditiom;: a/ Meeting thf~ requirnrnents ot relflvant Vi(-;,tnam b/ Opr.-iratin9 indopem!ontly and impartially; c/ Tho Ministry of Science and Tnchnolo~JY shall submit to the Primn Minister for promulgation the Fleg u lation on o stab I isll me nt and operation of quality rnanagornent systom- recogniziny organizations. 3. The Minister of Science and Technology shall submit to the Prime Minister for promulgation the Regulation on organization and operation ol the National Council for Recognition ot Quality Management Systems. The Ministry of Science and Technology shall set up this Council and manage its operations as well as operations of quality management system- recognizing organizations. Article 16. - Evalua lion and recognition of q uahty management systems 1. Organizations and individuals having product and goods quality-testing divisions; product and goods quality-expertizing organizations; product and goods quality-certifying organizations and quality management system-certifying organizations may propose the recognizing organizations prescribed in At1icle 15 of this Decree to evaluate and recognize quality management systems. 2. Bases for evaluation and recognition of quality management systems are general requirements on capabilities and operations to satisfy the requirements of Vietnam standards and to comply with international standards. 3. The results of testing, expertise and certification of product and goods quality and quality management systems by re I eva nt testing, expertizing and certifying organizations that have been recognized, shall be prioritized for use as legal documents in rnanagomnnl of domestic product and 9oods quality and in trade relations with foreign cou11tries. Articltc> 17.- 1:'articip,1tion in inlmrw.tionnl cooperation on quality certification ,ind q11ality management system recognition The State cncolira9es and croatos conditions for 1·ecognizing and recognized organizatiorn, defined in Clause, 1, Article ·15 and Clause ·1, Article 1 G of thi:.;; Decree to participate in activities of international and regional recognizing and certifying organizations; nnd accede to mutual rocognilion aoreements on standards and compatibility evaluation. Chapter IV RESPONSIBILITIES OF PRODUCTION/ BUSINESS ORGANIZATIONS AND INDIVIDUALS FOR PRODUCT AND GOODS QUALITY Article 18.- Publicization of product and goods quality Organizations and individuals producing and/ or tradin~J in products and/or goods on the list of products and goods prescribed in Article 9 of this Decree must publicize the compatibility of ttwir product and goods quality with compulsory standards. Article 19.- Cornp ulsory certification and examination of product and goodf; quality Organizations and individuals producino and/ or tradinq in products and goods on the lists of products and goods subject to compulsory quality certification prescribed in Article 13 of this Dccref, and the lists of products and goods subject to quality examination prescribed in Clause 1 , Article 24 of this Decree must have their product nnd nood quality c(Htifind or examined bcfo10 such pmclucts and noods mo m,1rketed Chapter V ASSIGNMENT OF HESPONSIBILITlES FOH STATE MANAGEMENT OVER PRODUCT AND GOODS QUALITY Article 20. - Con ten ts of ma le man aw~ tne n t ove ,­ product and goods quality The Ministry of Science and Technology shall take responsibility before ttie Government for uniformly exercisinn the State management over the quality of products and goods Girculated on the domestic market as well as import and export goods, with the following specific tasks: 1. Formulating and submitting to competent authorities for promulgation or promulgating according to its competence and organizing the implementation of, policies, plannings and plans on product and goods quality; 2. Promulgating or submitting to competent uutt1orities for promulgation legal documents on product and goods quality, and organizing the implementation of such legal documents; ~3. Coordinating the organization and managing the operations of product and goods quality rnanagmnent agencies of ministrios, branches and localities; 4. Setting principles, conditions and criteria 1or operatiom, of product and goods quality. recognizing, -certifying, -expertizing and -testing ornanimtions ancl managing operations of such o r~J ani za t ions; 6. P rnmu loati ng and setting procedures for formulation and npplication of Vietnam standards; ouidinq the formulation and application of branch and bmm stand0rds; pi-escribinfJ procedures for re!)ii,tra lion of brand1 standmds and coordinatinn with tho specialized managemont c1qencies in proscriliinrJ the application of international, reuionnl and foreiun s1anrJards; 6. N,surninq the prime respom,i!Jility Im, and coo rd inati nq with the co nee rnecl min ii;trios a11d branc/101, in, concluding and itnpletnonting international aweements and treaties on mutual recognition in nctivities of recognizing ancl cortifyinu product and uoods quality; /. Organizinri :3cientific research ancl application of tcchnb1I advances to the field of product and goods quality; regularly supplying infom1ation on the results of scientific research and application of technicc'.11 advances to the ministries, branches and production and business establishments; 8. Coordinating with rnlevant agencies and local iti(~s in propagating and popularizing knowledge and legislation on product and goods quality. 9. Conducting activities of international cooperation on product and goods quality; 10. Inspecting and examining the observance of the legislation on product and goods quality; settling complaints and denunciations alJout, and handling Jaw violations regarding, product and goods quality; 11. Assurnin!J the prime responsit1ility for organizing the settlemtrnt of disputes over product and goods quality under law provisions. The General Department of Standardia1tion, Metrology and Ouality Control under tho Ministry of Science and Technology shall assist t11e Minister of Science and Technology in exercising the State rrianagcment over product and goods quality. Article 21.·· State management ro~1ponsihilities of specialized rnm1,.1qernen1 rniniRtrir-,r, for product and noocfa quulity To cn~airo tho 11ni forrnity of Slo.te mnnnqernent over pmdtJ(:t 1.111cl qoocb quality and conformity with i II torn ,-1 tio n al nu rri r,men Is w I I ic h Vietnam has ,signed or accoded to as well as with tho wqui1·on1e11ts of international econornic integration, the Bpo cial i 1.ed manager nen I ministries sha II, acconJing to lhoir functions, tasks and powers, have to assume the prirne responsibility for, and coordina le with tlrn Ministry of Scii:rnce ancl Technolouy in, performing tho following tasks: ·1. To promulgate legal documents on product and goods quality management that falls within the scope of branch management, in accordance with tl1e State's legal documents on management of product and goods quality; formulate and promulgatc1 technical documents prescribing compulsory technical criteria for products and goods related to food, safety, hygiene, human health and environment and other objects subject to product and quality management under !aw provisions. 2. To promulgate branch standards and register branch standards at the Ministry of Science and Technology; promulgate lists of products and goods subject to the applicat1on of branch standards or other standards prescribed in Article 9 of this Decree; nnd guide the formulation and application of Liranch and base standards in the domains assioned to them for 1nanagernent. 3. To organize the announcement and certification of product and goods quality compatibility with branch standards or other· ,,tandmds that fa!! wit\1(n the branches or domains under their 0.ssigned rnanagemont, in accordance with the provisions of this Decree. 4. To prornul9ate or suornit to competent agenciEis for prornulnation necer;saty mechanisms and policies for rnnnaqomnnt of product and good:, quali!y: fonnulatu and implement proqn-1rris on rai:.:inq prndt1ct ,ind 9oods qunlily umler their management. 5. To inspect and examine product und goods qua!ity-·re!ated activities of branchns or base units so as to ensure tl1e observance of law provisions on product and rJoods quality and hanclle law violations in this regard. Article 22.~ State management responsibilities of ttie provincial/municipal People's Committees for product and goods quality 1. The provincial/municipal People's Committees shall, within the ambit of their tasks and powers, have to exercise the State managnment over product and goods quality in their respective localities with the following tasks: a/ To promulgate legal documents guiding the management of product and goods quality; b/To elaborate and organize the implementation of plannings and plans and to reserve appropriate funding for the construction of material and technical bases and procurement of equipment necessary for the management of product and goods quality; cl To organize the implementation, propagate and educate people in the implementation of the State's regulations on product and goods quality; d/ To direct, inspect and examine Hie implementation of law provisions on product and goods quality; and sanction administrative violations accordin9 to law provisions; e/ To organize the reception and settlement of complaints and denunciations about, and proposals on, product and goods quality or transfer tl1crn to competent agencies for settlement. 2. The provincial/municipal Se1vices of SciE-lnce and Technology shall assume the pl"irne responsibility for, and coordinate with tile relovant srirvices, dcpartmentr, and brn.nches in, m~\,h-,ting the provincial/municipal People's Committees in performinn tt10 function of State rnananernent over product ancl goo,Js quality in their respective localities. The provincial/municipal Departments of Standardization, Metrology and Ouality Control under the provincial/municipal Services of Science and Technology shall directly assist tile latter in exercfsing the State management over product and goods quality in their respective localities. Article 23.- Assignment of State management responsibilities for quality of particular products a.nd goods 1. The specialized management ministries shall exercise the State management over product and goods quality according to their assigned functions, tasks and powers. For particular products and goods, the Government assigns specifically as follows: a/ The Ministry of Health: assorted raw materials for medicine production and assorted medicines for human disease prevention and treatment, assorted vaccines and medical biologicals; sanitary supplies and medical equipment, soaps and domestic-use chemicals, talcum powder, toothpaste, cosmetics; food safety and hygiene, drinking water and daily-life water. b/ The Ministry of Agriculture and Rural Development: plant varieties and animal breeds, biologicals in service of cultivation and husbandry: veterinary medicines; agricultural, forestry and salt­ making supplies; agricultural and forestrial preservatives and irrigation projects. c/The Ministry of Fisheries: aquatic products, export aqua tic food, aqua tic an i ma! breeds, aquatic feeds, aquatic veterinary medicines, assorted supplies, ct10micals and biolo{Jicals used in aquaculture; fishinn nets and tooh,; and equipment subjc:ct to t,trict 1·equirernents on fi:-;hrny safely. d/ The Ministry of Transport: motori1ecl t1·nmc rneans and equipmont mlated to ,1rdcty assumncci for pnoplEi and rr1eans of communication mid transport (airway, watorway, road and railway); specialized loadin9, unloadinn and constn1ction mean:, and eq1.1ipment; containers, steamers, pressure cylinders and other special-use moam; and equipment for land, railway, waterway, maritime and civil-aviation transportation; oil and gas exploration and exploitation means, t-)quiprnont and works on the :,ea; and traffic infrastructure works. el The Ministry of Construction: construction works and materials. f/The Ministry of Industry: industrial chemicals and explosives; technical machines and equipment used for industry and consumption; special-use means and equipment for exploration, mining and metallurgy; equipment for production of chemicals and explosives; production equipment used in food processing industry, g/ The Ministry of Labor, War Invalids and Social Affairs: machines, equipment, supplies and substances subject to stringont requtremonts on labor safety and safety for public recreational works. h/The Ministry of Post and Telernatics: post, telecommunications and information technology products. i/ The Ministry of Culture and Information: cultural, literal'y, a1·fistic products and press information. j/ The Ministry of Natural Resources and Environment: topographic and mineral-geological products, basic survHy products and forecasts on onvironrm:ntal resources: environmental olenwnts such as land, water and air. k/ The Trade Ministry: commercial and 1:)­ comrnercc services; f/ nw Ministry of Education ,rnd Trninin9: tf,xtbuoks, tnaching aicJ.c; and technical equipment used i11 r;cl10olc::, study lllJOkf, and '.JCientific and tr-) ch n ica I I loo kt,. rn/ Tho Finance Ministry: pmducts related to nationa I rese rvr:=,s, lottery business, securities activi tins; ins u ranee, accounting and au d iti nn servicos, financial, tax, price evalua lion and customs consultancy. n/ The State Bank of Vietnam: monetary and banking activities, specializocl banking equiprnent. o/ The Physical Training and Sport Committee: sport projects, training and competition facilities for physical training and sport establist1ments and for sports. g/ The Ministry of Science and Technology: Nuclear radiation safety equipment; radioactive sources; measuring means and instruments and other products and goods (excluding products and goods mentioned at Points a, b, c, d, e, f, g, h, i, j, k, I, m, n and o above and products and goods in the domain of national defense, security and secrets), 2. In case of overlapping and coincidence in tho rnanagemont domains assit1ned to the specialized management ministries prescribed in Clause 1 of this Article, tho Ministry of Science and Technology shall havo lo sum up and report such to the Prime Minister tor consideration and cleci~;ion. Chapter VI REGULATION ON EXAMINATION OF PRODUCT AND GOODS QUALITY Article 24.- List and bases for examination of products and uooclt, 1. HnsimJ it:wlf on quality nianaqcmr,nt rcquinm1tmts in each period, the Ministiy of Scienco and Tech no Io 9 y sh a 11 as f, u rrie the p ri m0 responsibility for, and coordinate with tho concernod management ministries in, drawinu up and submttting to the Primo Mini~;tcr for promulgation a list of products and goodi; subject to quality examination, enclosed with examination bases and list of organizations designated to examine product and goods quality. Annually, the Ministry of Science and Technolo~JY shall have to assume the prlrne responsibility for, and coordinate with the othc-:r ministries in, revising and supplementing tile above-mentioned list of products ancl goods and the list of organizations bofore submitting tllem to the Primo Minister tor consideration and decision. 2. Bases for quality examination of products and goods on the llst prescribed in Clause 1 of this Article arc law provisions related to requirements on assurance of quality, safety, hygiene and human health, environment and other subjects under law provisions. Arlicle 25.- Methods and use of the results of announcement and recognition of product and goods quality in product and goods quality examination activities ·1, The examination of product and goods quality shall be conducted through methods prescribed by the spocialized management ministries, in conformity with tlie assigned management domains prescribed in Clause 1, Article 23 of this Decree and the guidance of relevant international or regional standard iza tio n organizations, with Vietnam's practical conditions taken into account. 2. To encourage the use of results of standard compatibility announcement by production/ business organizations and individuals, which have already been certified by the State managernent agencies and results of standmd compatibility certification by product and goods quality·certifying organizations, in i,urvico ot product and noods quality examinatior1. Article 2(; ... Product nnd good~1 quality• oxamininn orqaniwtions 1. Organizalionn designated to oxamine product and goods quality includes: a/ Non-business organizations providing technical services, belonging to the specialized management ministries; b/ Expertise service business organizations set up under the Government's Decree No. 20/1999/ N D-CP of April 12, 1999 on goods o xpe rtise service business, which are evaluated and recognized by recognizing organizations prescribed in Article 15 of tllis Dec:ree as being compatible with international standards for quality expertizing organizations. Organizations examining product and goods quality must fully meet the conditions prescribed by the Ministry of Science and Technology and specialized management ministries. 2. The Ministry of Science and Technology shall coordinate with the specialized management ministries in specifying conditions and procedureR for designation of organizations to examine product and goods quality. Article 27.- Examination of quality of products and goods circulated on the market, and import and export ooods 1. Product and goods quality management agencies stiall, based on the list of products and goods subject to quality examination prescribed in Article 24 of !hi:-; Docreo, have to organize the examination of quo.lily of products and goodf> circulated on tl1e domestic markot as well as import and export floods. 2, Products and nood,;; imported for consumption in Vietnam mw,t comply with the reoulations on quality of products and noods circulated on tt1e domestic market. In casus whom !he quality of productr; and noods ci1·culated on the market and of export goodB foils to conform to regulations, the proc!uct and goods quality management agencies defined in Chapter V of this Decree shall have the power to suspend the circulation of such products and/or goods on the market and handle them according to law provisions. 3. The quality of products and goods exported from Vietnam to foreign countries shall be agreed upon by the concerned parties, which, however, must not be contrary to international agreements which Vietnam has signed. Vietnam's products and goods exported to foreign countries but returned must comply with law provisions on the quality of products and goods circulated domestically. Article 28.- Exemption or reduction of examination of product and goods quality ·1. Products and goods on the list of those subject to quality examination according to the provisions of Clause 1, Article 24 of this Decree shall enjoy quality examination exemption or reduction in the following cases: a/ Products and goods with quality certified by quality-certifying organizations prescribed in Article 14 of th is Decree as being co mpati bte with Vietnam standards, branch standards or other standards. b/ Import products and goods enclosed with standard-compatibility certificates or stamps of exporting countries, recognized by Vietnam under treaties or agreements on mutual reco~JniHon of standards and standard compatibility, which Vietnam has signed or acceded to. c/ Produc;ts and goods of production/btrninoss organizations and individuals having quality mananen1t;r1t systems corlified by cel'lifying ornanizations prescribed in Article ·1 4 of this Decree, 2. Products and goods enjoying examination exemption or reduction as mentioned above may be subject to extraordinary examination if signs of violations of thH legislation on product and goods quality management a re detected. Basing themselves on the examination results, the management agencies prescribed in Chapter V of this Decree stia!J decide on cancellation or continuation of exemption or reduction of quality examination of such products and/or goods. Article 29.- Guidance for implementation of product and goods quality examination mechanism The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the relevant specialized management agencies in, guiding the implementation of the regulation on product and goods quality examination prescribed in Chapter VI of this Decree. Chapter VII PRODUCT AND GOODS QUALITY SPECIALIZED INSPECTORATE Article 30.- The product and goods quality spocializod inspectorate 1. Tho product and goods quality inspectorate is the specialized inspectorate. 2. The contents of product and goods quality spec;ia!ized inspection cover the inspection of observance of the legislation on product and goods quality, the sanctioning, the application or reqw~st for application, according to competence, measures to pmvont and stop acts of violatin9 the lqJiiilntion 011 product aml uoods quality. The inspuction ,dinll ho cond11ctod by in.spection teams or i11spr-)ctor'., 3. T!io rnodu of, and pr(Jr;odures for, t,pccicdiL'.cd im,pc-iction of product and qoods qua\ily t::;\\i\l! comply with law provisions on im;pcction. Article 31.- Tasks of product and goods quality i;pecialiJ:ed inspcctorato Product and 9oods quality specialized inspectorate stiall have the following tasks: 1. ro participate in the formulation of logfll documents on product and goods quality; formulation of product and goods inspection programs and plans and submit them to competent agencies for decision; 2. To provide professional training on product and goods quality inspection for product and goods quality specialized inspectors; 3. To receive complaints and denunciations; verify, conclude and propose measures for the settlement of such complaints and denunciations according to law provisions; 4. To inspect and make conclusions on tile implementation of IRW provisions on product and goods qua.lily; 5. To sanction administrative violations regarding product and goods quality under law provisions. Article 32.~ f-:iowers of product and goods qunlity specialized inspectorate Tile product and goods quality spGcialized inspectorate shall have tho power to: 1, Propose tile heads of agencies of the i,mne level or superior inspection organizations to lake post-inspection proventive and lianc!lin~J 1m.>as1.110~;: 2. Hoque~,! concerned or9anilatio11s and individuuls to provido nocu~:~,my infomwtion and documents 111 ::urvico of tho im;p(,ction work, and wqucst rolnv.int aqo11cios and oruanizations to appoint pumoni, to taku part in the inspection work; 3. Sw,pcnd tilt" execution of decisions of aw111ci0s and units urH.!tn the rnanagcment hy agoncios of tho sarno level or of subordinate levels that arc related to tllo inspection cases, affairs or subjects, ii cloominn that the execution of such decisions otn,tructs the inspection; 4. Suspond acts ol violating the regulations on product and goods quality and the managemnnt thereof if deornfng that such acts violate laws, cause harms or threaten to cause harms to the State's inter-e~;ts or tho legitimate ri(Jhts and interests of agencies, organizations and/or citizens; 5. Sea! up c1ocurnents and distrain assets; request competent agencies to temporarily seize money or objects, to invalidate or witt1draw relevant written certifications or certificates in cases where tt1ere are grounds to confirm law violations which rnust be prevented or handled promptly by appropriate measures; 6. Solicit expertise; 7. Apply preventive measures and sanctions accordinn to law provisions on the handling of adrninist ra \ive violations; 8. Transfer dossiers of law violation acts to tile criminal investigation agency for handling according to law provisiom; if deeminn that there are signs of crirnos; 9. f)roduct nnd goods quality spoda!ized inspectors shall be granted inspector cards and equippocl with uniforrns; 10. The product and 9oods quality specialized ini,pectorato shall lio ontitlr:,d to Llf,e its own seal in its inspoction activitioi, and rnny open custody accou11tB al 1/w Stuto tmnsurin.•,: 1-1. To oxorciso other power'., 111Hter law provisions, Artie If! 33.-- E:xecution of rc,qum,tI, ;md decisions of p rnd uct a nci goods quality ~,rrncialized i m:; p D ctorate Orr;anizations and individuals beinQ inspection subjects or related to inspection of product and good~; quality shall have to exE-)cute requests, proprn:;als and decisions on inspection according to !aw provisions, create conditions for inspectin~J organizations and inspectors to fulfil their tasks; inspection subjects mentioned in this Article shall tiavH tho right to explain and complain about conclusions, proposals and/or decisions of inspectors according to law provisions. Article 34.- Organization of product and goods quality specialized inspection 1. The specialized inspectorates of the ministries and branches shall perform the function of product and goods quality inspection within the ambit and in the domains assigned to them for management according to the provisions of Article 23 of this Decree. 2. The Ministry of Science and Technology shall perform the function of product and goods quality specialized inspection according to their assigned tasks and decentralized powers; and formulate a system of product and goods quality specialized inspectorates to be submitted to the Government for consideration and decision. 3. The Ministry of Science and Tectmology shall assume the prime responsibility for, and coordinate with the State Inspectorate in, providing detailed guidance for product and goods quality inspection activities of the ministries and branches according to the provisions of Clause 1 of tt1is Articlr; and of product and goods quality specialized inspocton:1tea prescribed in Clause?. of this Article. Chapter VIII SANCTIONING OF LAW VIOLATIONS RE'.GMHJING PHODUCT AND GOODS QUAl.lTY Article .15.- Sanctioning of violations of p rodu ctio n/bu sin ess organ iza tio n s and in divid l I a Is ·1. Individuals and organizations that violate law provisions on management of product and goods quality shal!, depending on the nature and seriousness of their violations, be sanctioned for administrative violations or examined for penal liability and, if causing damage, pay compensation therefor under law provisions; 2. The sanctioning of administrative violations regarding product and goods quality shall comply with a separate decree of the Government. Article 36.- Sanctioning of violations of organizations and individuals belonging to State management agencies Persons who abuse their positions and/or powers to obstruct !awful activities or violate the legislation on product and goods quality shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability and, if causing damage, have to pay compensation therefor under law provisions. Article 37.- Settlement of complaints and denunciations Competent organizations and agencies shall tiave to settle complaints and denunciations about product and goods quality according to law provisions on complaints and denunciations, tho legislation on product and goods quality and relevant law provisions. Chapter IX IMPLEMENTATION PROVISIONS ,t\rliclo :18.·· lmplornontntion of/eel Thi.c; Decree takes uffoct 1 b dny::, ciftr,r it,., publication in the Official (i1:1zcttc. ·1•110 prnviow; rogulntiom, contrnry to thir, Decree aw hereby annulled. Tile Ministor of Scinnc:o and Tochnology ~,l1al! have to guide tho implementation of this Decree. Article 39.- Implementation responsibility The ministem, the heads of the rninistoriaHevel ngencies, the heads of tl1e Government-attached agencies and 1110 presidents of U,e People's Committees of the provinces and centrally-run cities shall have to implement this Decree. On behalf of the Government Prime Minister PHAN VAN KHAI