Chương 3 Luật chất lượng sản phẩm, hàng hóa 2007: Quản lý chất lượng sản phẩm, hàng hóa trong sản xuất, xuất khẩu, nhập khẩu, lưu thông trên thị trường và trong quá trình sử dụng

Chapter 3

CONTROL OF PRODUCT AND GOODS QUALITY IN PRODUCTION, IMPORT, EXPORT, CIRCULATION ON MARKET, AND USE

Section 1. GENERAL PROVISIONS ON MEASURES FOR PRODUCT AND GOODS QUALITY CONTROL

Article 23. Announcement of applicable standards

1. Producers and importers shall announce fundamental properties, warning information and standard codes on goods on one of the following:

a/ Goods packing;

b/ Goods labels;

c/ Documents accompanying products or goods.

2. Contents of announced applicable standards must not be contrary to the requirements under technical regulations promulgated by competent state agencies.

Article 24. Announcement of conformity

1. Producers shall announce their products conformity with the set standards (below referred to as standard-conformity announcement) or with technical regulations (below referred to as regulation-conformity announcement).

2. Announcement of standard- or regulation-conformity must comply with legal provisions on standards and technical regulations.

Article 25. Conformity evaluation

1. Test is prescribed as follows:

a/ Test in service of operations of production and business organizations and individuals is conducted according to agreements with testing organizations:

b/ Test in service of state management is conducted at designated laboratories.

2. Inspection is prescribed as follows:

a/ Inspection for commercial purposes is conducted by inspection organizations according to agreements with organizations or individuals that request inspection:

b/ Inspection in service of state management is conducted by designated inspection organizations.

3. Certification is prescribed as follows:

a/ Standard-conformity certification is conducted according to agreements between organizations or individuals requesting certification and certification organizations;

b/ Regulation-conformity certification is conducted by designated certification organizations.

4. Verification is prescribed as follows:

a/ Verification includes periodical and extraordinary verification.

b/ Verification must be conducted by designated verification organizations.

5. Conformity evaluation organizations must meet the following conditions:

a/ Being duly organized and capable to meet general requirements under relevant national or international standards;

b/ Establishing and maintaining an appropriate management system conforming to requirements under relevant national or international standards;

c/ Registering the field of conformity evaluation with a competent state agency.

Article 26. Recognition of conformity evaluation results

1. Recognition of conformity evaluation results between organizations and individuals in Vietnam and others in foreign countries or territories shall be agreed upon by concerned parties.

2. Recognition of conformity evaluation results in service of state management complies with treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements to which a competent state agency of the Socialist Republic of Vietnam is a signatory.

Article 27. Examination of product and goods quality

1. Examination of product quality in production covers the following contents:

a/ Examining the application of requirements under technical regulations related to conditions of production processes and measures for state control of production quality;

b/ Examining conformity evaluation results, goods labels, standard - or regulation-conformity stamps and documents accompanying products subject to examination:

c/ Testing samples according to announced applicable standards or relevant technical regulations, when necessary.

2. Examination of goods quality in import or circulation on the market covers the following contents:

a/ Examining conformity evaluation results, goods labels, standard - or regulation-conformity stamps and documents accompanying products or goods subject to examination;

b/ Testing samples according to announced applicable standards or relevant technical regulations when necessary.

3. Examination of product and goods quality is conducted by product and goods quality examination agencies specified in Article 45 of this Law.

4. The exemption or reduction of examination of the quality of products and goods for which standard- or regulation-conformity has been certified or announced or to which advanced control systems have been applied according to international or regional standards and certified comply with regulations of line ministries.

Section 2. CONTROL OF PRODUCT QUALITY IN PRODUCTION

Article 28. Conditions for ensuring the quality of products in production before they are put on the market

1. Producers must abide by requirements on product quality control in production as follows:

a/ To apply control systems in order to ensure that the quality of their products conform to announced applicable standards or relevant technical regulations;

b/ To announce applicable standards according to Article 23 of this Law and label goods according to the law on goods labeling;

c/ To opt for conformity certification and announce standard conformity for group-1 products:

d/ To comply with technical regulations related to the production process, certification of regulation conformity and announcement of regulation conformity according to relevant technical regulations applicable to group-2 products.

2. The assurance of quality of products of small-sized production and business before they are put on the market complies with regulations of line ministries.

Article 29. Examination of product quality in production

1. Examination of product quality in production shall be conducted in one of the following cases:

a/ Exported goods fail to ensure the quality as prescribed in Article 32 of this Law;

b/ Goods circulated on the market fail to conform to announced applicable standards or relevant technical criteria specified in Clause 3, Article 40 of this Law.

2. Examination of product quality in production shall be conducted by product and goods quality examination agencies in the form of inspection team according to Article 48 of this Law.

3. The order and procedures for examination of product quality in production are prescribed as follows:

a/ Producing the examination decision;

b/ Conducting examination according to the contents specified in Clause 1. Article 27 of this Law;

c/ Making an examination minutes:

d/ Notifying producers and reporting to product and goods quality examination agency of the examination results;

e/ Handling violations according to Article 30 of this Law.

Article 30. Handling of violations in the process of examination of product quality in production

1. Through the examination of product quality in production, if a producer is detected to fail to comply with requirements of announced applicable standards or relevant technical regulations for products and conditions related to the production process, the producer shall be handled as follows:

a/ The examination team shall ask the producer to take remedies or repair the products to ensure their quality before they are put on the market:

b/ If the producer continues committing violations despite the examination teams request, the product and goods quality examination agency shall, within 7 working days after making conclusions on violations of the production and business organization or individual, announce on the mass media the name and address of the producer, the appellations of unconformable products and the extent of their unconformity:

c/ If the producer still commits violations after his/her/its name is announced on the mass media, the goods and product quality examination agency shall propose a competent state agency to handle violations in accordance with law.

2. During the examination of product quality in production, if testing results show that products are unconformable with announced applicable standards or relevant technical regulations, threatening the safety of people, animals, plants, assets or the environment, the goods and product quality examination agency shall announce those results on the mass media, suspend the production of unconformable products and propose a competent state agency to handle violations in accordance with law.

Article 31. Costs of testing and certification of standard or regulation conformity

Producers shall pay costs of testing and certification of standard or regulation conformity under agreements with testing organizations or organizations certifying standard or regulation conformity.

Section 3. CONTROL OF EXPORTED GOODSQUALITY

Article 32. Conditions for ensuring exported goods quality

1. Goods exporters must ensure that exported goods comply with regulations of importing countries, contracts or international treaties or agreements on mutual recognition of conformity results with related countries or territories.

2. Producers must apply relevant technical regulations to the production process or form and apply by themselves control systems in order to ensure the quality of their products.

Article 33. Measures to handle exported goods which fail to meet export conditions

For goods which fail to meet the export conditions specified in Clause 1, .Article 32 of this Law, and therefore, cannot be exported or are returned, the goods and product quality examination agency shall, depending on the nature and severity of violations, apply one or several of the following handling measures:

1. Taking measures to examine product quality in production according to the contents specified in Clause 1 of Article 27 and the order and procedures specified in Clause 3, Article 29 of this Law with regard to export goods which fail to ensure their quality, thus affecting the national interests and prestige.

2. Allowing the circulation of goods on the market if their quality conforms to relevant technical regulations of Vietnam.

3. Requesting producers to remedy or repair goods so that they may continue to be exported or circulated on the Vietnamese market after satisfying relevant technical regulations.

4. Proposing competent state agencies to issue destruction decisions.

Section 4. CONTROL OF IMPORTED GOODSQUALITY

Article 34. Conditions for ensuring imported goods quality

1. Imported goods must have their applicable standards announced according to Article 23 of this Law and be labeled according to the labeling law.

2. Imported group-2 goods must be announced in terms of regulation conformity and certified in terms of conformity with relevant technical regulations related to the production process and end products by designated or accredited certification organizations according to Article 26 of this Law.

3. When imported, group-2 goods which fail to comply with Clause 2 of this Article must be inspected at the border gates of export or import by designated or accredited inspection organizations.

4. When imported, group-2 goods must have quality examined according to the contents specified in Clause 2 of Article 27 and the order and procedures specified in Article 35 of this Law.

Article 35. Order and procedures for examination of imported goods quality

1. Product and goods quality examination agencies shall conduct examination according to the following order and procedures:

a/ Receiving importers dossiers of registration for quality examination, each comprising a written registration of quality examination, a copy of the authenticated quality certificate, related technical documents, a copy of the sale and purchase contract and a list of goods accompanying the contract;

b/ Considering the validity and completeness of examination registration dossiers upon their receipt from importers;

c/ Conducting examination according to the contents specified in Clause 2, Article 27 of this Law;

d/ Notifying examination results to importers, certifying that the goods meet the quality requirements so that they can proceed with import procedures at customs agencies;

e/ Handling violations during the examination according to Article 36 of this Law.

2. Based on the provisions of Clause 1 of this Article, line ministries shall specify the order and procedures for examination of imported goods which fall within their assigned management competence defined in Clause 5 of Article 68, Clause 4 of Article 69, and Clause 2 of Article 70 of this Law.

Article 36. Handling of violations during examination of imported goods quality

1. For goods having certificates of conformity evaluation results but failing to meet the requirements on labeling, standard - or regulation-conformity stamps, product and goods quality examination agencies shall request importers to remedy them before making certification for those importers to carry out import procedures at customs agencies.

2. If goods meet labeling requirements but having no certificates of conformity evaluation results, product and goods quality examination agencies shall request importers to select one of designated or accredited inspection organizations to conduct evaluation and grant import certificates at the border gates of import or export.

3. If goods quality testing or inspection results show that the goods fail to conform to announced applicable standards or relevant technical regulations of Vietnam, product and goods quality examination agencies shall report and propose handling measures to competent state agencies; depending on the nature and severity of violations of quality control requirements, competent state agencies shall decide on compulsory re-export, destruction or reprocessing of the goods, and at the same time, notify such to customs agencies for coordinated handling and to importers for implementation.

4. After customs clearance, imported goods may be circulated on the market and subject to quality examination under the provisions of Section 5 of this Chapter.

Article 37. Costs and fees of examination of import goods quality

1. Importers shall pay testing and inspection costs as agreed upon with quality testing or inspection organizations.

2. Importers shall pay fees for Inspection of imported goods quality.

3. The Ministry of Finance shall specify levels, the collection and management of fees for examination of imported good quality.

Section 5. CONTROL OF QUALITY OF GOODS CIRCULATED ON THE MARKET

Article 38. Conditions for ensuring the quality of goods circulated on the market

Sellers of goods circulated on the market must meet the following requirements on management of goods quality:

1. To observe relevant technical regulations in the process of circulation of goods or apply by themselves quality control measures in order to maintain the quality of goods they sell.

2. To submit to goods quality examination according to contents specified in Clause 2 of Article 27; the order and procedures specified in Article 39; and the handling of violations of law specified in Article 40 of this Law.

Article 39. Order and procedures for examination of the quality of goods circulated on the market

1. An inspection team shall conduct examination according to the following order and
procedures:

a/ Producing the examination decision before examination;

b/ Conducting examination according to the contents specified in Clause 2, Article 27 of this Law;

c/ Making an examination record;

d/ Notifying examination results to the seller and reporting thereon to product and goods quality examination agency;

e/ Handling violations according to Article 40 of this Law.

2. A quality controller shall conduct independent examination according to the following order and procedures:

a/ Producing the controllers card before examination:

b/ Conducting examination according to the contents specified in Clause 2, Article 27 of this Law;

c/ Making an examination record;

d/ Notifying examination results to the seller and reporting thereon to product and goods quality examination agency;

e/ Handling violations under the provisions of Article 40 of this Law.

Article 40. Handling of violations during the examination of quality of goods circulated on the market

1. During the examination of quality of goods circulated on the market, if detecting that the goods fail to meet the requirements on labeling, standard-or regulation-conformity stamps, quality control measures under relevant technical regulations and conditions related to the production process, examination teams or quality controllers shall handle violations according to the following steps:

a/ Requesting sellers to suspend the sale of goods and report thereon within 24 hours to product and goods quality examination agencies for handling according to their competence;

b/ Requesting sellers to contact producers or importers in order to take remedies, or repair the goods;

c/ If the sellers continue violations, at the request of examination teams or quality controllers, product and goods quality examination agencies shall, within 7 working days after obtaining conclusions on violations of production and business organizations or individuals, announce on the mass media the names of the sellers, addresses of goods selling places, appellations of goods, and extent of their unconformity with the set regulations or standards:

d/ If the sellers continue violations despite the public announcement, product and goods quality examination agencies shall propose competent state agencies to handle them in accordance with law.

2. If the goods sample-testing results do not conform to announced applicable standards or relevant technical regulations, depending on the nature and severity of violations, examination teams or quality controllers shall apply the following handling measures:

a/ Sealing the goods, not permitting the sellers to continue selling the goods and, within 24 hours, reporting to product and goods quality examination agencies for handling according to their competence;

b/ Requesting sellers to contact producers or importers in order to take remedies or repair the goods;

c/ If sellers continue violations or the goods which are unconformable to announced applicable standards or relevant regulations threaten the safety of humans, animals, plants, assets or the environment, product and goods quality examination agencies shall announce on the mass media the names and addresses of business organizations or individuals, appellations of the goods, and extent of their unconformity with the set regulations or standards;

d/ If sellers continue violations despite the public announcement, product and goods quality examination agencies shall propose competent state agencies to handle violations in accordance with law.

3. If detecting that goods circulated on the market fail to conform to announced applicable standards or relevant technical regulations, depending on the nature and severity of violations, product and goods quality examination agencies shall examine product quality according to the contents specified in Clause I, Article 27 of this Law.

Article 41. Costs of sample taking and testing for quality examination and settlement of complaints and denunciations about product and goods quality

1. Costs of sample taking and testing for examination of the quality of products in production and goods circulated on the market shall be paid by product and goods quality examination agencies which decide on sample taking and testing of product and goods quality. Sample taking and testing costs shall be included in operation fund estimates of product and goods quality examination agencies.

2. Based on testing results, if product and goods quality examination agencies conclude that producers or sellers violate regulations on product and goods quality, those producers or sellers shall pay costs of sample taking and testing of product and goods quality to product and goods quality-examination agencies.

3. Incase of complaints or denunciations about the quality of products or goods but product and goods quality examination agencies conclude that those complaints or denunciations are wrong, the complainants or denouncers shall pay costs of sample taking and testing of product and goods quality to product and goods quality examination agencies.

Section 6. CONTROL OF GOODS QUALITY IN THE USE PROCESS

Article 42. Conditions for ensuring the quality of goods in the use process

1. Goods must be used, transported, stored, preserved, maintained and cared for in accordance with producers instructions.

2. Goods must be verified according to relevant technical regulations promulgated by competent state management agencies.

Article 43. Handling of verification results

1. After being verified, goods which satisfy relevant technical regulations may further be used in a period specified by those regulations.

2. If the verification shows that goods fail to satisfy relevant technical regulations, their owners shall take remedies; if after remedies have been applied, verification results still show that the goods are unconformable, verifying organizations will not grant verification certificates and the goods must not be used any more.

Article 44. Fee of goods verification in the use process

1. The verification of goods in the use process is liable to a fee.

2. The Ministry of Finance shall specify the levels, collection and management of fees for goods verification in the use process.