Chương 4 Luật chất lượng sản phẩm, hàng hóa 2007: Kiểm tra, thanh tra về chất lượng sản phẩm, hàng hóa

Chapter 4

EXAMINATION, INSPECTION OF PRODUCT AND GOODS QUALITY

Section 1. EXAMINATION OF PRODUCT AND GOODS QUALITY

Article 45. Assignment of responsibilities among product and goods quality examination agencies

1. Product and goods quality examination agencies under line ministries shall examine the quality of products in production within their assigned scope defined in Clause 1, Article 70 of this Law and goods in import, export, circulation on the market or use process within their assigned scope defined in Clause 5, Article 18, and Clause 2, Article 70 of this Law.

2. Product and goods quality examination agencies under the Ministry of Science and Technology shall examine the quality of products in production within their assigned scope prescribed in Clause 1, Article 70 of this Law as well as goods imported, exported or circulated on the market and goods in the use process within their assigned scope prescribed in Clause 4, Article 69 of this Law.

3. Product and goods quality examination agencies under provincial/municipal Peoples Committees shall examine product and goods quality in their respective localities according to regulations of line ministries.

4. Product and goods quality examination agencies defined in Clauses 1 and 2 of this Article shall coordinate with product and goods quality examination agencies under provincial/municipal Peoples Committees and concerned agencies in examining product and goods quality.

Article 46. Powers of product and goods quality examination agencies

Within the scope of their tasks and powers, product and goods quality examination agencies have the following powers:

1. To decide on setting up examination teams or assign quality controllers to conduct regular or extraordinary examination.

2. To warn about the failure to ensure product and goods quality.

3. To handle violations during the examination according to Articles 30, 36 and 40 of this Law.

4. To settle complaints and denunciations about decisions of examination teams or quality controllers in accordance-with the law on complaints and denunciations.

Article 47. Tasks of product and goods quality examination agencies

Within the ambit of their tasks and powers, product and goods quality examination agencies have the following tasks:

1. To identify specific categories of goods in order to examine their quality.

2. To work out annual examination plans to be submitted to competent state agencies for decision.

3. To receive importers dossiers of registration for quality examination.

4. To certify conditions for ensuring the quality of imported goods.

5. To make and submit to competent state agencies decision on building a contingent of quality controllers and equipping technical facilities to meet the requirements of product and goods quality examination.

6. To issue handling decisions within 3 working days after receiving reports from examination teams or quality controllers on production suspension, sealing of goods or sale suspension.

7. To ensure objectivity, accuracy, publicity, transparency and non-discrimination in the examination of product and goods quality.

8. To keep secret inspection results pending the release of official conclusions, information and documents related to inspected production and business organizations or individuals.

9. To take responsibility before law for examination results and related conclusions.

Article 48. Examination teams

1. Examination teams are set up under decisions of heads of product and goods quality examination agencies, based on the examination programs or plans already approved by competent state agencies or upon extraordinary examination request.

2. An examination team must have at least 50% of its members who are quality controllers.

Article 49.Tasks and powers of examination teams

During the examination of product and goods quality, an examination team has the following tasks and powers:

1. To request production and business organizations or individuals to produce documents related to products and goods according to examination contents specified in Article 27 and handle violations during the examination according to Articles 30 and 40 of this Law; when necessary, to request production and business organizations or individuals to supply copies of documents specified-in this Clause.

2. To take samples for testing when necessary.

3. To seal goods and suspend the sale of unconformable goods on the market in the process of examination.

4. To request organizations or individuals producing and/or trading in goods which fail to conform to announced applicable standards or relevant technical regulations to take remedies or repair the goods.

5. To propose the product and goods quality examination agency to handle violations according to their competence prescribed in Article 46 of this Law.

6. To ensure the principles of objectivity, accuracy and non-discrimination while conducting examination.

7. To keep secret examination results and information related to inspected production and business organizations or individuals.

8. To report accurately and promptly examination results to the product and goods quality examination agency.

9. To take responsibility before law for examination results, conclusions and the handling of violations.

Article 50. Quality controllers

1. Quality controllers are public employees appointed to the rank of quality controller in product and goods quality examination agencies.

2. Criteria, mechanisms for and appointment of quality controllers shall be prescribed by the Government.

Article 51. Tasks and powers of quality controllers

During the examination of product and goods quality, quality controllers have the following tasks and powers:

1. To request production and business organizations or individuals to produce documents related to products and goods according to examination contents specified in Clause 2 of Article 27 and handle violations during the examination according to Article 40 of this Law; when necessary, to request production and business organizations of individuals to supply copies of documents specified in this Clause.

2. To seal, suspend sale of. unconformable goods on the market during the examination.

3. To request organizations and individuals that produce and/or trade in products or goods which fail to conform to announced applicable standards or relevant technical regulations to take remedies or repair the goods.

4. To propose product and goods quality examination agencies to handle violations according to their competence defined in Article 46 of this Law.

5. To ensure the principles of objectivity, accuracy and non-discrimination while conducting examination.

6. To keep secret examination results and information related to inspected production and business organizations or individuals.

7. To report accurately and promptly examination results to product and goods quality examination agencies.

8. To take responsibility before law for examination results, conclusions and handling of violations.

Section 2. PRODUCT AND GOODS QUALITY INSPECTORATE

Article 52. Product and goods quality inspectorate

1. The product and goods quality inspectorate is a specialized inspectorate.

2. Inspection is conducted in accordance with the inspection law.

3. The Government shall specify the organization and operation of the product and goods quality inspectorate.

Article 53. Tasks and subjects of product and goods quality inspection

1. The product and goods quality inspectorate is tasked to inspect the observance of law by organizations and individuals producing and/or trading in products and goods and organizations and individuals conducting product and goods quality-related activities.

2. Subject to product and goods quality inspection are production and business organizations and individuals, consumers, conformity evaluation organizations, professional organizations, consumer interest-protecting organization and product and goods inspection agencies.