Chương 6 Luật chất lượng sản phẩm, hàng hóa 2007: Trách nhiệm quản lý nhà nước về chất lượng sản phẩm, hàng hóa

Chapter 6

RESPONSIBILITIES FOR STATE CONTROL OF PRODUCT AND GOODS QUALITY

Article 68. Responsibilities for state control of product and goods quality

1. The Government shall exercise the unified state control of product and goods quality throughout the country.

2. The Ministry of Science and Technology shall take responsibility before the Government for unified control of product and goods quality.

3. Line ministries shall, within the scope of their tasks and powers, coordinate with the Ministry of Science and Technology in performing the task of state control of product and goods quality.

4. Peoples Committees at all levels shall exercise the state control of product and goods quality in their localities under the Governments decentralization.

5. Based on the socio-economic development situation and state control requirements for product and goods quality in each period, the Government shall specify state control responsibilities of each line ministry for products and goods which are not yet specified in Clause 2, Article 70 of this Law.

Article 69. State management responsibilities of the Ministry of Science and Technology

1. To formulate and promulgate or submit to the Government for promulgation, and organize the implementation of, policies, strategies, planning, plans and legal documents on product and goods quality.

2. To-assume the prime responsibility for, and coordinate with line ministries and provincial/ municipal Peoples Committees in, elaborating and submitting to competent authorities for approval and organize the implementation of a national program on raising the productivity, quality and competitiveness of products and goods.

3. To exercise the state control of product quality in production according to Clause 1, Article 70 of this Law.

4. To organize and direct activities of state control of the quality of goods imported, exported or circulated on the market in the use process related to radiation safety, nuclear safety, measuring equipment, and other goods, except for goods falling within responsibilities of line ministries defined in Clause 2, Article 70 of this Law.

5. To assume the prime responsibility for, and coordinate with line ministries in, formulating and organizing the application of measures for state control of quality, regulations on management or designation of conformity evaluation organizations, with regard to products in production and goods imported, exported or circulated on the market; organize international cooperation on product and goods quality.

6. To assume the prime responsibility for organizing evaluation, propose forms of honoring or rewarding at the national level products and goods of organizations and individuals with outstanding achievements in terms of product and goods quality; provide conditions and procedures for awarding product and goods quality prizes to organizations and individuals.

7. To monitor, make statistics and review the situation of management of product and goods quality throughout the country; to propagate and disseminate the law, organize training in, popularize knowledge and information about product and goods quality and control of product and goods quality.

8. To supervise the observance of the law on product and goods quality; to settle complaints and denunciations about, and handle violations of the law on, product and goods quality in the assigned domains.

Article 70. State control responsibilities of line ministries

1. Line ministries shall exercise the state control of product and goods quality in their assigned domains, having the following responsibilities:

a/ Formulating, promulgating or submitting to the Government for promulgation, and organizing the implementation of, policies, strategies, planning, plans or development programs on raising product and goods quality;

b/ To formulate, promulgate, and organize the implementation of, legal documents on product and goods quality in conformity with specific requirements and tasks of ministries and branches;

c/ To organize and direct activities of state control of product and goods quality;

d/ To designate and manage operations of conformity evaluation organizations to meet the requirements of state control of product and goods quality;

e/ To inspect the observance of the law on product and goods quality; to settle complaints and denunciations about, and handle violations of the law on, product and goods quality within the scope of their tasks and powers;

f/ To monitor, make statistics and review the situation of product and goods quality control; to propagate, disseminate and guide the law on product and goods quality; to assist production and business organizations and individuals in getting information on product and goods quality;

g/ To coordinate with the Ministry of Science and Technology in organizing the implementation of international treaties or agreements on mutual recognition of conformity evaluation results;

2. Responsibilities for state control of the quality of imported, exported or marketed products and goods which are capable of causing unsafe in their use process, are defined as follows:

a/ The Ministry of Health shall take responsibility for foods, pharmaceuticals, vaccines, medical bio-products, cosmetics, drug materials, drugs for human use. domestic chemicals, insecticides, disinfectants and medical equipment and facilities;

b/ The Ministry of Agriculture and Rural Development shall take responsibility for plants, animals, fertilizers, animal feeds, plant protection drugs, veterinary drugs, bio-products for use in agriculture, forestry or aquaculture, irrigation works. and dykes:

c/ The Ministry of Transport shall take responsibility for means of transport, loading and unloading means and equipment, specialized transport equipment for construction, marine exploration and exploitation equipment, and traffic works;

d/ The Ministry of Industry and Trade shall take responsibility for pressure equipment, lifting equipment for industrial use. chemicals, industrial explosives, oil and gas mining equipment, except for marine exploration and exploitation equipment and facilities:

e/ The Ministry of Construction shall take responsibility for civil works, industrial works and technical infrastructure works;

f/ The Ministry of Defense shall take responsibility for military equipment and facilities, ammunitions, weapons and products in service of defense, and defense works;

g/ The Ministry of Public Security shall take responsibility for fire prevention and fighting equipment; technical equipment, ammunitions, weapons, support instruments, except for those specified at Point f of this Clause.