Chương 2 Nghị định 107/2016/NĐ-CP quy định về điều kiện kinh doanh dịch vụ đánh giá sự phù hợp: Điều kiện kinh doanh dịch vụ thử nghiệm

Chapter II

CONDITIONS FOR PROVISION OF TESTING SERVICES

Article 5. Conditions for provision of product and goods quality testing services

1. Being a lawfully established organization.

2. Having a control system and operation capacity meeting the requirements set out in national standard TCVN ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005 or national and international standards applicable to specialized testing.

3. Having at least four official testers (public employees or employees working under contracts with a term of 12 months or longer or with an indefinite term), who have been trained in national standard TCVN ISO/IEC 17025:2007 or international standard ISO/ IEC 17025:2005 or national and international standards applicable to specialized testing.

In case of adding an area of testing, having at least two official testers (public employees or employees working under contracts with a term of 12 months or longer or with an indefinite term) corresponding to the added area, who have been trained in national standard TCVN ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005 or national and international standards applicable to specialized testing.

4. Having testing and measurement machinery, equipment and devices as required by law and testing activities.

Article 6. Dossier of application for a certificate of registration of product and goods quality testing operations

1. Dossier-receiving agencies:

Dossier-receiving agencies shall receive dossiers of registration for testing operations according to the principles prescribed in Article 4 of this Decree.

2. For grant of a new certificate, a dossier must comprise:

a/ A written request for testing operation registration, made according to Form No. 1 provided in the Appendix to this Decree;

b/ A copy of the establishment decision or enterprise registration certificate or investment registration certificate;

c/ A list of testers, made according to Form No. 02 provided in the Appendix to this Decree, together with their relevant certificates and documents, including a copy of the recruitment decision or labor contract and copies of relevant training certificates prescribed in Clause 3, Article 5 of this Decree;

d/ A list of testing and measurement machinery, equipment and devices for the registered testing area, made according to Form No. 04 provided in the Appendix to this Decree;

dd/ Documents proving the organization’s testing capacity meeting the requirements set out in Clause 2, Article 5 of this Decree, specifically as follows:

If having had its testing operations accredited by an accreditation organization defined in Article 21 of this Decree or by a foreign accreditation organization defined in Article 25 of this Decree, the testing organization shall submit a copy of the accreditation certificate stating the scope of its accredited activities.

If its testing operations have not yet been accredited, the testing organization shall submit documents, testing processes and other relevant documents to prove that its operation capacity meets the requirements of the corresponding standard as prescribed in Clause 2, Article 5 of this Decree.

e/ A form of the testing result slip.

3. For grant of a modified certificate, a dossier must comprise:

a/ A written request for addition and modification of testing operations, made according to Form No. 05 provided in the Appendix to this Decree;

b/ A revised list of testers, made according to Form No. 02 provided in the Appendix to this Decree and their relevant certificates and documents, including a copy of the recruitment decision or labor contract and a copy of a relevant training certificate prescribed in Clause 3, Article 5 of this Decree;

c/ A revised list of testing and measurement machinery, equipment and devices for the registered testing area, made according to Form No. 04 provided in the Appendix to this Decree;

d/ Documents proving the organization’s capacity to carry out the added and modified testing operations meets the requirements set out in Clause 2, Article 5 of this Decree, specifically as follows:

If having had its testing operations accredited by an accreditation organization defined in Article 21 of this Decree or by a foreign accreditation organization defined in Article 25 of this Decree, the testing organization shall submit a copy of the accreditation certificate stating the scope of its accredited activities.

If its testing operations have not yet been accredited, the testing organization shall submit documents, testing processes and other relevant documents to prove that its operation capacity meets the requirements of the corresponding standard as prescribed in Clause 2, Article 5 of this Decree.

4. For re-grant of a certificate, a dossier must comprise:

a/ An application for re-grant of the certificate, made according to Form No. 06 provided in the Appendix to this Decree;

b/ The original certificate (if any) in case it is damaged.

5. Sixty days before its certificate expires, if wishing to continue its testing operations, a testing organization shall make a dossier as in the case of application for a certificate prescribed in Clause 2 of this Article and send it to the dossier-receiving agency defined in Clause 1 of this Article.

Article 7. Methods of dossier submission

A testing organization shall make a dossier as prescribed in Article 6 of this Decree and submit it:

1. Directly at the head office of the dossier-receiving agency. In this case, uncertified copies of the certificates and documents prescribed in Article 6 of this Decree shall be accompanied by their originals for comparison.

2. By post. In this case, certified copies of certificates and documents prescribed in Article 6 of this Decree are required.

3. Via the e-portal of the dossier-receiving agency, using the online public service.

Article 8. Order of grant of a certificate of registration of testing operations

1. For grant of a new certificate:

a/ If the dossier is incomplete as prescribed, within 5 working days after receiving it, the dossier-receiving agency shall request in writing the testing organization to modify and supplement the dossier;

b/ If the dossier is complete and valid, within 10 working days after receiving it, the line ministry shall grant a certificate to the testing organization, made according to Form No. 10 provided in the Appendix to this Decree;

c/ The validity of a certificate is 5 years at most counting from the date of its grant.

2. For grant of a modified certificate:

a/ A modified certificate may be granted to a testing organization that wishes to add, expand or narrow the scope of its testing operations;

b/ The order of grant of a modified certificate must comply with Points a and b, Clause 1 of this Article;

c/ The validity of a modified certificate is the same as that of the original one.

3. For re-grant of a certificate:

a/ A valid certificate may be re-granted if it is lost or damaged or the name or address of the testing organization is changed;

b/ Within the validity duration of its certificate, a testing organization that wishes to have this certificate re-granted shall make 1 dossier for re-grant of a certificate as prescribed in Clause 4, Article 6 of this Decree and send it to the dossier-receiving agency;

c/ Within 5 working days after receiving a complete and valid dossier, the line ministry shall re-grant a certificate to the testing organization. In case of ineligibility for re-grant, the dossier-receiving agency shall notify such in writing, clearly stating the reason;

d/ The validity of a re-granted certificate is the same as that of the original one.