Chương III 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 kiểm định

Chapter III

CONDITIONS FOR PROVISION OF INSPECTION SERVICES

Article 9. Conditions for provision of quality inspection services for products and goods currently in use

1. Being a lawfully established organization.

2. Having a control system and operation capacity meeting the requirements set out in national standard TCVN ISO 9001:2008 or national and international standards applicable to specialized inspection.

3. Having at least four official inspectors (public employees or employees working under contracts with a term of 12 months or longer or with an indefinite term), who meet professional requirements for relevant inspection areas and have been trained in national standard TCVN ISO 9001:2008.

In case of adding an area of inspection, having at least two official inspectors (public employees or employees working under contracts with a term of 12 months or longer or with an indefinite term) relevant to the registered add area of inspection, who have been trained in national standard TCVN ISO 9001:2008.

4. Having machinery, equipment and devices as required by the inspection process.

Article 10. Dossier of application for a certificate of registration of quality inspection of products and goods currently in use

1. Dossier-receiving agencies

Dossier-receiving agencies shall receive dossiers of request for inspection 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 registration of inspection operations, made according to Form No. 01 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 inspectors, made according to Form No. 02 provided in the Appendix to this Decree, together with their relevant diplomas and certificates and documents, including a copy of the recruitment decision or labor contract and copies of diplomas and certificates as prescribed in Clause 3, Article 9 of this Decree;

d/ A list of machinery, equipment and devices serving inspection operations, made according to Form No. 04 provided in the Appendix to this Decree;

dd/ Documents proving that the organization’s inspection capacity meets the requirements set out in Clause 2, Article 9 of this Decree, specifically as follows:

If possessing a certificate of conformity with standard TCVN ISO 9001:2008 or ISO 9001:2008 granted by a certification organization or having had its inspection 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 inspection organization shall submit a copy of the certificate of conformity with standard TCVN ISO 9001:2008 or ISO 9001:2008 or accreditation certificate stating the scope of accredited activities.

If its inspection operations have not yet been accredited or it has no certificate of conformity with standard TCVN ISO 9001:2008 or ISO 9001:2008, the inspection organization shall submit documents, inspection processes and other relevant documents to prove that its operation capacity meets the requirements of the corresponding standard as prescribed in Clause 2, Article 9 of this Decree.

e/ A form of the inspection certificate.

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

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

b/ A revised list of inspectors, made according to Form No. 02 provided in the Appendix to this Decree, together with their relevant diplomas and certificates and documents, including a copy of the recruitment decision or labor contract; copies of diplomas and certificates as prescribed in Clause 3, Article 9 of this Decree;

c/ Documents proving that the organization’s capacity to carry out inspection operations to be added and modified meets the requirements set out in Clause 2, Article 9 of this Decree, specifically as follows:

If possessing a certificate of conformity with standard TCVN ISO 9001:2008 or ISO 9001:2008 granted by a certification organization or having its inspection 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 inspection organization shall submit a copy of the certificate of conformity with standard TCVN ISO 9001:2008 or ISO 9001:2008 or accreditation certificate stating the scope of accredited activities.

If its inspection operations have not yet been accredited or have no certificate of conformity with standard TCVN ISO 9001:2008 or ISO 9001:2008, the inspection organization shall submit documents, inspection processes and other relevant documents to prove that its operation capacity meets the requirements of the corresponding standard as prescribed in Clause 2, Article 9 of this Decree.

d/ A revised list of machinery, equipment and devices serving inspection operations, made according to Form No. 04 provided in the Appendix to this Decree.

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

a/ An application for re-grant of a 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 inspection operations, an inspection organization shall make 1 dossier as in the case of application for a new certificate prescribed in Clause 2 of this Article and send it to the dossier-receiving agency defined in Clause 1 of this Article.

Article 11. Methods of dossier submission

An inspection organization shall make 1 dossier as prescribed in Article 10 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 10 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 10 of this Decree are required.

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

Article 12. Order of grant of an inspection registration certificate

1. For grant of a new certificate:

a/ If the dossier is incomplete as prescribed, within 5 days after receiving it, the dossier-receiving agency shall request in writing the inspection 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 inspection 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 an inspection organization that wishes to add, expand or narrow the scope of its inspection 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 holding organization is changed;

b/ Within the validity duration of its certificate, an inspection organization that wishes to have this certificate re-granted shall make 1 dossier for re-grant of a certificate as prescribed in Clause 5, Article 10 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 assessment 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.