Chương IV 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 giám định

Chapter IV

CONDITIONS FOR PROVISION OF ASSESSMENT SERVICES

Article 13. Conditions for an organization to provide quality assessment services for goods and 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 17020:2012 or international standard ISO/IEC 17020:2012 or another national standard or international standard applicable to specialized assessment.

3. Having at least 4 official assessors (public employees or employees working under contracts with a term of at least 12 months or with an indefinite term), who must meet the following conditions:

a/ Holding a collegial or higher degree in a discipline relevant to products or goods subject to assessment;

b/ Having been trained in national standard TCVN ISO/IEC 17020:2012 or international standard ISO/IEC 17020:2012 or another national standard or international standard applicable to specialized assessment;

c/ Having at least 3 years of work experience (from the time of graduation from a college or university), including 2 years in product and goods quality assessment.

If wishing to add an area of assessment, the organization must have at least 2 official assessors (public employees or employees working under contracts with a term of at least 12 months or longer or with an indefinite term) in the added area, who must meet the conditions referred to in this Clause.

Article 14. Dossier of application for a product and goods quality assessment certificate

1. Dossier-receiving agencies:

Dossier-receiving agencies shall register assessment 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 assessment 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 assessors, 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 13 of this Decree; a summary of the assessor’s working period and assessment experience, made according to Form No. 03 provided in the Appendix to this Decree; and documents proving the assessor’s experience in product and goods quality assessment;

d/ Documents proving that the organization’s assessment capacity meets the requirements mentioned in Clause 2, Article 13 of this Decree, specifically as follows:

If having its assessment 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 assessment organization shall submit a copy of the accreditation certificate stating the scope of accredited activities.

If its assessment operations have not yet been accredited, the assessment organization shall submit documents, assessment processes and other relevant documents to prove that its operation capacity meets the requirements of the corresponding standard as prescribed in Clause 2, Article 13 of this Decree.

dd/ A form of the assessment certificate.

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

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

b/ A revised list of assessors, 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 13 of this Decree; a summary of the assessor’s working period and assessment experience, made according to Form No. 03 provided in the Appendix to this Decree; and documents proving the assessor’s experience in product and goods quality assessment;

c/ Documents proving that the organization’s capacity to carry out assessment operations to be added and modified meets the requirements set out in Clause 2, Article 13 of this Decree, specifically as follows:

If having had its assessment 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 assessment organization shall submit a copy of the accreditation certificate stating the scope of accredited activities.

If its assessment operations have not yet been accredited, the assessment organization shall submit documents, assessment processes and other relevant documents to prove that its operation capacity meets the requirements of the corresponding standard as prescribed in clause 2, Article 13 of 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 product and goods quality assessment operations, an assessment 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 15. Methods of dossier submission

An assessment organization shall make 1 dossier as prescribed in Article 14 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 14 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 14 of this Decree are required.

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

Article 16. Order of grant of an assessment 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 assessment 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 assessment 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 assessment organization that wishes to add, expand or narrow the scope of its assessment 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 assessment organization is changed;

b/ Within the validity duration of its certificate, the assessment 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 14 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.