Chương V 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 chứng nhận sản phẩm, chứng nhận hệ thống quản lý

Chapter V

CONDITIONS FOR PROVISION OF THE SERVICE OF CERTIFICATION OF PRODUCTS OR CONTROL SYSTEMS

Article 17. Conditions for an organization to provide the service of certification of products or control systems

1. Being a lawfully established organization.

2. Having a control system and operation capacity meeting the requirements set out in the national standard or international standard or international guidelines, specifically as follows:

a/ National standard TCVNISO/IEC 17065:2013 or international standard ISO/IEC 17065:2012 or another national standard or international standard applicable to specialized certification operations, and relevant guidelines of the International Accreditation Forum (IAF) or a standard corresponding to the requirements of the specific certification program, for product and goods certification operations;

b/ National standard TCVN ISO/IEC 17021-1:2015 or international standard ISO/IEC 17021 -1:2015 and relevant guidelines of the International Accreditation Forum (IAF) or a standard corresponding to the requirements of the specific certification program, for control system certification operations.

3. Having at least 4 official experts (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 university or higher degree in a discipline relevant to the certification program;

b/ Having been trained in and possessing a certificate of training in relevant assessment and certification skills granted by a training institution publicized or accredited under law by the Ministry of Science and Technology.

Having been training in and possessing a certificate of training in specialized product certification techniques under a specialized law as required by law;

c/ Having at least 3 years of experience (from the time of graduation from a university) and appropriate work experience as required by the relevant certification program;

d/ Having been engaged in at least 4 assessments with at least 20 working days of assessment, for the relevant certification program.

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

Article 18. Dossier of application for a certificate of product or control system certification operations

1. Dossier-receiving agencies:

a/ Dossier-receiving agencies shall register product certification operations according to the principles prescribed in Article 4 of this Decree;

b/ Dossier-receiving agencies shall register control system certification operations as assigned by the Ministry of Science and Technology.

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

a/ A written request for registration of certification 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 assessment experts, made according to Form No. 02 provided in the Appendix to this Decree, and their relevant diplomas and certificates and documents, such as a copy of the recruitment decision or labor contract; copies of diplomas and certificates as prescribed in Clause 3, Article 17 of this Decree; a summary of the expert’s working period and assessment experience, made according to Form No. 03 provided in the Appendix to this Decree; and documents proving the expert’s assessment experience;

d/ Documents proving that the organization’s certification capacity meets the requirements mentioned in Clause 2, Article 17 of this Decree, specifically as follows:

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

If its certification operations have not yet been accredited, the certification 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 17 of this Decree;

dd/ A form of the certificate and an impression of the certification seal.

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

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

b/ A revised list of assessment experts, 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 17 of this Decree; a summary of the expert’s working period and assessment experience, made according to Form No. 03 provided in the Appendix to this Decree; and documents proving the expert’s assessment experience;

c/ Documents proving that the organization’s capacity to carry out certification operations to be added and modified meets the requirements prescribed in Clause 2, Article 17 of this Decree, specifically as follows:

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

If its certification operations have not yet been accredited, the certification 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 17 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 of the certificate (if any) in case it is damaged.

5. Sixty days before its certificate expires, if wishing to continue certification operations, a certification 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 19. Methods of dossier submission

A certification organization shall make 1 dossier prescribed in Article 18 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 referred to in Article 18 of this Decree shall be accompanied by their originals for comparison.

2. By post. In this case, certified copies of the certificates and documents referred to in Article 18 of this Decree are required.

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

Article 20. Order of grant of a certification activity certificate

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 certification organization to modify and supplement the dossier;

b/ If the dossier is complete and valid, within 10 working days after receiving it, the related line ministry shall grant a certificate to the certification 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 certification organization that wishes to add, expand or narrow the scope of its certification operation;

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 certification organization is changed;

b/ Within the validity duration of its certificate, a certification organization that wishes to have this certificated re-granted shall make 1 dossier for re-grant of a certificate as prescribed in Clause 4, Article 18 of this Decree and send it to the dossier-receiving agency;

c/ If the dossier is complete and valid, within 5 working days after receiving it, the related line ministry shall re-grant a certificate to the certification 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.