Chương 4 Nghị định 127/2007/NĐ-CP: Đánh giá sự phù hợp với tiêu chuẩn và quy chuẩn kỹ thuật

Chapter 4:

VALUATION OF CONFORMITY WITH STANDARDS AND TECHNICAL REGULATIONS

Article 14. Publication of conformity with standards, conformity with regulations

1. The publication of conformity with standards is a voluntary activity. Organizations and individuals producing, trading as publicizing products, goods, services, processes and environment in accordance with respective standards register the written publication of conformity with standards at the Branches of Standards, Metrology and Quality of Department of Science and Technology of provinces, cities under central authority where the organizations and individuals register their production and business.

2. The publication of conformity with regulations is a compulsory activity. Organizations and individuals producing and trading must publicize conformity with regulations in accordance with the provisions in the respective technical regulations. Upon the publication of conformity with regulations, organizations and individuals producing and trading must register the written publication of conformity with regulations at the corresponding specialized Department in the locality where the organizations and individuals register their production and business.

 3. Ministries, ministerial-level agencies promulgating national technical regulations shall publicly announce on the corresponding specialized Departments in the localities where receiving the written publication of conformity with regulations on their websites (website) and on the mass media.

Quarterly, the corresponding specialized Departments in the localities where receiving the written publication of conformity with regulations make a list of organizations and individuals registered the publication of conformity with regulations and send to the following agencies:

a) Ministries, ministerial-level agencies promulgating the national technical regulations;

b) Departments of Science and Technology of provinces and cities under central authority where organizations and individuals register their production and business for synthesis, report to the Ministry of Science and Technology.

4. People's Committees of provinces and cities directly under the Central Government issuing the local technical regulations shall publicly announce on the corresponding specialized Departments in the localities where receiving the written publications of conformity with regulations on their websites (website) and on the mass media.

Quarterly, the corresponding specialized Departments in the localities where receiving the written publications of conformity with regulations make a list of organizations and individuals registered the publication of conformity with regulations and send to the following agencies:

a) Contact point agencies appointed under the provisions of Clause 2 of Article 21 of this Decree of the Ministries of specialized management managing the corresponding objects of local technical regulations.

b) Departments of Science and Technology of provinces and cities under central authority where organizations and individuals register their production and business for synthesis, report to People's Committees of provinces and cities directly under the Central Government to promulgate local technical regulations and Ministry of Science and Technology.

Article 15. Marks of conformity with standards, conformity with regulations

1. Marks of conformity with standards shall be issued by the conformity certification organizations for the objects certified conformity with standards. The shape, structure, and performances of marks of conformity with standards shall be provided for under the guidance of the Ministry of Science and Technology by the conformity certification organizations.

2. Marks of conformity with regulations issued by regulations conformity certification organizations for products and goods certified conformity with regulations or mounted by organizations and individuals publicizing conformity with regulations for the products, the goods to be publicized conformity with regulations after registered the publication of conformity with regulations.

The shape, structure and performances of marks of conformity with regulations shall be provided for by the Ministry of Science and Technology.

3. Organizations and individuals producing, trading after being certified the standards conformity shall self- express marks of conformity with standards or after being certified the regulations conformity shall self- express marks of conformity with regulations on products, goods, packaging of products, goods, materials of products, goods, services, processes and environment that have been certified the standards conformity or regulations conformity.

Article 16. Organizations certifying conformity

1. The organizations certifying conformity include:

a) The non-public or public service units of science and technology operating service of science - technology to be established and registered for their operations under the Law on Science and Technology;

b) The enterprises established and registered for their operations under the Enterprises Law;

c) Branches of the foreign organizations certifying conformity registered for their operations under the Investment Law in Vietnam.

2. The organizations certifying conformity conduct certification of conformity with standards or certification of conformity with regulations or both certification of conformity with standards and regulations.

3. The organizations certifying conformity with standards are conducted the certification activities of conformity with standards after fully meeting the following conditions:

a) The requirements specified in clauses 1 and 2 of Article 51 of the Law on Standards and Technical Regulations;

b) Registration for certification of conformity with standards at the Ministry of Science and Technology.

4. The organizations certifying conformity with regulations are carried out the certification activities of conformity with regulations after fully meeting the following conditions:

a) The requirements specified in clauses 1 and 2 of Article 51 of the Law on Standards and Technical Regulations;

b) Registration of the certification activities of conformity with regulations at the ministries, ministerial-level agencies, People's Committees of provinces and cities directly under the Central Government issuing technical regulations;

c) Being prescribed by the ministries, ministerial-level agencies, Governmental agencies of professional management, the People's Committees of provinces and cities under central authority in clause 3 of Article 47 of the Law on Standards and Technical Regulations to appoint as the organizations implementing the regulations conformity certification.

5. Ministry of Science and Technology guides specifically on the capacity of the organizations of the standards conformity certification, regulations conformity certification; the order and procedures for registering the certification of standard conformity, certification of regulations conformity.

6. Ministries, ministerial-level agencies, People's Committees of provinces and cities directly under the Central Government issuing technical regulations implement the following tasks:

a) Detailing the order and procedures to assign the regulations conformity certification organizations;

b) Organizing the review, evaluation and certification of capacity in accordance with provisions of the Ministry of Science and Technology to appoint the corresponding regulations conformity certification organizations with technical regulations issued by them. The conformity certification organizations having the certificates of accreditation of the accreditation organizations prescribed in Clause 1 of Article 17 of this Decree or foreign accreditation bodies as members of the Pacific Association of Accreditation (PAC) and International Accreditation Forum (IAF) are given priority for consideration, appointment as regulations conformity certification organizations.

7. Ministries, ministerial-level agencies, People's Committees of provinces and cities under central authority announce the list of the regulations conformity certification organizations that have been assigned on the mass media at central and local levels or on internet network for the organizations and individuals to know, select, and notify the Ministry of Science and Technology for coordination of management.

Article 17. Accreditation organizations

1. Accreditation organizations are the organizations meeting the conditions specified in Article 54 of the Law on Standards and Technical Regulations to implement the evaluation and recognition of the capacity of testing laboratories, calibration laboratories, conformity certification organizations, and appraisal organizations.

2. Accreditation organizations must operate in accordance with regional and international requirements of integration in the area of ​​conformity assessment, creating conditions for Vietnam to join the agreement or agreements of mutual recognition on conformity evaluation results, for the need of state management in the specialized areas.

3. Ministry of Science and Technology is responsible for unified management of the operation of accreditation organizations.

Article 18. Appointment of the organizations to implement testing, calibration and appraisal for purposes of specialized management

Depending on demand of management, ministries, ministerial-level agencies, Governmental agencies may conduct assessment and certification of capabilities of laboratories, calibration laboratories, appraisal organizations qualified under the basic requirements of the corresponding national standards, international standards of International Organizations for Standardization (ISO) and International Electricity Committee (IEC) to assign these organizations to conduct the testing, calibration and appraisal for specialized management purposes assigned.

Article 19. Agreements, agreements on mutual recognition

1. The mutual recognition of results of conformity assessment between the countries and territories includes the results of conformity certification; calibration results; testing results; appraisal results.

2. Ministry of Science and Technology shall preside over and coordinate with the concerned ministries, ministerial-level agencies to organize the implementation of mutual recognition agreements between Vietnam and other countries and territories on the results of conformity assessment, to follow the law on signing and implementing international agreements which the socialist Republic of Vietnam is a member.

3. Ministry of Science and Technology coordinates with the Ministry of Foreign Affairs to guide the signing and implementation of agreements on mutual recognition of results of conformity assessment between organizations assessing the conformity of Vietnam with organizations assessing the conformity of countries, territories, international and regional organizations.