Chương 3 Nghị định 132/2008/NĐ-CP: Tổ chức kiểm tra chất lượng sản phẩm, hàng hóa

Chapter III

ORGANIZATION OF EXAMINATION OF PRODUCT AND GOODS QUALITY

Article 20. Product and goods quality examination agencies

1. Central product and goods quality examination agencies are general departments and departments which have the function of state control of product and goods quality or other ministerial-level agencies which are assigned the task of examining product and goods quality.

2. Local product and goods quality examination agencies are specialized agencies under provincial-level People's Committees which have the function of state control of product and goods quality and conduct examination of the quality of product and goods in their respective localities under regulations of line ministries.

3. Based on specific requirements, line ministries and provincial-level People's Committees shall specify the functions, tasks, powers and organizational structures of, and reach agreement with the Ministry of Home Affairs on the payroll of quality inspectors in, product and goods examination units defined in Clauses 1 and 2 of this Article.

Article 21. Assignment of product and goods quality examination responsibilities to examination agencies under line ministries

1. Product and goods examination agencies under line ministries shall examine product and goods quality in the domains assigned to them under decrees defining the functions, tasks, powers and organizational structure of their respective ministries, particularly in production, import and export, circulation on the market. and the use process as follows:

a/ According to Clause 2, Article 32 of this Decree, for products in production;

b/ According to Clause 2, Article 70 of the Law on Product and Goods Quality, for imported goods, exported goods, goods circulated on the market and goods on the list in Article 15 of this Decree.

2. The product and goods quality examination agency under the Ministry of Science and Technology shall examine product and goods quality within its assigned domains, specifically as follows:

a/ According to Point o. Clause 2, Article 32 of this Decree, for products in production;

b/ According to Clause 4, Article 69 of the Law on Product and Goods Quality, for imported goods, exported goods, goods circulated on the market and goods in the use process.

3. Product and goods quality examination agencies specified in Clauses 1 and 2 of this Article, have the powers defined in Article 46 and tasks defined in Article 47 of the Law on Product and Goods Quality, and perform the following specific tasks:

a/ Assume the prime responsibility for, and coordinate with other agencies in, organizing the examination within their assigned domains;

b/ Take the initiative in coordinating with market management agencies in handling violations detected in the process of examination of quality of goods circulated on the market;

c/ Guide and provide professional instructions for local product and goods quality examination agencies to conduct the examination;

d/ Sum up and review the situation of quality of product and goods under their management for reporting to their respective ministries and the Ministry of Science and Technology.

The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with line ministries in, issuing regulations on examination of quality of products and goods circulated on the market and formulate and submit to the Prime Minister for promulgation a Regulation on coordination between examination agencies defined in Clauses 1 and 2 of this Article, and local product and goods quality examination agencies and inspection agencies, customs agencies, public security agencies and market control agencies in the examination of quality of products and goods under their assigned domains.

Article 22. Quality controllers

1. Quality controller is the rank of public employees specializing in product and goods quality examination.

2. Titles, rank codes and professional qualifications for product and goods quality controllers shall be prescribed by the Ministry of Home Affairs.

3. Line ministries and provincial-level People's Committees shall decide on the appointment and change of the rank of public employees in charge of product and goods quality examination at product and goods quality examination agencies to the rank of quality controller according to their assigned management domains.

The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, guiding the appointment and change of the rank of public employees to the rank of quality controller.

4. Quality controllers shall be supplied with uniforms, badges and quality controller's cards according to regulations of the Ministry of Science and Technology.

Article 23. Funds for product and goods quality examination

1. Funds for product and goods quality examination come from:

a/ Annual state budgets of line ministries and provincial-level People's Committees;

b/ Other sources.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, specifying spending items as well as the allocation, management and use of funds for product and goods quality examination.