Chương 6: Kiểm tra, thanh tra về chất lượng hàng hoá

Chapter VI

EXAMINATION AND INSPECTION OF GOODS QUALITY

Article 26.-

1. On the basis of the quality control requirements in each period, the Government shall issue a list of goods which must be examined in terms of their quality and organize the goods quality examination; and issue the regulations on goods quality examination.

2. Goods which have been certified as meeting the set standards; goods of production and business organizations and individuals, which have been certified as having quality control systems compatible with the Vietnamese standards or foreign or international standards shall be exempt from the quality examination, except for cases where signs of violations of the quality control legislation are detected.

Article 27.-

1. The inspection of goods quality shall be effected by the goods’ quality specialized inspectorate.

2. The organization and operations of the goods quality specialized inspectorate shall be stipulated by the Government.

Article 28.- The goods quality specialized inspectorate is tasked to inspect the observance of the legislation on goods quality, impose sanctions, apply or propose according to its competence measures for prevention or termination of violations of the legislation on goods quality.

The inspection shall be conducted by inspection teams or inspectors.

Article 29.-

1. In the course of inspection, an inspection team or inspector shall have the competence:

a/ To request the relevant organizations or individuals to supply documents and answers on the matters necessary for the inspection;

b/ To take goods samples for testing according to law;

c/ To make record on the inspection and propose handling measures;

d/ To apply measures for the prevention and handling of violations according to law provisions; where signs of a crime are detected, to transfer the dossier to the competent State agency.

2. During the inspection, the inspection team or inspector shall have the responsibility:

a/ To produce the inspection decision and inspector’s card;

b/ To strictly comply with the inspection order and procedures, not to trouble, harass or obstruct production/business activities; not causing harms to the legitimate rights and interests of production and business organizations and/or individuals as well as consumers;

c/ To abide by law and take responsibility for all their acts, conclusions and handling measures; and pay compensation for damage incurred as prescribed by law.

Article 30.- The inspected organizations and/or individuals shall have to create conditions for the inspection teams or inspectors to perform their tasks and have to execute decisions of the inspection teams or inspectors.

Article 31.- The inspected organizations and/or individuals shall have the right to complain about or initiate a lawsuit against decisions or handling measures of the inspection teams or inspectors according to law provisions. Pending the consideration and settlement by the competent agencies and organizations, the inspected organizations and/or individuals shall still have to execute the decisions or handling measures of the inspection teams or inspectors, except otherwise provided for by law.