Chương II: Quản lý chất lượng sản phẩm, hàng hóa vật liệu xây dựng

CIRCULAR

PRESCRIBING MANAGEMENT OF QUALITY OF BUILDING MATERIAL PRODUCTS AND GOODS

Pursuant to the Law on Quality of Products and Goods No. 05/2007/QH12 dated November 21, 2007;

Pursuant to the Law on Standards and Technical Regulations No. 68/2006/QH11 dated June 29, 2006;

Pursuant to the Construction Law No. 50/2014/QH13 as amended in the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14 and Law No. 62/2020/QH14;

Pursuant to the Government’s Decree No. 52/2022/ND-CP dated August 08, 2022 defining functions, tasks, powers and organizational structure of the Ministry of Construction of Vietnam;

Pursuant to the Government’s Decree No. 09/2021/ND-CP dated February 09, 2021 on management of building materials;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 elaborating the Law on Quality of Goods and Products, as amended by the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 and Government’s Decree No. 13/2022/ND-CP dated January 21, 2022 providing amendments to the Decree No. 132/2008/ND-CP dated December 31, 2008;

Pursuant to the Government's Decree No. 107/2016/ND-CP July 01, 2016 on conditions for provision of conformity assessment services;

Pursuant to the Government Decree No. 154/2018/ND-CP dated November 09, 2018 amending, supplementing and repealing certain regulations on investment and business conditions in sectors under the authority of the Ministry of Science and Technology and certain regulations on specialized inspections;

At the request of the Director of the Building Material Department;

The Minister of Construction promulgates a Circular prescribing management of quality of building material products and goods.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides regulations on management of quality of building material products and goods.

Article 2. Regulated entities

1. Regulatory authorities in charge of performing state management of building materials.

2. Manufacturers, traders, importers, exporters and users of building material products and goods.

3. Conformity assessment bodies (including certification bodies, testing bodies, verification bodies and inspection bodies) and organizations providing judicial expertise in quality of building material products and goods.

Article 3. Building material products and goods

1. Specific groups of building material products and goods are elaborated in Appendix I enclosed herewith.

2. Potentially unsafe building material products and goods are the products and goods of building materials which potentially cause harm to humans, animals, plants, assets and environment when they are transported, stored, preserved and used reasonably and for their intended purposes (hereinafter referred to as “category-2 building material products and goods), are subject to the jurisdiction of the Ministry of Construction of Vietnam, and provided in Appendix II enclosed herewith.

3. Building material products and goods unlikely to cause harm are the products and goods of building materials which do not cause harm to humans, animals, plants, assets and environment when they are transported, stored, preserved and used reasonably and for their intended purposes (hereinafter referred to as “category-1 building material products and goods).

4. If imported or exported building material goods have not been listed and assigned HS codes or there is any difference or inconsistency in the classification and determination of HS codes, the determination of HS codes of such goods shall comply with provisions of law on customs. After customs clearance, exporters or importers shall send reports on such cases to the Ministry of Construction of Vietnam to form a basis for cooperation with the Ministry of Finance of Vietnam in considering agreeing to, updating and adding them to HS code list.

Article 4. Labeling of building material products and goods

1. Labeling of building material goods shall comply with provisions of the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017 on labeling of goods, the Government’s Decree No. 111/2021/ND-CP dated December 09, 2021 providing amendments to the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017 on labeling of goods and the Circular No. 18/2022/TT-BKHCN of the Minister of Science and Technology of Vietnam elaborating electronic displaying of mandatory information on labels of certain categories of goods.

2. If labeling of building material goods is provided for in national technical regulations or standards or any other legislative documents, in addition to provisions of clause 1 of this Article, the labeling of such goods shall also comply with provisions of such regulations or standards or legislative documents.

Article 5. General requirements for management of quality of building material products and goods

1. Building material products and goods must meet quality requirements laid down in clause 1 Article 7 and Article 10 Chapter III of the Government’s Decree No. 09/2021/ND-CP dated February 09, 2021 prescribing management of building materials; have their applicable standards declared in accordance with regulations of law on quality of products and goods; and be subject to provisions on origin tracing under the Circular No. 02/2024/TT-BKHCN dated March 28, 2024 of the Minister of Science and Technology of Vietnam prescribing management of origin tracing of products and goods.

2. Category-1 building material products and goods shall be subject to the following provisions:

a) The quality management system shall be applied in order to ensure that they meet quality requirements laid down in corresponding technical standards and are labeled according to provisions of Article 4 of this Circular before they are placed on the market.

b) Declaration of conformity of such products and goods with corresponding standards is optional. Declaration of conformity with standards shall comply with provisions of Chapter II of the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology of Vietnam prescribing declaration of conformity with standards and regulations, and methods for assessment of conformity with standards and regulations, the Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Minister of Science and Technology of Vietnam providing amendments to the Circular No. 28/2012/TT-BKHCN and Article 11 of this Circular.

3. Category-2 building material products and goods shall be subject to the following provisions:

a) The quality management system shall be applied in order to ensure that they meet quality requirements laid down in corresponding technical regulations and are labeled according to provisions of Article 4 of this Circular before they are placed on the market.

b) Declaration of conformity of such products and goods with corresponding regulations is compulsory. Declaration of conformity with regulations shall comply with provisions of Chapter II of the Circular No. 28/2012/TT-BKHCN , the Circular No. 02/2017/TT-BKHCN and Article 12 of this Circular.

Chapter II

MANAGEMENT OF QUALITY OF BUILDING MATERIAL PRODUCTS AND GOODS

Article 6. Management of quality of building material products during manufacturing

1. Management of quality of building material products during manufacturing shall comply with provisions of Section 2 Chapter III of the Law on Quality of Products and Goods and Section 1 Chapter II of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 elaborating the Law on Quality of Goods and Products, and clause 2 Article 10 Chapter III of Decree No. 09/2021/ND-CP .

2. Building material manufacturers must meet all requirements regarding equipment, technical personnel and quality and origin of input materials as prescribed in relevant laws.

Article 7. Management of quality of exported building material goods

Quality of exported goods of building materials shall be managed in accordance with provisions of Section 3 Chapter III of the Law on Quality of Products and Goods, Section 3 Chapter II of Decree No. 132/2008/ND-CP and domestic regulations of the importing country.

Article 8. Management of quality of imported building material goods

1. Quality of imported goods of building materials shall be managed in accordance with provisions of Section 4 Chapter III of the Law on Quality of Products and Goods and Section 2 Chapter II of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, as amended in clause 3 Article 1 of the Decree No. 74/2018/ND-CP , and clause 3 Article 10 Chapter III of Decree No. 09/2021/ND-CP .

2. When importing category-2 building material goods, the importer shall:

a) apply for state inspection of quality of the imported goods of building materials at the Department of Construction of the province or central-affiliated city (that is the authority in charge of inspecting quality of building material products and goods, and is hereinafter referred to as “inspecting authority”):

- where the importer has followed business registration procedures (or where the importer's representative office, branch or factory is located);

- of the border checkpoint through which the goods will be imported; or

- where customs procedures for the entire import shipment are followed.

b) When applying for state inspection, it is required to specify names of the conformity certification body and testing body in charge of carrying out testing and assessment of quality of imported goods in the application form which is made using Form No. 01 enclosed with the Decree No. 74/2018/ND-CP , as amended in clause 9 Article 4 of the Decree No. 154/2018/ND-CP and the following documents: Copy of the contract, packing list (if any); copy (bearing the importer’s confirmation) of the bill of lading, commercial invoice, cargo manifest (if any); warranty of quality issued in the exporting country (certificate of quality, test result) (if any); certificate of origin (if any), photographs or description of goods with mandatory information to be displayed on primary labels and secondary labels (if mandatory information is not adequately displayed on the primary label as prescribed); and certificates of free sale (CFS) (if any).

c) In case the imported goods of building materials are subject to state inspection before customs clearance, the importer shall comply with provisions of point 2c clause 3 Article 1 of the Decree No. 74/2018/ND-CP , and submit certified true copies (bearing the importer’s signature ad seal) of the certificate of conformity and the notice of results of quality inspection of imported goods which are issued by the inspecting authority to the relevant customs authority for granting customs clearance.

d) In case the imported goods of building materials are subject to state inspection after customs clearance, the importer shall comply with provisions of point 2b clause 3 Article 1 of the Decree No. 74/2018/ND-CP , and submit the application form for state inspection which bears certification of the inspecting authority to the relevant customs authority for granting customs clearance. Within 15 working days (or 35 working days for cement, and cement, concrete and mortar admixture) from the grant of customs clearance, the importer shall submit certified true copies (bearing the importer’s signature ad seal) of the certificate of conformity and the notice of results of quality inspection of goods (which are issued by the certification body and the testing body whose names appear in the application form for state inspection) to the inspecting authority.

dd) Where the building material goods have already been assessed by an accredited certification body of the exporting country, within 03 working days from the grant of customs clearance, the importer shall submit a certified true copy (bearing the importer’s signature and seal) of the certificate of conformity to the inspecting authority.

e) Where the importer applies for quality inspection of building material goods through the National Single Window Portal, submission of application for inspection and notification of inspection results shall be made through the National Single Window Portal.

3. The inspecting authority shall consider carrying out inspection of category-2 building material goods either before or after customs clearance as prescribed in Appendix II enclosed herewith. In case of state inspection before customs clearance, it shall be conducted on the basis of certification results given by the designated certification body. In case of state inspection after customs clearance, it shall be conducted on the basis of certification results given by a certification body which has been duly registered or accredited in accordance with regulations of law.

4. Inspection of quality of building material goods shall be reduced or exempted according to clause 3 Article 1 of the Decree No. 74/2018/ND-CP and clause 3 Article 4 of the Decree No. 154/2018/ND-CP .

5. Processing of import dossiers and handling of imported goods of building materials which no longer comply with technical standards shall comply with provisions of clause 3 Article 6, Article 9 of the Circular No. 06/2020/TT-BKHCN .

Article 9. Management of quality of building material goods placed on market

Quality of building material goods placed on the market shall be managed according to provisions of Section 5 Chapter III of the Law on quality of products and goods, Section 4 Chapter II of the Decree No. 132/2008/ND-CP , clause 2 Article 10 Chapter III of the Decree No. 09/2021/ND-CP and the Circular No. 01/2024/TT-BKHCN dated January 18, 2024 prescribing state inspection of quality of goods placed on the market.

Article 10. Management of quality of building material goods during their use

Quality of building material goods during their use shall be managed in accordance with provisions of Section 6 Chapter III of the Law on Quality of Products and Goods, Section 5 Chapter II of the Decree No. 132/2008/ND-CP , and clause 1 Article 7 Chapter III of Decree No. 09/2021/ND-CP .

Chapter III

MANAGEMENT OF CONFORMITY OF BUILDING MATERIAL PRODUCTS AND GOODS WITH STANDARDS AND REGULATIONS

Article 11. Declaration of conformity with standards

1. Subjects of declaration of conformity with standards are products and goods of building materials.

2. Organizations and individuals shall follow procedures for declaration of conformity of their building material products or goods with corresponding standards on the basis of certification of conformity given by conformity certification bodies or their internal conformity assessment results.

3. Organizations and individuals declaring conformity of their products or goods with standards shall follow procedures for registration of declarations of conformity with standards at relevant inspecting authorities.

Article 12. Declaration of conformity with regulations

1. Subjects of declaration of conformity with regulations are category-2 building material products and goods which are specified in national technical regulations promulgated by the Ministry of Construction of Vietnam and Appendix II enclosed herewith.

2. Declaration of conformity with regulations shall be made on the basis of:

a) Certifications given by certification bodies whose areas of operation have been duly registered or that have been accredited in accordance with regulations of law.

b) Certifications and inspection results given by certification bodies and inspection bodies designated by the Ministry of Construction of Vietnam.

3. If conformity assessment results given by foreign certification bodies and testing bodies are used, these bodies must be accredited in accordance with regulations of law of Vietnam or designated by competent authorities.

4. Conformity of domestically manufactured products and goods of building materials must be declared at the inspecting authority of the local area where business registration procedures are followed on the basis the certification given by the certification body which has been duly registered or accredited or designated in accordance with regulations of law. Required documents and procedures for declaration of conformity with regulations shall comply with provisions of Articles 14 and 15 of the Circular No. 28/2012/TT-BKHCN , as amended by the Circular No. 02/2017/TT-BKHCN and the Circular No. 06/2020/TT-BKHCN .

Article 13. Certification of conformity with regulations

1. Conformity of category-2 building material products and goods with regulations shall be assessed adopting Method 1, Method 5 or Method 7 (prescribed in Circular No. 28/2012/TT-BKHCN), elaborated in Appendix II enclosed herewith.

2. Sampling methods, specifications and quantity of samples for testing and assessment:

a) Typical samples/representative samples shall be taken adopting the sampling methods provided in current national standards on sampling methods and preparation of test samples applicable to corresponding products.

b) Specifications and quantity of typical samples/representative samples of each lot of products or goods shall comply with the regulations set out in National technical regulations on products and goods of building materials.

c) For imported goods of building materials which fail to meet the required specifications, the importer shall cooperate with the certification body in requesting the manufacturer and exporter in the foreign country to send samples representing the shipment of imported goods to serve the quality certification as prescribed. The quantity of samples shall be sufficient for testing and sample storage as prescribed.

Article 14. Conformity assessment bodies and organizations providing judicial expertise in quality of building material products and goods

1. Conformity assessment bodies shall carry out procedures for registration of their areas of operation which include assessment of conformity of building material products and goods in accordance with provisions of Decree NO. 107/2016/ND-CP .

2. Conformity assessment bodies assessed and designated by the Ministry of Construction of Vietnam shall comply with provisions of clause 8 Article 1 of the Decree No. 74/2018/ND-CP and clauses 4, 5, 6 and 7 Article 4 of the Decree No. 154/2018/ND-CP .

3. Conformity assessment bodies that have completed procedures for registration of their areas of operation or that are designated by the Ministry of Construction of Vietnam shall comply with regulations on conformity assessment and bear the inspection and supervision by the Ministry of Construction of Vietnam shall. List of conformity assessment bodies that have completed procedures for registration of their areas of operation and list of conformity assessment bodies designated by the Ministry of Construction of Vietnam are published on the website of the Ministry of Construction of Vietnam.

4. The Ministry of Construction of Vietnam shall consider accrediting foreign conformity assessment bodies that engage in certification and testing of building material products and goods as prescribed by law when the relevant mutual recognition agreement is signed.

5. Organizations providing judicial expertise in quality of building material products and goods shall comply with provisions of the Circular No. 17/2021/TT-BXD dated December 22, 2021 of the Minister of Construction prescribing judicial expertise in construction and provisions of this Circular.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 15. Responsibilities of Ministry of Construction of Vietnam

1. Instruct, expedite and inspect the implementation of this Circular.

2. Issue certificates of registration of testing services; certificates of registration of certification services and decisions to designate conformity assessment bodies in charge of assessing quality of building material products and goods, and carry out inspection and take actions against violations committed by these bodies during their operation.

Article 16. Responsibilities of People’s Committees of provinces and central-affiliated cities

1. Assign responsibilities and tasks to local authorities in charge of carrying out state inspection of quality of building material products and goods.

2. Organize receipt and management of applications for registration of declaration of conformity; cancel or suspend processing of received applications for registration of declaration of conformity of domestically manufactured products or goods of building materials. Organize receipt and processing of applications for state inspection of quality of imported building material goods.

3. Organize receipt and grant of certification or written refusal of applications for reduction or exemption from quality inspection of imported building material products and goods; give written notification of suspension of the granted reduction or exemption from quality inspection as prescribed in clause 3 Article 4 of the Decree No. 154/2018/ND-CP .

4. Organize management and inspection of certification of conformity and declaration of conformity of building material products and goods in their provinces or cities. Cooperate with local inspecting authorities at border checkpoints in inspecting application for state inspection and assessment of conformity of imported building material goods.

5. Prepare consolidated reports on conformity certification, conformity declaration, state inspection of building material products and goods, and grant of reduction or exemption from inspection of imported building material goods, and send them to the Ministry of Construction by December 25 each year or on ad hoc basis at the request of the Ministry of Construction. Such reports are prepared using the form in Appendix III enclosed herewith.

6. Carry out inspection and take actions against violations against regulations on management of quality of building material products and goods in their provinces or cities.

Article 17. Responsibilities of conformity assessment bodies and organizations providing judicial expertise in quality of building material products and goods

1. Perform rights and obligations as prescribed in this Circular; regulations of law on quality of products and goods and relevant laws.

2. Before December 15 each year or upon request, submit reports on their conformity assessment services, which are made using Form No. 11 in the Appendix enclosed with the Decree No. 74/2018/ND-CP , to the inspecting authority of province or city where conformity assessment services are provided and to the Ministry of Construction.

3. Notify the Ministry of Construction of any changes that may adversely affect their capacity to provide assessment of conformity of building material products and goods as registered or designated within 15 days from the occurrence of the change.

Chapter V

IMPLEMENTATION CLAUSES

Article 18. Amendments to National technical regulation QCVN 16:2023/BXD enclosed with Circular No. 04/2023/TT-BXD dated June 30, 2023 of Minister of Construction

1. Section 1.4.3 of Part 1 and Parts 3, 4 and 5 of QCVN 16:2023/BXD are abrogated.

2. Names and HS codes of products and goods in Table 1 - List of building material products and goods in QCVN 16:2023/BXD are replaced with those in Appendix II enclosed herewith.

Article 19. Effect

1. This Circular comes into force from December 16, 2024.

Article 20. Transition

1. Manufacturers or importers of building material goods that have been issued with certificates of conformity with regulations of QCVN 16:2023/BXD which are still effective shall be allowed to continue using the issued certificates of conformity and respective conformity markings until the expiry dates thereon.

2. Building material shipments for which exporting procedures have been completed in the exporting countries (for being imported to Vietnam) before the effective date of this Circular shall be subject to previous regulations.

Article 21. Responsibility for implementation

1. Regulatory authorities, manufacturers, traders, importers and users of building material products and goods, conformity assessment bodies and organizations providing judicial expertise in quality of building material products and goods are responsible for the implementation of this Circular.

2. In case any legislative documents referred to in this Circular are amended or replaced, the newest one shall apply.

APPENDIX I

CATEGORIES OF BUILDING MATERIAL PRODUCTS AND GOODS
(Enclosed with the Circular No. 10/2024/TT-BXD dated November 01, 2024 of Minister of Construction)

APPENDIX II

LIST OF POTENTIALLY UNSAFE BUILDING MATERIAL PRODUCTS AND GOODS (CATEGORY 2)
(Enclosed with the Circular No. 10/2024/TT-BXD dated November 01, 2024 of Minister of Construction)

*Note: Methods of conformity assessment: Method 1 (PT1), Method 5 (PT5), Method 7 (PT7).

APPENDIX III

REPORT ON INSPECTION OF QUALITY OF BUILDING MATERIAL PRODUCTS AND GOODS
(Enclosed with the Circular No. 10/2024/TT-BXD dated November 01, 2024 of Minister of Construction)

REPORT ON INSPECTION OF QUALITY OF PRODUCTS AND GOODS

(Data of year…., collected from……[date] to………[date])

To: The Ministry of Construction of Vietnam

A. For the authority in charge of inspecting quality of imported category-2 goods

1. Total number of shipments registered for inspection: ………… shipments, including:

- Number of shipments which have passed the inspection: ………….. shipments (with details in table 1)

- Number of shipments which have failed the inspection: ………….. shipments (with details in table 2)

- Number of shipments bypassing the inspection: ………….. shipments (with details in table 3)

2. Complaints: (shipments, enterprises, status of complaint and resolution, etc.)

3. Recommendations:

Table 1. Imported shipments of category-2 building material goods that have passed the inspection

Table 2. Imported shipments of category-2 building material goods that have failed the inspection

Table 3. Enterprises circumventing inspection of quality of imported category-2 building material goods

B. For the authority in charge of inspecting quality of building material products and goods (other than those specified in Section A)

1. Operating status of the inspected entity

…

2. Compliance with regulations on management of quality of building material products and goods

- Control of manufacturing process from input materials to finished building material products;

- National technical regulations;

- Applied standards;

- Labeling:

…

3. Difficulties arising during inspection

- …

- …

4. Recommendations

- …

- …

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