Phụ lục Thông tư 11/2009/TT-BXD: Danh sách các tổ chức chứng nhận hợp quy về chất lượng sản phẩm, hàng hoá kính xây dựng do Bộ Xây dựng chỉ định

CIRCULAR

PROVIDING FOR THE QUALITY CONTROL OF BUILDING GLASS PRODUCTS AND GOODS

THE MINISTER OF CONSTRUCTION

Pursuant to National Assembly's Law No. 05/ 2007/QH12 of November 21, 2007, on Product and Goods Quality;
Pursuant to the Government's Decree No. 132/ 2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;
Pursuant to the Government's Decree No. 17/ 2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
In order to meet the practical requirements for the quality control of building glass products and goods;
The Ministry of Construction provides for the quality control of building glass products and goods likely to cause unsafely as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for a list of building glass products and goods likely to cause unsafety. grounds for inspection of their quality and quality control work.

Article 2. Subjects of application

This Circular applies to organizations and individuals that produce, trade in, or design or conduct the installation of, building glass products and goods in Vietnam.

Chapter II

QUALITY CONTROL OF BUILDING GLASS PRODUCTS AND GOODS

Article 3. List of building glass products and goods likely to cause unsafety and grounds for inspection of their quality

The list of building glass products and goods likely to cause unsafety which belong to group 2 prescribed in the Law on Product and Goods Quality and grounds for inspection of their quality are specified as follows:

List of products and goods likely to cause unsafety:

Article 4. Provisions quality control of building glass products and goods

1. Quality control of building glass products and goods in production and trading:

a/ Organizations and individuals that manufacture or trade in building glass products and goods shall notify the conformity of products and goods quality (referred to as regulation-conformity notification) with standards prescribed in Columns 3 and 4 of the Table in Article 3, Chapter II, of this Circular;

b/ Glass manufacturers must have a quality management system up to standard ISO 9001: 2008;

c/ For building glass products and goods in Items 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the Table in Article 3, Chapter II, of this Circular, apart from regulation-conformity notification, evaluation and certification of regulation conformity (referred to as regulation-conformity certification) under standards specified in Columns 3 and 4 of the Table in Article 3 of Chapter II, of this Circular must be conducted by regulation-conformity certification organizations designated by the Ministry of Construction stated in the Appendix to this Circular. The updated list of organizations designated by the Ministry of Construction to conduct regulation-conformity certification for the quality of building glass products and goods is posted on the Ministry of Construction's website.

2. Quality control of imported building glass products and goods:

a/ Importers of building glass products and goods stated in the Table in Article 3 of this Circular into Vietnam shall make regulation-conformity notification under Point a. Clause 1, Article 4, Chapter II, of this Circular;

b/ Regulation conformity marks granted by regulation-conformity certification organizations for products must be displayed on products, product packings or documents;

c/ Importers shall supply to the customs office of the border-gate of importation certificates:

+ Conformity with standard ISO 9001: 2008 of manufacturers quality management system;

+ Conformity of the quality of samples of building glass products and goods at the border-gate of importation with Point a, Clause 1, Article 4, Chapter II, of this Circular.

d/ For products specified at Point c. Clause 1, Article 4, Chapter II, of this Circular, certification of regulation conformity shall be conducted by regulation-conformity certification organizations ;

e/ For building glass products and goods specified in the Table in Article 3, Chapter II, of this Circular which have been certified as regulation-conformable and satisfying conditions of the manufacture  process upon subsequent importations, the exemption from, and reduction of, quality inspection are provided as follows:

+ For products of the same categories and meeting the same technical standards and requirements specified in Column 4 of the Table which are supplied by the same manufacturer, valid certificates of the previous importation may be used. However, quality inspection and sample evaluation must be carried out at the border gates of importation in conformity with quality requirements prescribed at Columns 3 and 4 and with test methods prescribed at Column 5 of the Table.

+ Products of different categories and meeting the same technical standards and requirements specified in Column 4 of the Table which are supplied by the same manufacturer are exempt from examination and evaluation of the manufacturer's quality management system under standard ISO 9001: 2008.

+ Products of different categories and meeting different technical standards and supplied by the same manufacturer must be wholly inspected and certified.

3. Quality control of exported building glass products and goods:

a/ Exporters shall satisfy management requirements specified in Article 32 of the Law on Product and Goods Quality before exporting building glass products.

b/ Building glass products and goods specified in the Table which fail to meet export conditions may be circulated on the domestic market only if they comply with Clause 1, Article 4, Chapter II, of this Circular.

4. Quality control of building glass products and goods in the use process:

a/ Building glass products and goods specified in the Table which are locally manufactured must comply with Article 3 of this Circular before being put into use.

b/ Building glass products and goods specified in the Table which are imported or manufactured in export-processing zones for supply to the domestic market must fully comply with Clause 2, Article 4, Chapter II, of this Circular before being put into use.

c/ Organizations and individuals providing designing or conducting the installation of building glass products and goods specified in the Table shall abide by the provisions on use of building glass under Vietnam standard TCVN 7505: 2005.

Chapter III

IMPLEMENTATION PROVISIONS

Article 5. Organization of implementation

1. The Science, Technology and Environment Department - the Ministry of Construction - shall act as the focal point in managing activities of organizations conducting regulation conformity certification for building glass products specified in the Table in Article 3, Chapter II, of this Circular.

2. The Construction Materials Department -the Ministry of Construction - shall coordinate with provincial-level Construction Departments and relevant functional agencies in controlling the quality of building glass products and goods specified in the Table in Article 3. Chapter II, of this Circular, in production, trading, import, export and use.

3. Organizations and individuals that produce, trade in, import, export, and design or conduct the installation of, building glass products and goods shall strictly abide by this Circular.

4. Transitional provisions:

a/ Domestic production and business establishments failing to satisfy the conditions prescribed in Clause 1, Article 4, of this Circular may continue their operation under current regulations but shall consolidate their organization and improve production technologies to satisfy requirements set in this Circular within 180 days from the date of its signing.

b/ For producers or traders of building glass products and goods which possess valid certificates of quality management system under standard ISO 9001: 2000. after these certificates cease to be valid, they shall obtain certificates of conformity of the quality management system with standard ISO 9001: 2008 as stated at Point b. Clause 1, Article 4, Chapter II, of this Circular.

c/ For building glass products and goods under import or export contracts signed before the signing date of this Circular, current regulations may still apply to the quantity of products imported or exported within 60 days after the date this Circular is signed. Past this time limit, the remaining volume of building glass products and goods under signed contracts must comply with this Circular.

5. This Circular takes effect on August 1, 2009.

6. Any problems arising in the course of implementation should be reported to the Ministry of Construction for study and additional guidance.-

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