Thông tư 27/2019/TT-BKHCN hướng dẫn Nghị định 132/2008/NĐ-CP và Nghị định 74/2018/NĐ-CP

CIRCULAR

ELABORATING DECREE NO. 132/2008/ND-CP DATED DECEMBER 31, 2008 AND DECREE NO. 74/2018/ND-CP DATED MAY 15, 2018 OF THE GOVERNMENT ON NATIONAL QUALITY AWARD

Pursuant to the Law on Product and Good Quality dated November 21, 2007;

Pursuant to the Government's Decree No. 95/2017/ND-CP dated August 16, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 on guidelines for the Law on Product and Good Quality and the Government’s Decree No. 74/2018/ND-CP May 15, 2018 on amendments to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 on guidelines for the Law on Product and Good Quality;

At the request of the Director of Directorate for Standards, Metrology and Quality and the Director of the Department of Legal Affairs;

The Minister of Science and Technology promulgates a Circular on guidelines for Decree No. 132/2008/ND-CP dated December 31, 2008 and Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government for the National Quality Award.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for Decree No. 132/2008/ND-CP dated December 31, 2008 and Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government for the National Quality Award, including:

1. Criteria and grading scales to consider the National Quality Award;  

2. The system of operation of the National Quality Award;

3. Consideration of granting National Quality Award;

4. Nomination to participate in the Asia-Pacific International Quality Awards.

Article 2. Regulated entities

This Circular applies to:

1. Organizations and enterprises participating in the National Quality Award (hereinafter referred to as NQA applicants), including the following types:

a) Large manufacturing;

b) Small and medium manufacturing;

c) Large service;

d) Small and medium service.

2. Regulatory agencies and relevant entities.

Article 3. Interpretation of terms

For the purposes of this Circular, these terms below shall be construed as follows:

1. "large manufacturing" and "large services" organizations and enterprises (specified at Points a and c, Clause 1, Article 2 of this Circular refer to organizations or enterprises that employ more than 250 official employees (employment contract from 01 year or more);

2. "small and medium manufacturing" and "small and medium service" organizations and enterprises (specified at Points b and d, Clause 1, Article 2 of this Circular) refer to organizations and enterprises that employ no more than 250 official employees (employment contract from 01 year or more);

3. NQA stands for National Quality Award;

4. APQO stands for Asia-Pacific Quality Organization;

5. GPEA stands for Global Performance Excellence Award.

Article 4. NQA applicants

1. Legal persons which have been engaged in manufacturing, business and service continuously in Vietnam and have not violated Vietnamese law for at least 36 months until the submission time of NQA applications.

2. NQA winners prescribed in clause 1 Article 25 of the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 on guidelines for the Law on Product and Good Quality (hereinafter referred to as Decree No. 132/2008/ND-CP) amended by clause 12 Article 1 of the Government’s Decree No. 74/2018/ND-CP May 15, 2018 on amendments to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 on guidelines for the Law on Product and Good Quality (hereinafter referred to as Decree No. 74/2018/ND-CP), regardless of how many times they have participated in and won the NQA.

3. NGQA (National Gold Quality Award) winners prescribed in clause 1 Article 25 of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1 of Decree No. 74/2018/ND-CP, after two years since being accorded the NGQA by the Prime Minister, now eligible for re-participating in the NQA.

Article 5. Criteria for assessment and calculation of NTP score

1. Role of leadership:                                                                           120 points.

2. Strategy of operation:                                                                       85 points.

3. Policy oriented on customers and the market:                                    85 points.

4. Knowledge measurement, analysis and management:                         90 points.

5. Human resource management:                                                           85 points.

6. Process management:                                                                      85 points.

7. Performance:                                                                                    450 points.

Chapter II

THE SYSTEM OF OPERATION OF NATIONAL QUALITY AWARD

Article 6. NQA governing authorities

1. The Ministry of Science and Technology shall assist the Government in overseeing quality awards, performing the tasks and powers specified in Clause 1, Article 27a of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1 of Decree No. 74/2018/ND-CP.

2. The Directorate for Standards, Metrology and Quality is the NQA standing body which performs the tasks and powers specified in Clause 2, Article 27a of Decree No. 132/2008/ND-CP, which is amended in Clause 12. Article 1 of Decree No. 74/2018/ND-CP.

3. Ministries and central authorities which perform the tasks and powers specified in Clause 3, Article 27a of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1 of Decree No. 74/2018/ND-CP shall take steps below:

a) Appoint the standing body of the NQA to preside over the annual implementation of the NQA within the scope of its management according to the NQA Plan of the Ministry of Science and Technology;

b) Establish Prequalification Councils of ministries and central authorities (hereinafter referred to as Ministerial Pre-qualification Councils), with the written consent of the Ministry of Science and Technology, to conduct the review and evaluation of organizations and enterprises under specialized management of the ministries and central authorities.

4. The People's Committees of the provinces and centrally-affiliated cities (hereinafter referred to as provinces) shall perform the tasks and powers specified in Clause 3, Article 27a of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1 of Decree No. 74/2018/ND-CP. The advisory agency of the People's Committee of province that manages science and technology in the province is the local standing body of the NQA.

Article 7. Awards councils at all levels

1. Prequalification Council

a) Composition and duties of the Prequalification Council are specified in Article 27b of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1 of Decree No. 74/2018/ND-CP.

b) The President of Local Prequalification Council is the leader representative of the advisory agency of the People’s Committee of province that manages the science and technology in the province.

The President of Ministerial Prequalification Council is the leader representative of the ministry or central authority which holds the prequalification.

c) The Secretary of the Local Prequalification Council is an officer of the Sub-department of Standards, Metrology and Quality or the representative of the local standing body of NQA named in the list of members of the Prequalification Council made by the standing body of the NQA.

The Secretary of the Ministerial Prequalification Council is the representative of the standing body of the NQA of the ministry or central authority named in the list of members of Prequalification Council established by that ministry or central authority.

2. National Council

a) Composition and duties of the National Council are specified in Article 27c of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1 of Decree No. 74/2018/ND-CP.

b) The President of the National Council is the leader representative of the Ministry of Science and Technology.

c) The Secretary of the National Council is the representative of the standing body of the NQA.

3. Award Councils at all levels shall proceed the works while satisfying the following requirements:

a) The President of award council shall chair all meetings of the council. In case the President is absent, the Vice President shall, on behalf of the President, preside over the meetings of the council;

b) The award council works on the basis of the consensus of members who present at the meeting.  The council's meetings must be attended by at least 2/3 of members.  The council's conclusions are valid when agreed by at least 3/4 of the council members present.

Chapter III

ASSESSMENT PROCESS AND PROCEDURE FOR APPLICATION FOR NQA

Article 8. Assessment process of the Prequalification Council

1. The Prequalification Council shall assess the NQA applicants following two steps as prescribed in Article 28 of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1. Decree No. 74/2018/ND-CP.

a) Step 1: Application assessment

The Prequalification Council shall propose the local/ministerial standing body of NQA to set up an assessor group to assess the applications. The assessor group is composed of at least 03 (three) assessors who independently perform the assessment. After the assessment, the assessor group shall make a single assessment report.

b) Step 2: Site visit

The Prequalification Council shall propose the local/ministerial standing body of NQA to delegate an assessor group, composed of the representative of the Prequalification Council and at least 03 assessors, to undertake a site visit to the NQA applicant. The assessor group shall make a site visit report and add it to the final assessment report.

2. According to the report on assessment of the application and site visit, the Prequalification Council shall propose a list of nominees (qualified applicants) for the NQA and enclosed documents to the local/ministerial standing body of the NQA.

3. Based on the report on assessment of the application and site visit and nomination of the Prequalification Council, the local/ministerial standing body of the NQA shall complete the nomination and send it to the standing body of the NQA (the Directorate for Standards, Metrology, and Quality) as prescribed in clause 2 Article 28 of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1. Decree No. 74/2018/ND-CP.

Article 9. Assessment process of the National Council

1. The National Council shall receive applications of the Prequalification Councils from the standing body of the NQA and do the followings:

a) Propose the standing body of the NQA to set up assessor groups to assess the applications and relevant documents of the nominees;

b) Propose the standing body of the NQA (in necessary circumstances) to undertake site visit to the nominees to further consolidate the basis for the award.

2. According to the report on assessment of the application and site visit, the National Council shall do the followings:

a) Make a list of nominees for the NQA;

b) Request the standing body of the NQA to seek consultation from the ministries and central authorities, the People's Committees of provinces about the nominees on a case-by-case basis. The ministries and central authorities, the People's Committees of provinces shall reply such a request for consultation within 15 days of receipt;

c) Notify the standing body of the NQA of the assessment result and list of proposed NQA winners, and then further notify the Prequalification Councils and proposed NQA winners.

Article 10. Procedure for proposal of NQA

1. According to the assessment result of the National Council, the standing body of the NQA shall complete the applications and present them to the Minister of Science and Technology (via the specialized authority of commendation and reward), which further request the Prime Minister to accord the NQA and certificates of merit of the Prime Minister.

2. Documents to be submitted to the Minister of Science and Technology are specified in Point c, Clause 3, Article 28 of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1 of Decree No. 74./2018/ND-CP.

Article 11. The benefits of NQA winners

1. NQA winners are entitled to the benefits specified in Article 30 of Decree No. 132/2008/ND-CP, which is amended in Clause 12, Article 1 of Decree No. 74/2018/ND-CP.

2. NQA winners may receive trophies and certificates of the Minister of Science and Technology. The sample of NQA trophies and certificates for NQA winners are specified in the Annex hereto.

3. NGQA winners may request the Prime Minister to award certificates of merit, considering the total points achieved in descending order.

Chapter IV

NOMINATION TO PARTICIPATE IN THE ASIA-PACIFIC INTERNATIONAL QUALITY AWARDS

Article 12. Participation in APQO

The Directorate for Standards, Metrology and Quality is the representative of Vietnam that participates in APQO as an official member and pays annual membership dues in accordance with this Organization's regulations; implements international cooperation on quality awards in accordance with the law; and nominate applicants to attend GPEA annually held by APQO.

Article 13. Criteria for GPEA applicants

A GPEA applicant must meet the following criteria:

1. The applicant has been accorded a National Gold Quality Award in the last two years of the registration year. During these two years, the applicant has never won a GPEA;

2. The applicant is selected by the Directorate for Standards, Metrology, and Quality and nominated to the GPEA Governing Council of APQO;

3. The applicant has fully complied with the responsibilities and obligations set forth by APQO and the competent regulatory agencies.

Article 14. Tasks of the Directorate for Standards, Metrology, and Quality in nominating applicants to GPEA of APQO

1. Consider and nominate applicants that satisfy the criteria specified in Article 13.

2. Guide the applicant to prepare a GPEA application as per the regulations.

3. Notify the applicants of the awarding result and assign a Vietnamese delegation to receive the GPEA.

4. Announce the GPEA result on the mass media, on the website of the Ministry of Science and Technology, the Directorate for Standards, Metrology, and Quality and hold an Honoring Ceremony in Vietnam for the GPEA winners.

5. Provide guidelines for eligibility requirements; aware criteria; types of applicants; forms of awards; applications; procedure for assessment and nomination; logo of NQA for winners prescribed in the Annex hereto; rights and obligations of applicants and winners as per the regulations of the NAQ and APQO.

Chapter V

IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Science and Technology

1. Establish a National Council;

2. Propose the Prime Minister to accord the NQA and certificates of merit of the Prime Minister to the NQA winners;

3. Cover operational costs of the standing body of the NQA and the National Council;

4. Appoint the standing body of the NQA to assume the prime responsibility for holding annual NQA.

Article 16. Responsibilities of the standing body of the NQA

1. Establish Local Prequalification Councils.

2. Propose a list of National Council members to the Minister of Science and Technology for approval.

3. Cooperate with the National Council in assessing the NQA applications.

4. Seek consultations from the ministries and central authorities, and the People’s Committees of provinces about the applicants.

5. Propose the Minister of Science and Technology to request the Prime Minister to sign the decision on the NQA and certificates of merit of the Prime Minister to the winners.

6. Preside over and propose participation in activities of APQO. Select and nominate applicants for annual GPEA.

7. Send written notices of the awarding result to the ministries and central authorities, and the People’s Committees of provinces, Prequalification Councils, winners and relevant entities after obtaining a decision on the NQA and certificates of merit of the Prime Minister.

8. Announce the NQA result on the mass media, on the website of the Ministry of Science and Technology, the Directorate for Standards, Metrology, and Quality.

9. Take charge and cooperate with the ministries and central authorities, and the People’s Committees of provinces, Prequalification Councils, radio, television and press agencies in central and local governments in disseminating and raise public awareness of the NQA and winners.

10. Take charge and cooperate with relevant ministries and central authorities in holding award ceremonies for NQA winners and awarding certificates of merit of the Prime Minister.

11. Announce violations and actions to be taken against any violating NQA winner on the mass media, on the website of the Ministry of Science and Technology, the Directorate for Standards, Metrology, and Quality.

Article 17. Responsibilities of ministries and central authorities

1. Establish Ministerial Prequalification Councils.

2. Assess and propose NQA applicants under their line management, and request the Ministry of Science and Technology to nominate these applicants to the Prime Minister.

3. Cooperate with the Ministry of Science and Technology and relevant agencies in disseminating and raise public awareness of the NQA and winners.

4. Cooperate with the Ministry of Science and Technology in holding award ceremonies for NQA winners and awarding certificates of merit of the Prime Minister.

5. Cover operational costs of the standing body of the NQA and the National Council.

Article 18. Responsibilities of the People's Committee of province

1. Cooperate with the Ministry of Science and Technology in initiating annual NQA in the province.

2. Direct the local standing body of NQA and the Local Prequalification Council to assess and propose a list of NQA nominees to the National Council.

3. Cooperate with the Ministry of Science and Technology in seeking consultation about the awarding to local applicants.

4. Cover operational costs of the local standing body of the NQA and the Local Prequalification Council.

Article 19. Responsibilities of a NQA winner

1. Ensure the accuracy of the NQA application and information provided for the award council.

2. Fully comply with regulations when participating in the NQA and after awarded; not prejudice the goodwill of the NQA.

3. Proactively promote, tell the news and post the awarding result, general information about the NQA on the newspapers, radio, television, their website and initiate appropriate communications about the NQA; use the logo of the NQA and GPEA on their products and publications.

4. The winner shall publish the awarding result and/or any violation (if any) in an accurate, open and timely manner during and after the awarding ceremony to the specialized agencies in the province or ministry or central authority and the standing body of the NQA.

Article 20. Funding

1. Funding for the NQA is specified in Clause 1, Article 29 of Decree No. 132/2008/ND-CP, as amended in Clause 12, Article 1 of Decree No. 74/2018/ND-CP.

2. Funding of state budget shall be set aside from the expenditure estimate of science and technology to initiate the NQA, including the following activities: operation of the award councils at all levels; assessment of NQA applicants and GPEA applicants of the award councils and assessors; press conference to announce awarding result; holding award ceremony; communications; training courses for the applicants and award council members, NQA assessors and other activities directly related to the operation of NQA.

3. The Ministry of Science and Technology shall cover operational costs of the NQA of the central standing body of NQA and the National Council.

4. The ministries and central authorities shall cover operational costs of the ministerial standing body of the NQA and the Ministerial Prequalification Council.

5. The People's Committee of province shall cover operational costs of the local standing body of the NQA and the Local Prequalification Council.

Chapter VI

IMPLEMENTATION

Article 21. Entry into force

1. This Circular comes into force as of August 1, 2020.

2. Circular No. 17/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology and Circular No. 07/2012/TT-BKHCN dated April 2, 2012 of the Minister of Science and Technology shall cease to be effective from the date of entry into force of this Circular.

Article 22. Grandfather clause

Activities related to assessment and proposal for NQA and nomination for GPEA which have been initiated from July 1, 2018 to before the date of entry into force of this Circular shall comply with Circular No. 17/2011/TT-BKHCN and Circular No. 07/2012/TT-BKHCN.

Article 23. Implementation

1. Director General of the Directorate for Standards, Metrology, and Quality shall initiate and provide guidelines for this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Science and Technology for consideration.

3. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces and relevant organizations and enterprises shall implement this Circular./.