Chương 1 Thông tư 28/2012/TT-BKHCN: Quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for declaration of standard conformity and declaration of technical-regulation conformity and method to assess the conformity with standards and technical regulations.

Article 2. Subjects of application

This Circular applies to organizations, individuals and regulatory bodies related to assessment of the conformity, declaration of standard conformity and declaration of technical-regulation conformity.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Declaration of standard conformity means the self-declaration made by an organization or individual whose products, goods, services, process, environment are conformable to respective standards.

2. Declaration of technical-regulation conformity means the self-declaration made by an organization or individual whose products, goods, services, process, environment are conformable to respective technical regulations.

3. The certifying organization means the organization that already registered the certifying operation as prescribed in the Circular No. 08/2009/TT-BKHCN dated April 08, 2009, of the Minister of science and technology, guiding the requirements, orders of and procedures for registering operation of conformity assessment (hereinafter abbreviated to the Circular No. 08/2009/TT-BKHCN) and Circular No. 08/2009/TT-BKHCN) and Circular No. 10/2011/TT-BKHCN dated June 30, 2011, of the Minister of science and technology amending and supplementing a number of Articles of the Circular No. 08/2009/TT-BKHCN (hereinafter abbreviated to the Circular No. 10/2011/TT-BKHCN).

4. The appointed certifying organization means the organization that already registered as prescribed in Clause 3 of this Article and appointed by competent agencies to certify technical-regulation conformity .

5. The registered testing organization means the organization that already registered the testing operation as prescribed in the Circular No. 08/2009/TT-BKHCN and Circular No. 10/2011/TT-BKHCN.

Article 4. Standard conformity marking and technical-regulation conformity marking

1. Standard conformity marking and use of standard conformity marking

The registered certifying organization may prescribe the standard conformity marking including form, structure, and expression and use the standard conformity marking to issue to objects certified standard conformity and must satisfy the following basic requirements:

a) It must clear, not confuse with other markings;

b) It must express full signs of respective standard used as basis for certifying the standard conformity.

In case where the declaration of standard conformity is made on the basis of assessment results produced by the declarant, it not required to provide for form, structure, expression and the standard conformity marking is not allowed using.

2. Technical-regulation conformity marking and use of technical-regulation conformity marking

a) The technical-regulation conformity marking has form, size as prescribed in Annex I of this Circular;

b) The technical-regulation conformity marking is used directly on products, goods or packages or in technical documents or on labels stuck on products, goods at apparent and readable positions;

c) The technical-regulation conformity marking must be ensured to not be erased easily and not be able to take it off then stick again;

d) The technical-regulation conformity marking may be enlarged or shrunk but the basic proportion and size of the technical-regulation conformity marking must be complied with provision in Annex I of this Circular and may be recognizable with naked eyes;

dd) The technical-regulation conformity marking must be designed and expressed in a same color and recognizable.

Article 5. Methods to assess the conformity

1. The conformity assessment is conducted according to one of the following methods:

a) Method 1: test on typical sample;

b) Method 2: test on typical sample and assess the manufacture process; supervise through testing on sample collected from market;

c) Method 3: test on typical sample and assess the manufacture process; supervise through testing on sample collected from manufacture area in association with assessment of the manufacture process;

d) Method 4: test on typical sample and assess the manufacture process; supervise through testing on sample collected from manufacture area and the market in association with assessment of the manufacture process;

dd) Method 5: test on typical sample and assess the manufacture process; supervise through testing on sample collected from manufacture area or the market in association with assessment of the manufacture process;

e) Method 6: assess and supervise the management system;

g) Method 7: test on and assess a batch of products, goods

h) Method 8: test or verify all products, goods

2. Content, orders and principle of using the methods to assess the conformity are prescribed in the Annex II of this Circular.

Article 6. Applying methods to assess the conformity

1. Methods to assess the standard conformity area applied to each kind of specific product, goods, service, the process, environment which are selected by organizations certifying the standard conformity or the organization or individual that makes the declaration of standard conformity according to the methods to assess the conformity specified in Article 5 of this Circular. The selected method to assess the conformity must be suitable to the assessed object so as to ensure the reliability of the result of assessment of conformity.

2.

The methods to assess the technical-regulation conformity applicable to specific products, goods, services, process, and environment are prescribed in the respective technical regulations

3. The methods to assess the conformity must be specified on certificate of the technical-regulation conformity.