Chương 2 Thông tư 28/2012/TT-BKHCN: Công bố hợp chuẩn

Chapter 2.

DECLARATION OF STANDARD CONFORMITY

Article 7. Principles for declaration of standard conformity

1. Objects of declaration of standard conformity include products, goods, services, process, environment specified in the respective standards. Declaration of standard conformity is a voluntary operation.

2. Declaration of conformity with respective standard is based on:

a) Result of certifying the standard conformity which is performed by the registered certifying organization or:

b) Result of self-assessment by the organization or individual that makes the declaration of standard conformity.

The test in serve for assessing the standard conformity must be conducted at the registered testing organizations.

Article 8. Orders of declaration of standard conformity

Declaration of standard conformity is conducted according to the following steps:

1. Step 1: Assessing the object conformity of declaration of standard conformity with the respective standard (hereinafter abbreviated to assessing the standard conformity).

a) The registered certifying organizations (third party) or the organization or individual that makes the declaration of standard conformity (first party) shall assess the standard conformity.

The assessment of conformity shall comply with methods of assessing the conformity specified in clause 1 article 6 of this Circular;

b) The result of assessment of standard conformity specified in point a Clause 1 of this Article is basis for making declarations of standard conformity.

2. Step 2: Applications for registration of the declaration of standard conformity are registered at the Sub-Departments for Standards, Metrology and Quality in provinces or central-affiliated cities where the manufacturer is registered (hereinafter abbreviated to Sub-Departments).

Article 9. Application for registration of the declaration of standard conformity

The product owner shall make 02 (two) sets of application for registration of the declaration of standard conformity, in which 01 (one) application shall be submitted directly or through post office to the Sub-Departments and 01 (one) application shall be kept by the product owner. An application includes documents as follows:

1. In case of declaration of standard conformity based on result of certifying the standard conformity of the registered certifying organizations (the third party), application for registration of the declaration of standard conformity includes:

a) Declaration of standard conformity (made according to Form 2. CBHC/HQ specified in Annex III of this Circular);

b) Original copies of documentary evidences about business operation of the product owner (written enterprise registration or the Business registration certificate or Business household registration certificate or investment certificate or decision on establishment or other papers as prescribed by law);

c) Original copy of the applied standard;

d) Original copy of the standard conformity certificate issued by the registered certifying organizations, enclosed with standard conformity marking specimen.

While processing the application, if it is necessary, the copies may be considered or compared with the originals or the authenticated copies may be required for supplementation.

2. In case of declaration of standard conformity based on result of self assessment of the first party, application for registration of the declaration of standard conformity includes:

a) Declaration of standard conformity (made according to Form 2. CBHC/HQ specified in Annex III of this Circular);

b) Original copies of documentary evidences about business operation of the product owner (written enterprise registration or the Business registration certificate or Business household registration certificate or investment certificate or decision on establishment or other papers as prescribed by law);

c) Original copy of the applied standard;

d) In case where the product owner has not yet been granted the certificate of standard conformity about management system (ISO 9001, ISO 22000, HACCP...) by the registered certifying organizations, the application must include the production process enclosed with plan on quality control formulated and applied (according to form 1. KHKSCL specified in Annex III of this Circular) and plan on supervising the management system;

dd) In case where the product owner has been granted the certificate of standard conformity about management system (ISO 9001, ISO 22000, HACCP...) by the registered certifying organizations, the application must include copy of valid original of certificate of conforming standards about management system;

e) Report on assessing the standard conformity (made according to form 5. BCDG specified in Annex III of this Circular), enclosed with original copy of the test result of sample within 12 months calculated to time of submitting application for registration of the declaration of standard conformity made by the registered testing organizations.

While processing the application, if it is necessary, the copies may be considered or compared with the originals or the authenticated copies may be required for supplementation.

Article 10. Processing of applications for registration of the declaration of standard conformity

Application for registration of the declaration of standard conformity send to the Sub-Department is proccessed as follows:

1. If the application for registration of the declaration of standard conformity fail to be sufficient as prescribed in Article 9 of this Circular, within 03 (three) working days after receiving application for registration of the declaration of standard conformity, Sub-Departments shall notify in writing to request for supplementation of kinds of papers as prescribed in Article 9 of this Circular to The product owner. Within 15 (fifteen) working days after Sub-Departments send the written request, if the application for registration of the declaration of standard conformity are not supplemented fully as prescribed, the Sub-Departments have right to stop processing such application.

2. If the application for registration of the declaration of standard conformity are sufficient as prescribed in Article 9 of this Circular, within 05 (five) working days after receiving application for registration of the declaration of standard conformity, Sub-Departments shall examine the validity of applications for registration of the declaration of standard conformity to solve as follows:

a) If application for registration of the declaration of standard conformity is sufficient and valid, the Sub-Department shall issue a notification of receipt of the application for registration of the declaration of standard conformity to the applicant (made according to Form 3. TBTNHS specified in Annex III of this Circular). The notification of receipt of the application for registration of the declaration of standard conformity is valid according to value of certificate of standard conformity which is issued by the registered certifying organizations or it will be valid in 03 (three) years after head of the product owner has signed for certifying the report of assessing the standard conformity (in case of self-assessment).

b) If application for registration of the declaration of standard conformity is sufficient but invalid, the Sub-Department shall issue a written notice to the applicant about reason for rejection of the application.

Article 11. Responsibilities of the product owner

1. To select methods to assess the conformity so as to ensure the reliability of assessment result.

2. To maintain continuously and take responsibility for the conformity of products, goods, services, process and environment as registered for declaration of standard conformity; maintain the quality control, testing and supervision on a periodical basis at the premises of the product owner.

3. When detecting the non-conformity of products, goods, services, process, and environment having the declaration of standard conformity, during the circulation and use, the product owner must:

a) Temporarily stop ex-warehousing and conduct recall of unconformable products and goods circulating on the market in case such unconformable products and goods have high risks of causing danger for users; stop the operation, exploitation of relevant process, services and environment as necessary;

b) To conduct measures to overcome the non-conformity;

c) To inform in writing to Sub-Departments about result of overcoming the non-conformity before continue putting the products, goods, services, process, environment into use, circulation, exploitation, and business.

4. To make and store applications for registration of the declaration of standard conformity as follows:

a) In case of declaration of standard conformity based on result of certifying the standard conformity of the registered certifying organizations (the third party), a stored application for registration of the declaration of standard conformity includes originals, copies of papers as prescribed in Clause 1 Article 6 and documents about assessment and supervision by the registered certifying organizations;

b) In case of declaration of standard conformity based on result of self-assessment by the product owner (first party), a stored application for registration of the declaration of standard conformity includes originals, copies of papers as prescribed in Clause 2 Article 9 and documents about self-assessment by the product owner under the supervision plan.

5. To provide documents to prove assurance of conformity of products, goods, services, process and environment with the respective standard as required by competent state agencies.

6. To provide original copy of notice on receiving application for registration of the declaration of standard conformity to the product owner business in products, goods, services, process and environment.

7. To make another declaration when there is any change about content of the registered application for registration of the declaration of standard conformity or any change about feature, utility, characteristic of products, goods, or services having the declaration of standard conformity.