Chương 4 Thông tư 28/2012/TT-BKHCN: Tổ chức thực hiện

Chapter 4.

ORGANIZATION OF IMPLEMENTATION

Article 17. Responsibilities of regulatory bodies

1. Responsibilities of Ministries managing sectors and fields, and People’s Committees of provinces, central-affiliated cities:

a) To direct activities involving declaration of technical-regulation conformity as prescribed in this Circular when promulgating respective technical regulations for management;

b) To direct focal agencies in charge of managing activities in declaration of technical-regulation conformity in the assigned fields; notify list of focal agencies for the relevant organizations and individuals for implementation and send list to the Ministry of science and technology for coordination and management;

c) To assign duty for receiving application for registration of the declaration of technical-regulation conformity to the receiving authorities;

d) Annually, to sum up situation of appointing the organizations for assessing the conformity, notify the Ministry of Science and Technology for coordination in management; or irregularly, as required, to sum up and report on receipt of declarations of technical-regulation conformity to the Ministry of Science and Technology for summing up and reporting to the Prime Minister.

2. Responsibility of the Directorate for Standards, Metrology and Quality shall act as an appointed focal agency as prescribed in point b Clause 1 of this Article:

a) To help the Ministry of Science and Industry for unified management and guiding activities involving assessment of the conformity, declaration of standard conformity and declaration of technical-regulation conformity;

b) To coordinate with focal agencies at Central level under Ministries managing sectors and fields, the Departments of science and technology in provinces and central-affiliated cities, in urging, guiding implementation of declaration of standard conformity, declaration of technical-regulation conformity as prescribed in this Circular;

c) To monitor receipt of declarations of standard conformity and declaration of technical-regulation conformity for products, goods, services, process, environment under management responsibility of Ministry of science and technology on the basis of reports of Sub-Departments of Standard, Metrology and Quality; to monitor the appointment of Ministries managing sectors, fields about activities of assessing the conformity.

3. Responsibilities of the appointed focal agencies, as prescribed in point b Clause 1 of this Article, and under Ministries managing sectors and fields, and People’s Committees of provinces, central-affiliated cities:

a) Monitoring and managing activities of registration for declaration of technical-regulation conformity conducted by the receiving authorities; coordinating with the Directorate for Standards, Metrology and Quality in managing activities of declaration of technical-regulation conformity; annually, summing up and reporting to send to Ministries managing sectors, fields and People’s Committees of provinces, central-affiliated cities, involving situation of appointment of assessing the conformity, concurrently sending them to the Directorate for Standards, Metrology and Quality for coordination in management;

b) Summing up receipt of declarations of technical-regulation conformity conducted by the receiving authorities and annually, or irregularly as required, reporting to the relevant Ministries managing sectors, fields and People’s Committees of provinces and central-affiliated cities.

4. Responsibilities of the receiving authorities which are appointed by the Ministries managing sectors and fields, and People’s Committees of provinces, central-affiliated cities:

a) Receiving and managing applications for registration of declaration of technical-regulation conformity; cancelling, suspending results of receiving applications for registration of the declaration of technical-regulation conformity for products, goods, services, process, environment managed by the national technical regulations which are promulgated by Ministries managing sectors and fields and the local technical regulations related to fields under their management;

b) To post publicly on their websites about receipt of declarations of technical-regulation conformity with the following contents:

- Name of the organization or individual making the declaration of technical-regulation conformity;

- Products and goods having the declaration of technical-regulation conformity;

- Number of technical regulations;

- Assessment type: The first party (name of the product owner) or third party (name of the appointed certifying organizations).

c) To coordinate with the Sub-Department of Standards, Metrology and Quality;

d) Annually or irregularly as required, to sum up and report to the focal agencies about list of products, goods, services, process and environment which have been registered for declaration of technical-regulation conformity (made according to Form 4. BCTNHS specified in Annex III of this Circular).

5. Responsibilities of Sub-Departments of Standards, Metrology and Quality, under Departments of science and technology in provinces and central-affiliated cities:

a) To receive registration and management of applications for registration of declaration of standard conformity; cancel, suspend results of receiving applications for declaration of standard conformity in localities and post publicly on websites of Departments of science and technology or Sub-Departments of Standards, Metrology and Quality about receipt of declarations of standard conformity;

b) To receive applications for registration and manage applications for registration of declaration of technical-regulation conformity; cancel, suspend results of receiving applications for registration of the declaration of technical-regulation conformity for products, goods, services, process, environment managed by the national technical regulations which are promulgated by the Ministry of Science and Technology and the local technical regulations related to fields under their management; post publicly on websites of Departments of science and technology or Sub-Departments of Standards, Metrology and Quality on localities about receipt of declarations of technical-regulation conformity with the following contents:

- Name of the organization or individual making the declaration of technical-regulation conformity;

- Products and goods having the declaration of technical-regulation conformity;

- Number of technical regulations;

- Assessment type: The first party (name of the product owner) or third party (name of the appointed certifying organizations).

c) To coordinate with the receiving authorities in localities in providing information about declaration of standard conformity to facilitate for examination on quality of products and goods;

d) Annually or irregularly as required, to sum up and report to the Directorate for Standards, Metrology and Quality about receipt of applications for registration of declaration of standard conformity, declaration of technical-regulation conformity (made according to Form 4. BCTNHS specified in Annex III of this Circular) as prescribed in point a, b this Clause.

Article 18. Examination, inspection and handling of violations

1. The competent state regulatory bodies shall conduct examination, inspection and handling of violations in declaration of standard conformity and declaration of technical-regulation conformity as prescribed in this Circular and other relevant current regulations.

2. Organizations and individuals infringing regulations on declaration of standard conformity and declaration of technical-regulation conformity, depend on nature and seriousness of violations shall be handled as prescribed by relevant current law.

Article 19. Provisions of implementation

This Circular takes effect on January 27, 2013, and replaces the Decision No. 24/2007/QD-BKHCN dated September 28, 2007, of the Minister of science and technology, on promulgating regulation on certifying standard conformity, certifying technical-regulation conformity and declaration of standard conformity, declaration of technical-regulation conformity.

Article 20. Organization of implementation

1. The Ministers, Heads of ministerial-level agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall carry out implementation of this Circular.

2. The General Director of Directorate for Standards, Metrology and Quality shall guide and organize implementation of this Circular.

3. In the course of implementation, any arising problems should be reported timely in writing to the Ministry of science and technology for research, amendment and supplementation.