Chapter II
MANAGEMENT OF QUALITY OF PRODUCTS AND GOODS
Article 5. General requirements for management of quality of products and goods
1. Regarding products and goods mentioned in Clauses 1 and 2 Article 3 hereof.
a) Apply the quality management system to ensure product quality in accordance with corresponding technical regulations and label products as prescribed in Article 4 hereof before their marketing.
b) Submit declarations of conformity of products and goods with corresponding technical regulations. Declarations of conformity shall be submitted as prescribed in Chapter III hereof.
c) Be subject to inspections by authorities inspecting quality of products and goods.
2. Regarding products and goods mentioned in Clause 3 Article 3 hereof.
a) Declare applicable standards in accordance with regulations of the Law on Quality of Products and Goods.
b) Be subject to inspections by authorities inspecting quality of products and goods.
Article 6. Management of quality of products and goods
1. Management of quality of imported goods.
Quality of imported goods shall be managed as prescribed in Section 4 Chapter III of the Law on Quality of Products and Goods and Section 2 Chapter II of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 which is amended by Clause 3 Article 1 of the Government's Decree No. 74/2018/ND-CP dated May 15, 2018.
2. Management of quality of exported goods.
Quality of exported goods shall be managed as prescribed in Section 3 Chapter III of the Law on Quality of Products and Goods and Section 3 Chapter II of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 and regulations of importing countries.
3. Management of quality of goods sold on the market
Quality of goods sold on the market shall be managed as prescribed in Section 5 Chapter III of the Law on Quality of Products and Goods and Section 4 Chapter II of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, regulations of the Law on Penalties for Administrative Violations and relevant legislative documents and regulations of importing countries.
4. Management of product quality during manufacturing process.
a) Regarding products and goods managed according to the manufacturer’s applicable standards, their quality shall be managed as prescribed in the Circular No. 46/2015/TT-BCT dated December 11, 2015.
b) Regarding products and goods on the List of group 2 commodities under the management of the Ministry of Industry And Trade, which is promulgated in each period and products and goods managed according to the national technical regulations, their quality shall be managed as prescribed in Section 2 Chapter III of Law on Quality of Products and Goods, Article 5 Section 1 Chapter II of the Government's Decree No. 132/2008/ND-CP dated December 31, 2008.
5. Management of quality of goods during their use.
The management of quality of goods during their use shall comply with Section 6 Chapter III of the Law on Quality of Products and Goods and Section 5 Chapter II of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008.
Article 7. Authorities conducting state inspection of quality of imported goods
Authorities conducting state inspection of quality of imported goods of the Ministry of Industry and Trade are those assigned by the Minister of Industry and Trade to perform state management of quality of products and goods, including:
1. Industrial Safety Techniques and Environment Agency.
2. Vietnam Chemicals Agency.
Article 8. Bodies responsible for assessment of conformity of products and goods
1. Conformity assessment bodies participating in testing, certification, assessment and inspection to serve submission of declarations of standard conformity of products and goods managed according to applicable standards or serve submission of technical-regulation conformity of products and goods on the List of group 2 commodities, and products and goods managed according to technical regulations within the jurisdiction of the Ministry of Industry and Trade include:
a) Conformity assessment bodies that have registered their assessment of conformity of products and goods under the management of the Ministry of Industry and Trade in accordance with the procedures specified in the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016 and Decree No. 154/2018/ND-CP dated November 09, 2018.
b) Conformity assessment bodies that are assessed and designated by the Ministry of Industry and Trade when satisfying the eligibility requirements specified in Clause 8 Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 and Clauses 4, 5, 6 and 7 Article 4 of the Decree No. 154/2018/ND-CP dated November 09, 2018.
2. Conformity assessment bodies that have their registered their services and/or designated by the Ministry of Industry and Trade shall comply with regulations on conformity assessment and be subject to inspection and supervision by the Ministry of Industry and Trade.
The List of conformity assessment bodies that have their registered their services and/or designated by the Ministry of Industry and Trade shall be posted on the website of the Ministry of Industry and Trade (www.moit.gov.vn).
Article 9. Applications and methods for designation of conformity assessment bodies
1. Applications for designation as conformity assessment bodies shall be prepared as prescribed Clause 8 Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 and Clause 5 Article 4 of the Decree No. 154/2018/ND-CP dated November 09, 2018.
2. Methods for submission of applications are set forth in Clause 8 Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 and Clause 5 Article 4 of the Decree No. 154/2018/ND-CP dated November 09, 2018.
Article 10. Procedures for designation of conformity assessment bodies
1. Procedures for designation of conformity assessment bodies are specified in Clause 8 Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 and Clauses 5 Article 4 of the Decree No. 154/2018/ND-CP dated November 09, 2018.
2. The procedure for inspecting and designating a conformity assessment body is provided in the Appendix 1 hereof.
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