Tiếng Việt- 1 Circular No. 01/1998/TT-TCBD of May 15, 1998, guiding the implementation of Decree No.109/1997/ND-CP of the Government on post and telecommunications regarding the management of the quality of post and telecommunication supplies, equipment, networks and services
- 2 1992 Constitution of the Socialist Republic of Vietnam
| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 18/1999/PL-UBTVQH10 | Hanoi, December 24, 1999 |
ON GOODS QUALITY
(No. 18/1999/PL-UBTVQH10)
To raise the goods quality and production and business efficiency; to protect the legitimate rights and interests of production and business organizations and individuals as well as consumers; to rationally use natural resources and labor; to protect the environment; to promote scientific and techno-logical progresses; to enhance the State management effectiveness; and to create favorable conditions for international technical, economic and trade cooperation;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly, 4th session, on the legislative program for its whole tenure as well as the 1999 legislative program;
This Ordinance provides for goods quality,
In cases where international agreements which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from the provisions of this Ordinance, the provisions of such international agreements shall apply.
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Article 5.- State agencies, economic organizations, political organizations, socio-political organizations, social organizations, socio-professional organizations, people�s armed forces units and all individuals shall have to implement this Ordinance and other provisions of the legislation on goods quality.
The Vietnam Fatherland Front’s Central Committee and member organizations shall, within the ambit of their tasks and powers, have to propagate, educate and encourage people to abide by and supervise the implementation of the legislation on goods quality.
Article 8.- To strictly prohibit the following acts:
1. Producing, trading in goods that fail to ensure the quality prescribed by law;
2. Giving false information, making untruthful advertisements or committing other fraudulent acts concerning the goods quality.
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The quality standards shall be reflected in form of technical documents.
The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall promulgate the branch standards on goods quality (hereafter referred to as branch standards) for application within their respective branches or domains assigned to them for management according to the Government’s stipulations.
Production and business organizations and individuals shall promulgate the basic standards on goods quality (hereafter referred to as basic standards) for application within their own establishments and shall take responsibility for the goods’ quality standards they have promulgated.
2. The State creates conditions for organizations and individuals to voluntarily apply foreign and international standards on the basis of compliance with the provisions of Vietnamese law and international agreements which Vietnam has signed or acceded to so as to promote international technical, economic and trade cooperation.
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The Government shall stipulate the promulgation of a list of goods subject to the Vietnamese standards.
2. Production and business organizations and individuals stipulated in Clause 1 of this Article shall have to announce and ensure that their goods are compatible with the corresponding Vietnamese standards.
2. Production and business organizations and individuals stipulated in Clause 1 of this Article shall have to announce and ensure that their goods meet the corresponding standards.
QUALITY CERTIFICATION AND RECOGNITION OF QUALITY CONTROL SYSTEMS
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2. The recognition of quality control systems includes the recognition of quality control systems of the goods quality test offices, goods quality expertizing organizations, goods quality certifying organizations, and organizations certifying quality control systems’ compatibility with the Vietnamese standards, branch standards, or foreign or international standards applicable in Vietnam.
The conditions for operation of organizations in charge of the quality certification and quality control system recognition shall be stipulated by the Government.
2. Basing themselves on the list of goods subject to the standards stipulated in Clause 1, Article 13 of this Ordinance, the ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall issue lists of goods subject to the quality certification according to branch standards or other standards.
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STATE MANAGEMENT OVER GOODS QUALITY
Article 23.- The contents of State management over goods quality include:
1. Elaborating and organizing the implementation of policies, plannings and plans on goods quality;
2. Issuing and organizing the implementation of legal documents on goods quality.
3. Organizing and managing operations of the goods quality State management agencies of all levels;
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5. Managing the goods quality certification activities and certification of quality control systems; the recognition of quality control systems of the goods quality testing offices, goods quality expertizing organizations, goods quality-certifying organizations and goods quality control systems-certifying organizations;
6. Organizing the scientific research and the application of technical advances in the field of goods quality;
7. Organizing and managing the professional and technical training and fostering on goods quality;
8. Organizing the information, propagation and popularization of knowledge and laws on goods quality;
9. Organizing and effecting international cooperation on goods quality.
10. Inspecting, examining the observance of the legislation on goods quality; settling complaints and denunciations and handling violations of the legislation on goods quality.
2. The Ministry of Science, Technology and Environment shall take responsibility before the Government for the unified State management over goods quality.
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3. The Ministry of Science, Technology and Environment shall coordinate with the Ministry of Trade, the ministries, ministerial-level agencies and agencies attached to the Government in exercising the State management over goods quality according to the assignment of responsibilities by Government.
4. The People’s Committees of all levels shall, within the ambit of their tasks and powers, exercise the State management over goods quality in their respective localities according to the assignment of responsibilities by the Government.
Article 25.- The Government shall stipulate goods quality charges and fees.
EXAMINATION AND INSPECTION OF GOODS QUALITY
2. Goods which have been certified as meeting the set standards; goods of production and business organizations and individuals, which have been certified as having quality control systems compatible with the Vietnamese standards or foreign or international standards shall be exempt from the quality examination, except for cases where signs of violations of the quality control legislation are detected.
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2. The organization and operations of the goods quality specialized inspectorate shall be stipulated by the Government.
The inspection shall be conducted by inspection teams or inspectors.
1. In the course of inspection, an inspection team or inspector shall have the competence:
a/ To request the relevant organizations or individuals to supply documents and answers on the matters necessary for the inspection;
b/ To take goods samples for testing according to law;
c/ To make record on the inspection and propose handling measures;
d/ To apply measures for the prevention and handling of violations according to law provisions; where signs of a crime are detected, to transfer the dossier to the competent State agency.
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a/ To produce the inspection decision and inspector’s card;
b/ To strictly comply with the inspection order and procedures, not to trouble, harass or obstruct production/business activities; not causing harms to the legitimate rights and interests of production and business organizations and/or individuals as well as consumers;
c/ To abide by law and take responsibility for all their acts, conclusions and handling measures; and pay compensation for damage incurred as prescribed by law.
COMMENDATION AND HANDLING OF VIOLATIONS
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Article 36.- This Ordinance takes effect as from July 1st, 2000.
Article 37.- This Ordinance replaces the Ordinance on Goods Quality of December 27, 1990.
The earlier provisions contrary to this Ordinance are all now annulled.
Article 38.- The Government shall detail the implementation of this Ordinance.
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- 1 Decree of Government No. 126/2005/ND-CP, providing for sanctioning of administrative violations in the field of measurement and product and goods quality.
- 2 Decree No. 179/2004/ND-CP of October 21, 2004, providing for state management over product and goods quality
- 3 1992 Constitution of the Socialist Republic of Vietnam