Tiếng Việt| THE STATE COUNCIL |
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| No. 49-LCT/HDNN8 | |
In order to improve State management, guarantee and improve the quality of goods, accelerate business development, make proper use of natural resources including manpower, guarantee the safety and hygiene of the people, protect the environment and the rights and interest of consumers, expand commerce and enhance international co-operation This Ordinance makes regulations on the control of the quality of goods.
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The State encourages and shall create favorable conditions for organizations and individuals in order to guarantee and improve the quality of goods and to protect the rights and interests of consumers.
Organizations and individuals engaged in business shall be responsible for the quality of the goods
The system of control of the quality of goods implemented by the State shall consist of the following:
1. The formulating of plans and the establishment of regulations to control the quality of goods.
2. The organization and management of the activities of State managing authorities which are responsible for the control of the quality of goods.
3. The publication of Vietnamese standards which define the application of both Vietnamese standards and international standards in relation to the quality of goods.
4. The grant and registration of licenses to certify the quality of goods, the system for ensuring that the quality complies with Vietnamese standards and recognition of the quality control testing laboratories.
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Every organization or individual shall be entitled to complain about and report any breaches of the law on the quality of goods and to recommend measures relating to the proper management of the quality of goods to the people's councils, the people's committees at all levels, the State authority controlling the quality of goods or any other competent body. These bodies shall, in accordance with their respective levels of competence and and resolve the complaints and study the recommendation received, in accordance with the law.
AUTHORITIES CONTROLLING THE QUALITY OF GOODS
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The authorities controlling the quality of goods shall consist of the following:
1. The General Department of Standards Weights Measures and Quality under the State Committee for Science.
2. Regional Centers of Standards Weights Measures and
3. Offices of Standards Weights Measures and Quality of provinces, cities under central authority and equivalent levels.
In certain areas of production, the Chairman of the Council of Ministers shall assign to other authorities under the Council of Ministers the exercise of State control over the quality of goods.
The State authority controlling the quality of goods shall be responsible for the following:
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2. Organize and prepare the manner and form in which
3. Register and issue licenses certifying the quality of goods.
4. Certify the quality of goods, the systems which will ensure that the quality of goods produced meets Vietnamese standards and laboratories testing quality control.
5. Control the quality of exported and imported goods.
6. Exercise the function of State inspection of the quality of goods and within the limits of its authority, deal with breaches of the laws on quality.
7. The provision of organizational and professional guidance to the branches and units of the quality control authorities.
8. The carrying out of scientific and technical research into the standardization of the quality of goods.
9. The dissemination of information on the standard and quality of goods required.
10. The provision of training courses and refresher courses on the standards of quality of goods.
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The Council of Ministers shall determine if and to whom the duties and powers of the State authorities responsible for the quality of goods shall be delegated.
PROCLAMATION AND APPLICATION OF STANDARDS
The standards shall be in the form of documents which contain the various specifications, standards,
Vietnamese standard shall be proclaimed by the Chairman of the State Committee for Science on the recommendation of the Director General of the General Department of Standards Weights Measures and The Chairman of the Council of Ministers may, on the recommendation of the Chairman of the State Committee for Science, delegate to the head of a different authority under the Council of Ministers the power to proclaim standards in relation to certain types of goods.
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Any State authority or business organization which or individual who is duly authorized may declare that the Vietnamese standards which are otherwise voluntarily applied be compulsorily applied within its or his local units.
The application of voluntary Vietnamese standards is encouraged by the State.
Each branch and locality may declare its own branch or local standards which shall be applied to the various establishments within its branch or locality.
The standards referred to in this article shall not be contrary to any of the compulsory Vietnamese standards and shall be prescribed in accordance with the instructions of the General Department of Standards Weights Measures and Quality .
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Based upon the requirements of quality control at the time, the State Committee for Science shall periodically determine a list of goods required to be registered in terms of quality control. All organizations which and individuals who produce those particular goods listed shall then register the quality of them accordingly.
All organizations and individuals shall be wholly responsible for the quality of their goods which have been registered.
CERTIFICATE OF COMPATIBILITY WITH VIETNAMESE STANDARDS
Organizations which, and individuals who, produce goods in respect of which compliance with the Vietnamese standards is voluntary may also request a certificate of compatibility with those standards.
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The State Committee for Science shall proclaim the standards required for a Recognized Testing Laboratory.
Where an organization or individual breaches the regulations which govern the certificates, the General Department of Standards Weights Measures and Quality may cancel any certificate previously issued to that organization or individual and withdraw its right to use the stamp of Compatibility with Vietnamese Standards.
The following behavior is prohibited:
1. The production and sale of goods which are subject to the compulsory application of Vietnamese standards without any certificate and stamp of Compatibility with Vietnamese Standards.
2. The marking of goods with the stamp of Compatibility with Vietnamese Standards before the appropriate certificates and stamps have been
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The Council of Ministers shall determine the amount of fees referred to in this article.
QUALITY CONTROL OF EXPORTED AND IMPORTED GOODS
Organizations which, and individuals who, are engaged in the export or import of goods contained in the above list shall register those goods for product quality control either by a State authority controlling the quality of goods or other authorized body.
The State quality control authority or authorized body shall control the quality of goods in accordance with the regulations made by the Council of Ministers.
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Goods which are certified as complying with Vietnamese standards as referred to in article 16 of this Ordinance may be exempted from further quality control by the State when being exported.
STATE INSPECTION OF THE QUALITY OF GOODS
The State quality control authority shall be responsible for the inspection of the quality of goods.
The organization of and activities in relation to the inspection of the quality of goods shall be determined by the Chairman of the Council of Ministers.
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1. Request that the organizations or individuals concerned provide all documents and explanations necessary for the inspection and to carry out technical control measures at the premises.
2. Collect samples of the goods for the purposes of testing in accordance with the regulations.
3. Request that the General Department of Standards Weights Measures and Quality withdraw any certificate of Compatibility with Vietnamese Standards or Recognized Testing Laboratory, in the event that breaches of regulations relating to the certificate concerned are discovered.
4. Suspend all business activities and recommend to the head of the State quality control authority measures to be taken in the event that those activities are likely to result in serious consequences in terms of safety, hygiene, the environment and the economy.
5. Give verbal warnings and impose fines and penalties in accordance with the scope of their authority and recommend to the State authority other measures to be taken and forms of penalty to be imposed.
6. Transfer to criminal investigation authorities all information in relation to any breaches of the laws in the event that any evidence of criminal conduct is discovered.
The heads of the State quality control inspection units and officers shall be responsible for ensuring that all opinions formed and steps taken during an inspection are in accordance with the law.
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The opinions formed in relation to the quality of goods by either the General Director of the General Department of Standards Weights Measures and Quality or by the head of the office authorized by the Chairman of the Council of Ministers in respect of State quality control shall be deemed to be of greatest legal significance.
Any decisions made by the direct superior State quality control authority in relation to complaints made shall be binding.
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All previous provisions which are inconsistent with this Ordinance are hereby repealed.
This Ordinance shall be of full force and effect as of 1 July 1991.
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- 1 Law No. 68/2006/QH11 of June 29, 2006 on standards and technical regulations
- 2 Decision No. 50/2006/QD-TTg of March 7th, 2006 issuing the list of products and goods need to be inspected quality
- 3 Decision No. 09/2001/QD-BKHCNMT of May 10, 2001 promulgated by The Ministry of Science, Technology and Environment, approving the plan on the training and fostering of public servants in the 2001-2005 period
- 1 Law No. 68/2006/QH11 of June 29, 2006 on standards and technical regulations
- 2 Decision No. 50/2006/QD-TTg of March 7th, 2006 issuing the list of products and goods need to be inspected quality
- 3 Decision No. 09/2001/QD-BKHCNMT of May 10, 2001 promulgated by The Ministry of Science, Technology and Environment, approving the plan on the training and fostering of public servants in the 2001-2005 period
- 4 Decision No. 05/1999/QD-BCN of January 23, 1999, issuing the branchs 04 standards on the paper and cardboard products