THE GOVERNMENT

No. 132/2008/ND-CP

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

Hanoi, December 31, 2008

DECREE detailing the implementation of a number of articles of the Law on Product and Goods Quality

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

At the proposal of the Minister of Science and Technology,

DECREES:

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation of a number of articles of the Law on Product and Goods Quality concerning management of product and goods quality; organization of product and goods quality inspection; the National Quality Awards; and responsibilities for state management of product and goods quality.

Article 2. Subjects of application

This Decree applies to organizations and individuals producing and trading products and goods, and to organizations and individuals conducting activities related to product and goods quality in Viet Nam.

Article 3. Identification and promulgation of the list of products and goods capable of causing unsafety

1. The identification of products and goods on the list of products and goods capable of causing unsafety (Group-2 products and goods) shall be based on:

a) The possible capability of the products or goods to cause unsafety;

b) State management requirements and capacity in each period.

2. The possible capability of products and goods to cause unsafety shall be determined based on one or more of the following factors:

a) Chemical, physical or biological nature;

b) Structure and operating principles;

c) Transportation, storage, preservation and use process.

3. Based on Clauses 1 and 2 of this Article, the line ministries shall promulgate lists of Group-2 products and goods under their assigned management scope as prescribed in Clause 2 Article 32 of this Decree after obtaining opinions from the Ministry of Science and Technology.

Chapter II. MANAGEMENT OF PRODUCT AND GOODS QUALITY

Section 1. MANAGEMENT OF PRODUCT QUALITY IN PRODUCTION

Article 4. Conditions for ensuring product quality in production before products are placed on the market

1. Producers shall comply with product quality management requirements prescribed in Article 28 of the Law on Product and Goods Quality before placing products into market circulation, and shall also:

a) Ensure that products are safe for humans, animals, plants, property and the environment;

b) Determine and display information warning of the product’s capability of causing unsafety.

2. For Group-2 products, producers shall declare conformity with the corresponding technical regulations. The declaration of conformity shall comply with the law on standards and technical regulations.

For Group-2 products having specific requirements on the production process, the line ministry shall promulgate national technical regulations for the production process or specify production-process requirements in the national technical regulations applicable to such products. Producers shall apply the relevant national technical regulations on production-process conditions and obtain conformity certification from a designated certification organization.

3. Where a Group-2 product has new characteristics that may potentially cause unsafety under reasonable and proper transportation, storage, preservation and use conditions, and such new characteristics have not yet been prescribed in the corresponding national technical regulations, or where a product appears in Viet Nam for the first time and may potentially cause unsafety, the producer shall prove that the product is safe for humans, animals, plants, property and the environment according to regulations of the line ministry. Such products may be placed on the market only after permission is granted by the line ministry.

Article 5. State inspection of product quality in production

1. State inspection of product quality in production (hereinafter referred to as inspection of product quality in production) shall be conducted by product and goods quality inspection agencies.

2. Grounds for product and goods quality inspection agencies to conduct inspection of product quality in production include:

a) Exported goods fail to meet the conditions prescribed in Article 32 of the Law on Product and Goods Quality, thereby affecting national interests and reputation;

b) Goods circulating on the market fail to conform to the declared applicable standards or corresponding technical regulations, and such nonconformity is systematic and repeated.

3. Inspection contents include:

a) Inspection of the implementation of requirements prescribed in the corresponding technical regulations concerning production-process conditions and measures for state management of product quality in production;

b) Inspection of conformity assessment activities and results, labeling, display of conformity marks and regulation-conformity marks, and documents accompanying products subject to inspection;

c) Sample testing to examine the conformity of products with declared applicable standards and corresponding technical regulations.

The inspection under Point c shall be conducted when signs of failure to ensure quality are detected after the inspection contents under Points a and b of this Clause have been carried out, and shall be conducted through testing by a designated conformity assessment organization.

4. During inspection under Clause 3 of this Article, the inspection agency may use experts or conformity assessment organizations to conduct assessment and testing according to declared applicable standards and corresponding technical regulations. Such experts and organizations must be independent and objective and are responsible before law for their assessment and testing results.

Article 6. Handling of violations during inspection of product quality in production

1. Where a producer fails to meet the requirements prescribed in Article 28 of the Law on Product and Goods Quality, the inspection team shall handle the case in accordance with Article 30 of that Law and shall notify the producer of nonconforming contents and specify the time limit for remedy. The producer shall remedy the nonconforming contents as required by the inspection team and may place the product on the market only after such nonconformities have been remedied. Before placing the remedied product on the market, the producer shall notify the inspection agency in writing.

2. Where public announcement on the mass media is required under Point c Clause 1 and Clause 2 Article 30 of the Law on Product and Goods Quality, depending on the nature and severity of the violation and the extent and scale of impact, the product and goods quality inspection agency shall decide to announce the matter on local or central radio or television stations or other mass media.

3. Where an administrative violation requiring handling is detected, the inspection agency shall transfer the dossier and propose that the competent agency carry out administrative-violation handling procedures in accordance with the law on handling of administrative violations. The competent agency shall notify the inspection agency of the handling and handling result for monitoring.

Section 2. MANAGEMENT OF IMPORTED GOODS QUALITY

Article 7. Conditions for ensuring quality of imported goods before they are placed on the market

1. Importers shall comply with goods quality management requirements prescribed in Article 34 of the Law on Product and Goods Quality before circulating goods on the market, and shall also:

a) Ensure that goods are safe for humans, animals, plants, property and the environment;

b) Determine and display information warning of the risk that goods may cause unsafety.

2. For Group-2 goods, importers shall declare conformity and obtain conformity certification in accordance with the corresponding technical regulations.

Conformity certification shall comply with the law on standards and technical regulations. Conformity declaration shall be made based on one of the following grounds:

a) Results of self-assessment by the producer or importer;

b) Assessment by a conformity assessment organization;

c) Conformity certification according to the corresponding technical regulations;

d) Inspection results at the export border gate or import border gate issued by a designated or recognized certification or inspection organization as prescribed in Article 26 of the Law on Product and Goods Quality.

3. For Group-2 goods for which technical regulations prescribe conditions relating to the production process, the importer shall additionally provide a certificate concerning the production-process conditions issued by a designated certification organization or a recognized certification organization.

4. Where Group-2 goods have new characteristics that may potentially cause unsafety under reasonable and proper transportation, storage, preservation and use conditions, and such new characteristics have not yet been prescribed in the corresponding technical regulations, or where goods appear in Viet Nam for the first time and may potentially cause unsafety, the importer shall prove that such goods are safe for humans, animals, plants, property and the environment according to regulations of the line ministry. Such goods may be circulated on the market only after permission is granted by the line ministry.

5. Goods produced by enterprises in export-processing zones for the domestic market shall be managed for quality in the same manner as imported goods.

Article 8. State inspection of imported goods quality and handling of violations

1. State inspection of imported goods quality (hereinafter referred to as inspection of imported goods quality) shall be conducted by product and goods quality inspection agencies for Group-2 goods or other goods showing signs or risks of causing unsafety.

2. Imported goods quality inspection shall be conducted according to Clause 2 Article 27, the inspection order and procedures prescribed in Article 35, and the handling of violations during inspection prescribed in Article 36 of the Law on Product and Goods Quality.

If the quality of goods satisfies the prescribed requirements, the inspection agency shall issue a notice so that the customs authority and importer may carry out customs clearance procedures. If the quality of goods fails to satisfy the prescribed requirements, depending on the nature and severity of the violation, the inspection agency shall propose that the competent state agency apply one or more of the following measures:

a) Request the importer to re-export the goods;

b) Request the importer to reprocess or destroy the goods as prescribed. Products after reprocessing must comply with regulations on management of imported goods;

c) Consider intensified inspection at the border gate or propose that the competent state agency decide to suspend or stop the importation of such nonconforming goods.

3. Costs and fees for imported goods quality inspection shall comply with Article 37 of the Law on Product and Goods Quality.

Section 3. MANAGEMENT OF EXPORTED GOODS QUALITY

Article 9. Conditions for ensuring quality of exported goods before exportation

Exporters shall comply with the management requirements prescribed in Article 32 of the Law on Product and Goods Quality before exporting goods.

Article 10. State inspection of exported goods quality and handling of violations

1. Goods satisfying the requirements prescribed in Article 32 of the Law on Product and Goods Quality may be exported without inspection by the inspection agency.

2. Where exported goods fail to ensure quality and affect national interests and reputation, the product and goods quality inspection agency shall inspect product quality in production in accordance with Article 5 and handle the case in accordance with Article 6 of this Decree.

3. Exported goods, when circulated domestically, shall comply with the management requirements prescribed in Section 1 Chapter II of this Decree.

Section 4. MANAGEMENT OF GOODS QUALITY IN MARKET CIRCULATION

Article 11. Conditions for ensuring quality of goods circulating on the market

Goods satisfying the requirements prescribed in Articles 4 and 7 of this Decree may be circulated on the market.

Article 12. Inspection of quality of goods circulating on the market

1. Product and goods quality inspection agencies shall develop methods for collecting information, analyzing nonconformities, identifying goods that fail to ensure quality, and monitoring quality developments of goods on the market in order to prepare annual inspection plans, inspection budget estimates and lists of goods subject to inspection.

2. Based on inspection plans and quality developments of goods on the market, product and goods quality inspection agencies shall inspect the quality of goods circulating on the market according to the following contents:

a) Inspecting conformity assessment results, goods labeling, display of standard-conformity marks and regulation-conformity marks, documents accompanying goods subject to inspection, and information and warnings about goods’ capability of causing unsafety;

b) After inspecting the requirements under Point a of this Clause or where signs of failure to ensure quality are detected, conducting sample testing to examine conformity of goods with declared applicable standards and corresponding technical regulations through a designated conformity assessment organization. The conformity assessment organization must be independent and objective and responsible before law for its assessment results.

Article 13. Handling of violations during inspection of quality of goods circulating on the market

1. Product and goods quality inspection agencies shall inspect the quality of goods circulating on the market according to the order and procedures prescribed in Article 39 and handle violations according to Article 40 of the Law on Product and Goods Quality. Quality controllers and inspection teams shall notify sellers of nonconforming contents and time limits for remedy. All nonconforming contents must be remedied before the sale of goods may continue, and sellers shall notify the inspection agency in writing.

2. Where public announcement on the mass media is required under Point c Clause 1 and Point c Clause 2 Article 40 of the Law on Product and Goods Quality, depending on the nature and severity of the violation and the extent and scale of impact, the product and goods quality inspection agency shall decide to announce the matter on local or central radio or television stations or other mass media.

3. Where an administrative violation requiring handling is detected, the inspection agency shall transfer the dossier and propose that the competent agency carry out administrative-violation handling procedures in accordance with the law on handling of administrative violations. The competent agency shall notify the inspection agency of the handling and handling result for monitoring.

Section 5. MANAGEMENT OF GOODS QUALITY DURING USE

Article 14. Conditions for ensuring goods quality during use

1. Users and owners of goods shall comply with the conditions prescribed in Article 42 of the Law on Product and Goods Quality in order to ensure goods quality during use.

2. Goods on the list of goods subject to inspection during use may be put into use only after an inspection certificate has been issued.

3. Users and owners of goods subject to inspection shall pay inspection costs and inspection fees. Inspection costs shall be agreed upon with inspection organizations.

The Ministry of Finance shall prescribe the levels, collection and management of inspection fees for goods subject to inspection during use.

Article 15. Quality management of goods subject to management during use

The line ministries, within their assigned management scope prescribed in Clause 2 Article 32 of this Decree, shall prescribe lists and management processes for goods subject to inspection, initial testing and periodic inspection during use.

Article 16. Inspection of quality of goods subject to management during use and handling of violations

1. For goods subject to management during use, product and goods quality inspection agencies shall develop methods for collecting information to warn of quality risks, identify goods that fail to ensure quality, and monitor quality developments of goods subject to management during use in order to prepare annual inspection plans, inspection budget estimates and specific goods subject to inspection.

2. Based on inspection plans and quality developments of goods subject to management during use, product and goods quality inspection agencies shall inspect the quality of such goods according to the following contents:

a) Inspecting compliance with requirements prescribed in the corresponding technical regulations relating to conditions of the use process and measures for state management of quality during use;

Where necessary, the inspection agency may use experts or conformity assessment organizations to conduct assessment according to the corresponding technical regulations. Such experts and organizations must be independent and objective and responsible before law for their assessment results.

b) Inspecting compliance with inspection requirements, inspection results and user-instruction documents accompanying the goods subject to inspection;

c) Where the requirements prescribed at Points a and b of this Clause are not fully implemented or signs of failure to ensure quality are detected, the inspection agency shall consider testing such goods through a designated conformity assessment organization;

The conformity assessment organization must be independent and objective and responsible before law for its assessment results.

3. Where goods are found not to conform to inspection requirements and corresponding technical regulations, depending on the nature and severity of the violation, the inspection team or quality inspection agency shall:

a) Notify the owner of the goods of the nonconforming contents and the time limit for remedy;

b) Request the owner to suspend use and take measures to announce the suspension of use. All nonconforming contents must be remedied, inspected and granted a re-inspection certificate before such goods may be put back into use;

c) Propose that the competent state agency conduct inspection, impose administrative sanctions, confiscate or destroy the goods, or permanently terminate their use.

Section 6. CONFORMITY ASSESSMENT

Article 17. Conformity assessment organizations and registration of conformity assessment fields

1. Conformity assessment organizations may provide services in the territory of Viet Nam after satisfying the conditions prescribed in Clause 5 Article 25 of the Law on Product and Goods Quality, and shall have the rights prescribed in Article 19 of that Law.

2. Registration of operation fields of conformity assessment organizations is prescribed as follows:

a) Registration of standard-conformity certification and testing activities shall be conducted at the Ministry of Science and Technology;

b) Registration of regulation-conformity certification activities shall be conducted at ministries, ministerial-level agencies and provincial-level People’s Committees that promulgate technical regulations;

c) Registration of inspection activities shall be conducted at the Ministry of Industry and Trade in accordance with the law on commerce;

d) Registration of verification activities shall be conducted at ministries and ministerial-level agencies corresponding to their assigned scope of product and goods quality management.

3. Ministries, ministerial-level agencies and provincial-level People’s Committees receiving registration of operation fields of conformity assessment organizations under Clause 2 of this Article shall notify the Ministry of Science and Technology every six months of the list of conformity assessment organizations that have registered.

4. The Ministry of Science and Technology shall summarize and publicly announce the list of conformity assessment organizations that have registered their operation fields under Clause 2 of this Article.

5. The Ministry of Science and Technology shall prescribe requirements, order and procedures for registration of operation fields of conformity assessment organizations.

Article 18. Designation of conformity assessment organizations and recognition of conformity assessment results

1. Conformity assessment organizations that have registered their operation fields under Article 17 of this Decree may be selected and designated to participate in activities serving state management of product and goods quality.

2. Line ministries and provincial-level People’s Committees shall designate conformity assessment organizations to conduct testing, inspection, certification and verification serving state management of product and goods quality in their assigned sectors, fields or localities.

Conformity assessment results of designated conformity assessment organizations shall be considered and recognized by competent state agencies during product and goods quality examination and inspection.

3. Line ministries and provincial-level People’s Committees shall publicly announce the list of designated conformity assessment organizations and conformity assessment organizations whose conformity assessment results are recognized under Clause 2 Article 26 of the Law on Product and Goods Quality for selection and use by related agencies, organizations and individuals.

4. The Ministry of Science and Technology shall prescribe requirements, order and procedures for designation of conformity assessment organizations.

Article 19. Conformity assessment costs

1. Producers and traders shall pay conformity assessment costs as agreed with conformity assessment organizations.

2. The Ministry of Finance shall preside over, and coordinate with specialized line ministries in, reviewing fees related to conformity assessment activities that must be abolished. Completion shall be before December 1, 2009.

Chapter III. ORGANIZATION OF PRODUCT AND GOODS QUALITY INSPECTION

Article 20. Product and goods quality inspection agencies

1. Central product and goods quality inspection agencies are general departments, departments performing the state management function for product and goods quality, or other agencies under ministries assigned to perform product and goods quality inspection tasks.

2. Local product and goods quality inspection agencies are specialized agencies under provincial-level People’s Committees performing the state management function for local product and goods quality and conducting product and goods quality inspection in their management areas according to regulations of the line ministries.

3. Based on specific requirements, line ministries and provincial-level People’s Committees shall prescribe the functions, tasks, powers and organizational structures of units conducting product and goods quality inspection under Clauses 1 and 2 of this Article and reach agreement with the Ministry of Home Affairs on the staffing of quality controllers of such units.

Article 21. Assignment of product and goods quality inspection responsibilities to inspection agencies under line ministries

1. Product and goods quality inspection agencies under line ministries shall inspect product and goods quality in the fields assigned under decrees defining the functions, tasks, powers and organizational structures of their ministries, specifically in production, export, import, market circulation and use as follows:

a) For products in production, as prescribed in Clause 2 Article 32 of this Decree;

b) For goods in export, import, market circulation and use, as prescribed in Clause 2 Article 70 of the Law on Product and Goods Quality and goods on the list prescribed in Article 15 of this Decree.

2. The product and goods quality inspection agency under the Ministry of Science and Technology shall inspect product and goods quality within its assigned scope, specifically:

a) For products in production, as prescribed at Point p Clause 2 Article 32 of this Decree;

b) For exported goods, imported goods, goods circulating on the market and goods during use, as prescribed in Clause 4 Article 69 of the Law on Product and Goods Quality.

3. Product and goods quality inspection agencies prescribed in Clauses 1 and 2 of this Article shall have the powers prescribed in Article 46 and the tasks prescribed in Article 47 of the Law on Product and Goods Quality, and shall perform the following specific tasks:

a) Preside over and coordinate with other agencies in organizing inspection activities within their assigned fields;

b) Proactively coordinate with market surveillance agencies in handling violations during inspection of quality of goods circulating on the market;

c) Guide and provide professional direction so that local product and goods quality inspection agencies directly conduct inspections;

d) Summarize and review the quality situation of products and goods under their management and report to their managing ministries and the Ministry of Science and Technology.

The Ministry of Science and Technology shall preside over and coordinate with line ministries in prescribing regulations on inspection of quality of products and goods circulating on the market, and shall formulate and submit to the Prime Minister for promulgation regulations on coordination between the inspection agencies prescribed in Clauses 1 and 2 of this Article, local product and goods quality inspection agencies, inspectorates, customs agencies, public security agencies and market surveillance agencies in inspecting product and goods quality within assigned scopes.

Article 22. Quality controllers

1. Quality controller is a specialized civil-servant rank for product and goods quality inspection.

2. Titles, rank codes and professional standards of civil-servant ranks specialized in product and goods quality control shall be promulgated by the Ministry of Home Affairs.

3. Line ministries and provincial-level People’s Committees shall decide on appointment and rank conversion of quality-controller civil servants according to decentralization and assigned management fields for civil servants performing product and goods quality inspection at product and goods quality inspection agencies.

The Ministry of Home Affairs shall preside over and coordinate with the Ministry of Science and Technology in guiding appointment and rank conversion of quality-controller civil servants.

4. Quality controllers shall be issued separate uniforms, badges and quality-controller cards according to regulations of the Ministry of Science and Technology.

Article 23. Funding sources for product and goods quality inspection activities

1. Funding sources for product and goods quality inspection include:

a) Annual state budgets of line ministries and provincial-level People’s Committees;

b) Other sources.

2. The Ministry of Finance shall preside over and coordinate with the Ministry of Science and Technology in specifically prescribing expenditure items and the allocation, management and use of funding for state inspection of product and goods quality.

Chapter IV. NATIONAL QUALITY AWARDS

Article 24. Purposes and conditions for award consideration

1. The National Quality Award is a national-level honoring and commendation presented by the Prime Minister to organizations and enterprises with outstanding achievements in improving product and goods quality according to the criteria of the National Quality Award and that have lawfully operated in Viet Nam for at least three years.

2. The National Quality Award shall be considered and granted annually.

Article 25. Award forms

The National Quality Award includes:

1. National Quality Gold Award;

2. National Quality Silver Award.

Award-winning organizations and enterprises shall receive a trophy together with a certificate.

Article 26. Principles for award consideration

1. There shall be no discrimination based on type or scale and no limitation on the number of participating organizations and enterprises.

2. Award consideration shall ensure publicity, objectivity and fairness according to expert scoring methods based on the criteria prescribed in Article 27 of this Decree.

Article 27. Award criteria

The National Quality Award shall be evaluated according to the following criteria:

1. Role of leadership of the organization or enterprise;

2. Operational strategy of the organization or enterprise;

3. Customer- and market-oriented policies;

4. Measurement, analysis and knowledge management;

5. Human-resource management and development;

6. Management of the operational processes of the organization or enterprise;

7. Operational results of the organization or enterprise.

Article 28. Award consideration procedures

1. The National Quality Award shall be considered through a preliminary selection council and a national council.

a) The national council shall be established by decision of the Minister of Science and Technology and shall consist of 11 to 17 members who are representatives of relevant ministries, sectors, agencies and organizations. The council shall have a chairperson, one vice-chairperson and members. Council members must have knowledge in the quality field and understand the requirements of the National Quality Award;

b) Preliminary selection councils shall be established by the standing body of the National Quality Award based on proposals of Directors of Departments of Science and Technology;

A preliminary selection council shall have 7 to 11 members who are representatives of departments, sectors and related organizations. It shall have a chairperson, one vice-chairperson and members. Its members must have knowledge in the quality field and understand the requirements of the National Quality Award.

c) The standing body of the National Quality Award is the Directorate for Standards, Metrology and Quality.

2. The Minister of Science and Technology shall submit to the Prime Minister the list of organizations and enterprises proposed for award consideration for review and decision.

3. The Ministry of Science and Technology shall prescribe the number of gold and silver awards, trophy models and certificate forms of the National Quality Award; and shall provide detailed guidance on the order and procedures for award consideration, detailed criteria, scoring scale and organization of the award ceremony.

Article 29. Operating funds

Funds for organizing activities of the National Quality Award include:

1. State-budget sources;

2. Sponsorship from domestic and foreign organizations and individuals;

3. Contributions from participating organizations and enterprises.

Article 30. Rights and benefits of award-winning organizations and enterprises

1. Organizations and enterprises winning the National Quality Award may announce, disseminate and advertise on the mass media or by other forms of introduction about their units, and may use the symbol of the National Quality Award on their products and publications.

2. Organizations and enterprises winning the National Quality Gold Award shall be nominated by the standing body of the National Quality Award to participate in regional and international quality awards.

Chapter V. RESPONSIBILITIES FOR STATE MANAGEMENT OF PRODUCT AND GOODS QUALITY

Article 31. Responsibilities of the Ministry of Science and Technology for state management of specific product and goods quality

1. To perform the state management tasks for product and goods quality prescribed in Article 69 of the Law on Product and Goods Quality.

2. Within the tasks and powers of line ministries, the Ministry of Science and Technology shall:

a) Conduct state management of product quality in production for products and goods under its assigned fields according to the law on standards and technical regulations;

b) Conduct state management of quality for exported goods, imported goods, goods circulating on the market and goods during use that are capable of causing unsafety in its assigned fields as prescribed in Clause 4 Article 69 of the Law on Product and Goods Quality;

c) Every six months, annually and irregularly, synthesize and report to the Prime Minister on the situation and results of product and goods quality inspection nationwide.

Article 32. Responsibilities of line ministries for state management of product and goods quality

1. To perform the state management tasks for product and goods quality prescribed in Clause 1 Article 70 of the Law on Product and Goods Quality.

2. Line ministries shall conduct state management of product quality in production as follows:

a) Ministry of Health:

– Traditional medicine and pharmacy; public health; food hygiene and safety; functional foods; foods fortified with micronutrients; supplementary foods; food additives; drinking water; domestic-use water; natural mineral water; cigarettes; chemicals and preparations for insecticidal and germicidal use in household and medical sectors;

– Medical examination and treatment; care; convalescence; rehabilitation; cosmetic surgery;

– Medicines and cosmetics;

– Medical equipment and medical works.

b) Ministry of Agriculture and Rural Development:

– Plant varieties and animal breeds; agricultural, forestry and aquatic products; salt; cattle, poultry and domestic animals;

– Agricultural, forestry and fishery supplies; fertilizers; animal feed and raw materials for animal feed production;

– Products and services in farming, harvesting, processing, preservation and transportation of agricultural, forestry and aquatic products and salt;

– Additives and chemicals used in agriculture, forestry and fisheries; plant-protection and animal-protection drugs;

– Irrigation works and dikes;

– Fishing tools and equipment subject to strict safety requirements in the fisheries sector.

c) Ministry of Transport:

– Types of vehicles, specialized loading and unloading equipment and construction equipment in transport (except vehicles used for defense and security purposes and fishing vessels), and specialized transport technical equipment and devices;

– Road, railway, inland waterway, maritime and aviation transport infrastructure;

– Services in the transport sector.

d) Ministry of Construction:

– Civil construction works, houses and offices;

– Construction materials;

– Architecture and construction planning, including regional construction planning, urban construction planning, rural residential construction planning, construction planning of industrial parks, economic zones, hi-tech parks and important international border gates;

– Technical infrastructure in urban areas, industrial parks, economic zones and hi-tech parks;

– Services in the construction sector.

đ) Ministry of Industry and Trade:

– Chemicals and industrial explosives;

– Machinery and equipment subject to strict occupational safety requirements under the Ministry’s state management scope;

– Consumer-industry products, food-industry products and other processing-industry products as prescribed by law;

– Services in the industry and trade sector;

– E-commerce.

e) Ministry of Labor, War Invalids and Social Affairs:

– Machinery, equipment and supplies subject to strict occupational safety requirements; personal protective equipment for workers;

– Specific occupational-safety products as prescribed by law;

– Public amusement works;

– Services in the labor, war invalids and social affairs sector.

g) Ministry of Information and Communications:

– Press products; publishing; postal services and delivery;

– Telecommunications equipment and telecommunications works;

– Postal, telecommunications, electronic and information-technology networks, works, products and services;

– Radio frequencies and radio transmitting and transceiving equipment;

– Services in the postal and telecommunications sector.

h) Ministry of Natural Resources and Environment:

– Natural resources and minerals;

– Hydrometeorology;

– Surveying and mapping;

– Services in the natural resources and environment sector.

i) Ministry of Education and Training:

– Textbooks, curricula and teacher-guidance documents;

– Teaching equipment, facilities and children’s toys in the education and training sector under the Ministry’s state management scope as prescribed by law;

– Services in the education and training sector.

k) Ministry of Finance: products related to national reserves, lottery business and securities activities; insurance, accounting, auditing, financial consultancy, tax, valuation and customs services.

l) Ministry of Culture, Sports and Tourism:

– Cultural, literary and artistic publications;

– Sports works; training and competition equipment and devices of physical-training and sports establishments and sports disciplines.

m) State Bank of Viet Nam: currency, banking activities and specialized banking equipment.

n) Ministry of National Defense: military vehicles and equipment, weapons and ammunition, defense products and defense works not classified as state secrets.

o) Ministry of Public Security: fire prevention and fighting; technical equipment, weapons, armaments, explosives, support tools and other products used for the People’s Public Security forces not classified as state secrets.

p) Ministry of Science and Technology: nuclear-radiation safety equipment; radioactive sources; measuring equipment and instruments and other products and goods, except products stated at Points a, b, c, d, đ, e, g, h, i, k, l, m, n and o of this Clause and products and goods in defense, security or state-secret fields.

3. Line ministries shall conduct state management of quality for exported goods, imported goods, goods circulating on the market and goods during use that are capable of causing unsafety within their assigned fields, in accordance with Clause 4 Article 69 and Clause 2 Article 70 of the Law on Product and Goods Quality and the goods on the list prescribed in Article 15 of this Decree.

4. Line ministries shall notify the Ministry of Science and Technology of the agencies responsible for assisting ministers in performing state management of product and goods quality under Clauses 2 and 3 of this Article. They shall report quarterly, every six months, annually and irregularly to the Ministry of Science and Technology on the situation and results of quality inspection for products and goods under their management for synthesis and reporting to the Prime Minister.

5. Where overlaps or duplications arise among assigned fields of line ministries, or new fields arise under Clauses 2 and 3 of this Article, the Ministry of Science and Technology shall synthesize and report to the Prime Minister for consideration and decision.

Article 33. Responsibilities of People’s Committees at all levels

1. Provincial-level People’s Committees, within their tasks and powers, shall:

a) Promulgate measures to encourage and create conditions for enterprises in their localities to improve quality and competitiveness of products and goods; direct local functional agencies to formulate and implement programs to improve productivity, quality and competitiveness of local products and goods;

b) Organize implementation of regulations of the Government, ministries and sectors on product and goods quality management according to management decentralization;

c) Organize and direct activities of local product and goods quality inspection agencies;

d) Monitor, make statistics and synthesize the situation of product and goods quality in their localities; quarterly, every six months, annually and irregularly report to the Ministry of Science and Technology on the situation and results of inspection of product and goods quality in their provinces and cities for synthesis and reporting to the Prime Minister;

đ) Propagate, disseminate and guide the law, and provide information on product and goods quality to producing and trading organizations and individuals and to consumers;

e) Inspect observance of the law on product and goods quality; settle complaints and denunciations and handle violations of the law on product and goods quality as prescribed by law;

g) Designate conformity assessment organizations in their localities as prescribed by law.

2. Departments of Science and Technology shall preside over and coordinate with relevant departments and sectors to assist provincial-level People’s Committees in performing state management of product and goods quality locally; and shall act as focal points for synthesizing and reporting the local quality situation to provincial-level People’s Committees and the Ministry of Science and Technology.

Sub-Departments of Standards, Metrology and Quality under Departments of Science and Technology shall directly assist Departments of Science and Technology in performing product and goods quality management and conducting local product and goods quality inspection.

3. District-level People’s Committees, within their tasks and powers, shall:

a) Propagate, disseminate and organize guidance on implementation of the law on product and goods quality as prescribed by law;

b) Participate in inspection of quality of goods circulating on the market and handle violations of the law on goods quality according to competence;

c) Monitor, make statistics and synthesize the situation of quality of goods circulating on the local market;

d) Settle complaints and denunciations about quality of goods circulating on the market as prescribed by law.

4. Commune-level People’s Committees, within their tasks and powers, shall:

a) Organize dissemination of the law on product and goods quality;

b) Organize technical guidance, inspect compliance with regulations of competent state agencies and handle violations concerning product and goods quality in small-scale production and trading within their areas according to management decentralization;

c) Coordinate with competent state agencies in product and goods quality examination and inspection in their areas as prescribed by law.

Article 34. Responsibilities of local product and goods quality inspection agencies

1. To formulate product and goods quality inspection plans according to assigned fields and areas.

2. To proactively organize and conduct inspection and handle product and goods quality issues according to regulations of line ministries and provincial-level People’s Committees.

3. To synthesize and report inspection results quarterly, every six months, annually and irregularly to line ministries, provincial-level People’s Committees and Departments of Science and Technology.

Chapter VI. IMPLEMENTATION PROVISIONS

Article 35. Transitional provisions

1. Products and goods subject to Vietnamese standards, sectoral standards and technical regulations, processes, rules, regulations and technical documents which have not yet been converted into national technical regulations (collectively referred to as technical documents) may continue to apply such technical documents for product and goods quality inspection until the conversion into national technical regulations is completed in accordance with Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government detailing the implementation of a number of articles of the Law on Standards and Technical Regulations.

2. Civil servants in agencies performing state management functions on quality under line ministries and provincial-level People’s Committees shall continue to conduct product and goods quality inspection until they are appointed or converted to the quality-controller rank in accordance with Clauses 2 and 3 Article 22 of this Decree.

Article 36. Effect

This Decree takes effect 15 days after its publication in the Official Gazette. Decree No. 179/2004/ND-CP dated October 21, 2004 of the Government on state management of product and goods quality and previous provisions contrary to this Decree are annulled.

Article 37. Guidance on implementation

The Minister of Science and Technology shall guide implementation of this Decree.

Article 38. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of People’s Committees of provinces and centrally run cities shall be responsible for implementing this Decree.

ON BEHALF OF THE GOVERNMENT

PRIME MINISTER

Signed

Nguyen Tan Dung

Recipients: The Party Central Committee Secretariat; the Prime Minister and Deputy Prime Ministers; ministries, ministerial-level agencies and government-attached agencies; the Central Steering Committee Office for Anti-Corruption; People’s Councils and People’s Committees of provinces and centrally run cities; the Central Party Office and Party Committees; the Office of the President; the Ethnic Council and Committees of the National Assembly; the Office of the National Assembly; the Supreme People’s Court; the Supreme People’s Procuracy; the State Audit; the National Financial Supervisory Commission; the Vietnam Bank for Social Policies; the Vietnam Development Bank; the Central Committee of the Vietnam Fatherland Front; central bodies of mass organizations; the Government Office; the Government Portal; departments, bureaus and units under the Government Office; the Official Gazette; archives.