NATIONAL ASSEMBLY
No. 05/2007/QH12

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

Hanoi, 21 November 2007

LAW
ON PRODUCT AND GOODS QUALITY

Based on the Constitution of the Socialist Republic of Vietnam of 1992, as amended and supplemented by Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Product and Goods Quality.

CHAPTER I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the rights and obligations of organizations and individuals producing or trading products and goods, and of organizations and individuals carrying out activities related to product and goods quality; and for the management of product and goods quality.

Article 2. Regulated entities

This Law applies to organizations and individuals producing or trading products and goods, and organizations and individuals carrying out activities related to product and goods quality in Vietnam.

Article 3. Interpretation of terms

For the purposes of this Law, the terms are understood as follows: product means the result of a production process or service provision for business or consumption purposes; goods means products placed into circulation on the market and consumed through exchange, sale and purchase, or marketing; product and goods quality means the degree to which the characteristics of products and goods meet the requirements set out in the declared applicable standards and corresponding technical regulations; conformity assessment organization means an organization that conducts testing, inspection, verification, or certification of the conformity of products and goods with declared applicable standards and corresponding technical regulations.

Article 4. Application of law

Activities for the management of product and goods quality must comply with this Law and other relevant provisions of law. Where an international treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, such international treaty shall apply.

Article 5. Principles for management of product and goods quality

Product and goods quality shall be managed on the basis of declared applicable standards and corresponding technical regulations; responsibility for quality belongs to producers, importers and sellers; state management activities must ensure publicity, transparency and objectivity, and must not create unnecessary obstacles to production and business activities.

Article 6. State policies on activities related to product and goods quality

The State encourages organizations and individuals to develop and apply advanced standards and quality management systems; invest in technological innovation; and improve productivity, quality and competitiveness of products and goods.

Article 7. Prohibited acts

It is prohibited to produce, import or trade products and goods that fail to ensure safety; to counterfeit or commit fraud in relation to quality; to provide misleading information; to obstruct quality inspection and examination activities relating to products and goods; and to commit other violations as prescribed by law.

CHAPTER II. RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS REGARDING PRODUCT AND GOODS QUALITY

Article 8. Rights of producers

Producers have the right to decide and declare applicable standards; select conformity assessment organizations; lodge complaints, denunciations or lawsuits in accordance with law; and request sellers to properly comply with conditions for preservation, transportation, storage and use of products and goods.

Article 9. Obligations of producers

Producers must ensure that products manufactured by them conform to declared applicable standards and corresponding technical regulations; label products in accordance with regulations; be responsible for product quality; and compensate for damage caused by products that fail to ensure quality.

Article 10. Rights of importers

Importers have the right to request exporters to provide information and documents related to goods quality; select conformity assessment organizations; and lodge complaints, denunciations or lawsuits in accordance with law.

Article 11. Obligations of importers

Importers must ensure that imported goods conform to declared applicable standards and corresponding technical regulations; take responsibility for the quality of goods imported by them; carry out state quality inspection for goods subject to inspection; and label goods in accordance with law.

Article 12. Rights of sellers

Sellers have the right to request producers and importers to provide information on goods quality; claim compensation for damage caused by the fault of producers or importers; and lodge complaints, denunciations or lawsuits in accordance with law.

Article 13. Obligations of sellers

Sellers must ensure conditions for preservation, transportation and storage of goods; provide truthful information on goods quality; stop selling goods that fail to ensure quality; and take handling measures as prescribed.

Article 14. Rights and obligations of consumers

Consumers have the right to be provided with truthful information on product and goods quality and to claim compensation in accordance with law; consumers are obliged to comply with instructions for use and conditions for preservation of products and goods.

CHAPTER III. MANAGEMENT OF PRODUCT QUALITY IN PRODUCTION

Article 23. Conditions for ensuring product quality in production before products are placed on the market

Producers must declare applicable standards, ensure that products conform to the declared applicable standards and corresponding technical regulations, and take responsibility for the quality of products manufactured by them.

Article 24. Quality control in production

Producers must apply quality control measures during the production process, maintain quality records, and take corrective measures when non-conforming products are detected.

Article 25. Declaration of applicable standards

Producers must declare applicable standards for products in accordance with the law on standards and technical regulations.

Article 26. Conformity certification and conformity declaration

Products in Group 2 must be certified for conformity and declared for conformity with the corresponding technical regulations before being placed into circulation on the market.

Article 27. Inspection of product quality in production

Competent state authorities shall conduct inspection of product quality in production in accordance with regulations, focusing on products that may cause unsafe conditions, products showing signs of non-conformity, and other necessary cases.

CHAPTER IV. MANAGEMENT OF QUALITY OF IMPORTED GOODS, EXPORTED GOODS, GOODS IN MARKET CIRCULATION AND GOODS DURING USE

Section 1. Management of quality of imported goods

Article 34. Conditions for ensuring the quality of imported goods before they are placed on the market

Imported goods must have their applicable standards declared and must be labeled in accordance with the law on goods labeling. Imported goods in Group 2 must be certified for conformity and declared for conformity with the corresponding technical regulations. Imported goods in Group 2 must undergo quality inspection upon importation according to the inspection contents prescribed in Clause 2 Article 27 of this Law.

Article 35. Procedures for quality inspection of imported goods

The product and goods quality inspection authority conducts inspection in the following order: receiving the importer’s dossier for registration of quality inspection; reviewing the validity and completeness of the dossier; checking conformity assessment results, goods labels, conformity marks and accompanying documents; and issuing inspection results as the basis for handling imported goods in accordance with regulations.

Article 36. Handling of violations during quality inspection of imported goods

Imported goods that do not conform to the corresponding technical regulations, lack required dossiers or documents, or show signs of causing unsafe conditions may be required to be re-exported, destroyed, recycled, remedied, supplemented with dossiers, or otherwise handled in accordance with law.

Article 37. Costs of quality inspection of imported goods

Importers shall bear the costs of quality inspection of imported goods in accordance with law.

Section 2. Management of quality of exported goods

Exported goods must conform to declared applicable standards, corresponding technical regulations, commercial contracts, international treaties, or the requirements of the importing country. Where exported goods fail to ensure quality, related organizations and individuals must take handling measures in accordance with law.

Section 3. Management of quality of goods in market circulation and during use

Goods circulating on the market must ensure quality, be labeled in accordance with regulations, and have clear origin. Group 2 goods during use must comply with technical regulations and be subject to inspection by competent state authorities when necessary.

CHAPTER V. INSPECTION AND EXAMINATION OF PRODUCT AND GOODS QUALITY

Competent state authorities shall conduct inspection and examination of product and goods quality; handle violations; and apply preventive and enforcement measures to ensure the handling of violations in accordance with law.

CHAPTER VI. RESPONSIBILITIES FOR STATE MANAGEMENT OF PRODUCT AND GOODS QUALITY

The Government shall exercise unified state management of product and goods quality. The Ministry of Science and Technology shall be responsible before the Government for performing state management of product and goods quality; ministries managing sectors and fields, and People’s Committees at all levels, shall perform management responsibilities within their assigned scope.

CHAPTER VII. IMPLEMENTATION PROVISIONS

Article 68. Amendments and supplements to a number of provisions of related laws

Amendments and supplements to related laws shall be implemented in accordance with this Law and its guiding documents.

Article 69. Transitional provisions

Products and goods that have been certified or declared as conforming to standards or technical regulations before the effective date of this Law may continue to be implemented according to the validity period stated in the certificate or declaration, unless otherwise provided by law.

Article 70. Effect

This Law takes effect from 1 July 2008. The Ordinance on Goods Quality No. 18/1999/PL-UBTVQH10 ceases to be effective from the date this Law takes effect.

Article 71. Guidance for implementation

The Government shall detail and guide the implementation of the articles and clauses assigned under this Law.

Article 72. Organization of implementation

The Government, ministries, ministerial-level agencies, Government-attached agencies and People’s Committees at all levels shall organize the implementation of this Law.

This Law was passed by the XIIth National Assembly of the Socialist Republic of Vietnam at its 2nd session on 21 November 2007.

CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong