GOVERNMENT

No. 132/2008/ND-CP

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Hanoi, 31 December 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 25 December 2001;

Pursuant to the Law on Product and Goods Quality dated 21 November 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 regarding product and goods quality management; organization of inspection of product and goods quality; the national quality award; and state management responsibilities for product and goods quality.

Article 2. Regulated entities

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

Article 3. Determination and issuance of the List of products and goods likely to cause unsafety

1. The determination of products and goods on the List of products and goods likely to cause unsafety (group-2 products and goods) shall be based on:

a) The possible unsafety risk of the products and goods;

b) The requirements and capability of state management in each period.

2. The possible unsafety risk of products and goods shall be determined on the basis of one or more of the following factors:

a) Chemical, physical or biological nature;

b) Structure and operating principles;

c) Transportation, storage, preservation and use.

3. Based on Clauses 1 and 2 of this Article, line ministries and sector-managing ministries shall issue the List of group-2 products and goods within the sectors and fields assigned to them under Clause 2 Article 32 of this Decree, after obtaining opinions from the Ministry of Science and Technology.

Chapter II

QUALITY MANAGEMENT OF PRODUCTS AND GOODS

Section 1

QUALITY MANAGEMENT OF PRODUCTS IN PRODUCTION

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

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

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

b) Identify and display information warning of possible unsafety risks of the products.

2. For group-2 products, producers must declare conformity with the corresponding technical regulations. Conformity declaration shall comply with the law on standards and technical regulations.

For group-2 products subject to specific requirements regarding the production process, the relevant line ministry or sector-managing ministry shall issue national technical regulations on the production process or prescribe specific production-process requirements in the national technical regulations applicable to such products. Producers are responsible for applying the national technical regulations relating to production-process conditions and having conformity certified by a designated certification body.

3. Where a group-2 product has a new characteristic that potentially causes unsafety under reasonable and proper transportation, storage, preservation and use conditions, and that new characteristic has not been regulated in the corresponding national technical regulation, or where the product appears for the first time in Viet Nam and potentially causes unsafety, the producer must prove that the product is safe for humans, animals, plants, property and the environment as prescribed by the line ministry or sector-managing ministry. Such product may be placed on the market only after being permitted by the line ministry or sector-managing 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. Product and goods quality inspection agencies shall conduct inspection of product quality in production on the following grounds:

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

b) Goods circulated on the market not conforming to the announced applicable standards or corresponding technical regulations, where such non-conformity is systematic or repeated.

3. Inspection contents:

a) Inspecting implementation of requirements in corresponding technical regulations relating to production-process conditions and state management measures on product quality in production;

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

c) Testing samples to verify conformity of products with announced applicable standards and corresponding technical regulations. This inspection shall be conducted when signs of failure to ensure quality are detected after the contents at Points a and b of this Clause have been implemented, and shall be carried out through testing by a designated conformity assessment body.

4. During inspection under Clause 3 of this Article, the inspection agency may use experts and conformity assessment bodies to conduct assessment and testing against announced applicable standards and corresponding technical regulations. Experts and conformity assessment bodies must be independent and objective and shall be responsible before law for their assessment and testing results.

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

1. Where a producer fails to comply with requirements prescribed in Article 28 of the Law on Product and Goods Quality, the inspection team shall handle the case under Article 30 of the Law on Product and Goods Quality and notify the producer of the non-conforming contents and the specified time limit for remedy. The producer must remedy the non-conforming contents at the request of the inspection team and may place the product on the market only after such contents have been remedied. Before placing the remedied product on the market, the producer must notify the inspection agency in writing.

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

3. When detecting violations that must be administratively sanctioned, the inspection agency shall transfer the dossier and propose that the competent agency carry out administrative sanctioning procedures in accordance with the law on handling administrative violations. The competent agency conducting administrative sanctioning shall notify the inspection agency of the handling and results for monitoring.

Section 2

QUALITY MANAGEMENT OF IMPORTED GOODS

Article 7. Conditions for ensuring the quality of imported goods before placing them on the market

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

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

b) Identify and display information warning of possible unsafety risks of the goods.

2. For group-2 goods, importers must declare conformity and have conformity certified in accordance with the corresponding technical regulations. Conformity certification shall comply with the law on standards and technical regulations. Conformity declaration shall be based on one of the following grounds:

a) Self-assessment results of the producer or importer;

b) Assessment by a conformity assessment body;

c) Conformity certification under the corresponding technical regulation;

d) Results of inspection at the border gate of export or import by a certification or inspection body designated or recognized under Article 26 of the Law on Product and Goods Quality.

3. For group-2 goods subject to technical regulations relating to production-process conditions for such products or goods, the importer must additionally provide certificates relating to production-process conditions issued by a designated or recognized certification body.

4. Where group-2 goods have new characteristics potentially causing unsafety under reasonable and proper transportation, storage, preservation and use conditions, and such new characteristics have not been regulated in the corresponding technical regulations, or where such goods appear for the first time in Viet Nam and potentially cause unsafety, the importer must prove that the goods are safe for humans, animals, plants, property and the environment as prescribed by the line ministry or sector-managing ministry. Such goods may be circulated on the market only after being permitted by the line ministry or sector-managing ministry.

5. Goods produced by enterprises in export processing zones for the domestic market shall be subject to quality management 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 where signs or risks of unsafety exist.

2. Inspection of imported goods quality shall be conducted according to the contents prescribed in Clause 2 Article 27; according to inspection order and procedures prescribed in Article 35; and violation handling during inspection prescribed in Article 36 of the Law on Product and Goods Quality.

Where the goods quality meets prescribed requirements, the inspection agency shall issue a notice for the customs authority and the importer to carry out customs clearance procedures. If the goods quality does not meet 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) Require the importer to re-export the goods;

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

c) The product and goods quality inspection agency shall consider strengthening inspection at border gates or propose that the competent state agency decide to temporarily suspend or stop import of such non-conforming goods.

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

Section 3

QUALITY MANAGEMENT OF EXPORTED GOODS

Article 9. Conditions for ensuring exported goods quality before export

Exporters are responsible for implementing 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 meeting 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 conduct inspection of product quality in production under Article 5 and handle the case under Article 6 of this Decree.

3. Exported goods, when placed into circulation domestically, must comply with management requirements prescribed in Section 1 Chapter II of this Decree.

Section 4

QUALITY MANAGEMENT OF GOODS CIRCULATED ON THE MARKET

Article 11. Conditions for ensuring quality for goods circulated on the market

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

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

1. Product and goods quality inspection agencies shall develop methods for collecting information, analyzing non-conforming contents and non-quality-assured goods, and monitoring quality developments of goods on the market in order to prepare annual inspection plans, budget estimates and goods subject to inspection.

2. Based on the plan and quality developments of goods on the market, product and goods quality inspection agencies shall inspect the quality of goods circulated 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 on possible unsafety risks of the goods;

b) After inspecting the requirements at Point a of this Clause or where signs of failure to ensure quality are found, conducting sample testing to verify conformity of goods with announced applicable standards and corresponding technical regulations by a designated conformity assessment body. The conformity assessment body must be independent and objective and shall be responsible before law for its assessment results.

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

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

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

3. When detecting violations that must be administratively sanctioned, the inspection agency shall transfer the dossier and propose that the competent agency carry out administrative sanctioning procedures under the law on handling administrative violations. The competent agency conducting administrative sanctioning shall notify the inspection agency of the handling and results for monitoring.

Section 5

QUALITY MANAGEMENT OF GOODS DURING USE

Article 14. Conditions for ensuring goods quality during use

1. Users and owners of goods are responsible for complying 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 are responsible for paying inspection costs and inspection fees. Inspection costs shall be agreed with the inspection body.

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

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

Line ministries and sector-managing ministries, within the scope of management assigned under Clause 2 Article 32 of this Decree, are responsible for prescribing the List and management process for goods subject to initial inspection, 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 risks of failure to ensure quality, identify non-quality-assured goods, and monitor quality developments of goods subject to management during use in order to prepare annual inspection plans, 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 quality according to the following contents:

a) Inspecting implementation of requirements in corresponding technical regulations relating to use-process conditions and state quality-management measures during use. Where necessary, the inspection agency may use experts and conformity assessment bodies to conduct assessment against requirements of corresponding technical regulations. Experts and conformity assessment bodies must be independent and objective and shall be responsible before law for their assessment results;

b) Inspecting implementation of inspection requirements, inspection results and user manuals accompanying the goods subject to inspection;

c) Where the requirements at Points a and b of this Clause are considered not fully implemented or signs of failure to ensure quality exist, the inspection agency shall consider testing the goods by a designated conformity assessment body. The conformity assessment body must be independent and objective and shall be responsible before law for its assessment results.

3. When detecting goods not conforming to inspection requirements or corresponding technical regulations, depending on the nature and severity of the violation, the inspection team or quality inspection agency shall handle as follows:

a) Notify the goods owner of the non-conforming contents and the time limit for remedy;

b) Require the goods owner to temporarily suspend use and take measures to announce the temporary suspension. All non-conforming contents must be remedied, inspected and issued a new inspection certificate before the goods may be put into use;

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

Section 6

CONFORMITY ASSESSMENT

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

1. Conformity assessment bodies 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 fields of operation of conformity assessment bodies shall be prescribed as follows:

a) Registration of fields of operation for certification of conformity with standards and testing at the Ministry of Science and Technology;

b) Registration of fields of operation for certification of conformity with technical regulations at ministries, ministerial-level agencies and provincial-level People’s Committees that issue technical regulations;

c) Registration of fields of operation for inspection at the Ministry of Industry and Trade in accordance with commercial law;

d) Registration of fields of operation for verification 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 conformity assessment fields under Clause 2 of this Article shall, every six months, notify the Ministry of Science and Technology of the list of conformity assessment bodies that have registered.

4. The Ministry of Science and Technology is responsible for compiling and publicly announcing the list of conformity assessment bodies that have registered fields of operation under Clause 2 of this Article.

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

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

1. Conformity assessment bodies that have registered fields of operation 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, sector-managing ministries and provincial-level People’s Committees shall designate conformity assessment bodies to conduct testing, inspection, certification and verification serving state management of product and goods quality within assigned sectors, fields and localities.

Conformity assessment results of designated conformity assessment bodies shall be considered and recognized by competent state agencies during quality inspection and quality-related inspection of products and goods.

3. Line ministries, sector-managing ministries and provincial-level People’s Committees shall publicly announce the list of designated conformity assessment bodies and conformity assessment bodies whose results are recognized under Clause 2 Article 26 of the Law on Product and Goods Quality so that relevant agencies, organizations and individuals may select and use them.

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

Article 19. Conformity assessment costs

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

2. The Ministry of Finance shall assume the prime responsibility and coordinate with line ministries in reviewing related fees for conformity assessment activities that must be abolished. Completion shall be before 1 December 2009.

Chapter III

ORGANIZATION OF INSPECTION OF PRODUCT AND GOODS QUALITY

Article 20. Product and goods quality inspection agencies

1. Product and goods quality inspection agencies at the central level are general departments, departments performing state management functions for product and goods quality, or other agencies under ministries assigned to perform product and goods quality inspection tasks.

2. Product and goods quality inspection agencies at the local level are specialized agencies under provincial-level People’s Committees performing state management functions for local product and goods quality and conducting inspection of product and goods quality within their management areas as prescribed by line ministries and sector-managing ministries.

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

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

1. Product and goods quality inspection agencies under line ministries and sector-managing ministries shall inspect product and goods quality in their assigned fields under decrees defining the functions, tasks, powers and organizational structures of their ministries, specifically in production and in 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. Product and goods quality inspection agencies under the Ministry of Science and Technology shall inspect product and goods quality within the assigned scope, specifically as follows:

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

b) For exported, imported, market-circulated and used goods, 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 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) Take charge of and coordinate with other agencies in organizing inspection activities in assigned fields;

b) Actively coordinate with market surveillance agencies in handling violations during inspection of goods circulated on the market;

c) Provide professional guidance and direction so that local product and goods quality inspection agencies directly conduct inspection;

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

The Ministry of Science and Technology shall assume the prime responsibility and coordinate with line ministries in prescribing the Regulation on inspection of product and goods quality circulated on the market, and in formulating and submitting to the Prime Minister for issuance the Regulation on coordination among the inspection agencies prescribed in Clauses 1 and 2 of this Article and local product and goods quality inspection agencies in inspecting product and goods quality within assigned scope, together with inspectorates, customs authorities, public security agencies and market surveillance agencies.

Article 22. Quality controllers

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

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

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

The Ministry of Home Affairs shall assume the prime responsibility and coordinate with the Ministry of Science and Technology in guiding appointment and transfer to quality-controller civil-servant ranks.

4. Quality controllers shall be issued special uniforms, insignia and quality controller cards as prescribed by the Ministry of Science and Technology.

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

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

a) Annual state budget of line ministries, sector-managing ministries and provincial-level People’s Committees;

b) Other sources.

2. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Science and Technology in prescribing specific expenditure contents and the allocation, management and use of funds for state inspection of product and goods quality.

Chapter IV

NATIONAL QUALITY AWARD

Article 24. Purpose and conditions for award consideration

1. The national quality award is a national-level form of recognition and reward granted 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 having lawfully operated in Viet Nam for at least 3 years.

2. The national quality award shall be considered and awarded annually.

Article 25. Forms of award

The national quality award includes:

1. National quality gold award;

2. National quality silver award.

Awarded organizations and enterprises shall receive a trophy together with a certificate.

Article 26. Award consideration principles

1. No discrimination among types and sizes of organizations and enterprises, and no limitation on the number of participating organizations and enterprises.

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

Article 27. Award consideration criteria

The national quality award shall be assessed 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. Management and development of human resources;

6. Management of 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 preliminary selection councils and a national council.

a) The national council shall be established by decision of the Minister of Science and Technology, with 11 to 17 members representing ministries, sectors, agencies and relevant organizations. The council consists of a chairperson, one deputy chairperson and members. Council members must have knowledge of quality matters and master the requirements of the national quality award;

b) Preliminary selection councils shall be established by the standing agency of the national quality award at the proposal of Directors of Departments of Science and Technology.

Preliminary selection councils shall have 7 to 11 members representing departments, agencies, sectors and relevant organizations. A preliminary selection council consists of a chairperson, one deputy chairperson and members. Council members must have knowledge of quality matters and master the requirements of the national quality award.

c) The standing agency 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 the Prime Minister’s consideration and decision.

3. The Ministry of Science and Technology shall prescribe the number of gold and silver awards, trophy and certificate forms of the national quality award; provide detailed guidance on the order and procedures for award consideration, detailed criteria and scoring scale, and organize presentation of the national quality award.

Article 29. Operating funds

Funding for national quality award activities includes:

1. State budget sources;

2. Sponsorship from domestic and foreign organizations and individuals;

3. Contributions from participating organizations and enterprises.

Article 30. Rights of awarded organizations and enterprises

1. Organizations and enterprises receiving the national quality award may announce, communicate and advertise on 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 receiving the national quality gold award shall be nominated by the standing agency of the national quality award to participate in regional and international quality awards.

Chapter V

STATE MANAGEMENT RESPONSIBILITIES FOR PRODUCT AND GOODS QUALITY

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

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

2. Within the scope of tasks and powers of line ministries and sector-managing ministries, the Ministry of Science and Technology is responsible for:

a) State management of product quality in production for products and goods within assigned fields in accordance with the law on standards and technical regulations;

b) State management of quality of exported, imported and market-circulated goods and goods during use that are likely to cause unsafety in assigned fields as prescribed in Clause 4 Article 69 of the Law on Product and Goods Quality;

c) Every six months, annually and on an ad hoc basis, compiling and reporting to the Prime Minister on the situation and results of inspection of product and goods quality nationwide.

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

1. Perform 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 and sector-managing ministries are responsible for state management of product quality in production, specifically as follows:

a) Ministry of Health: traditional medicine; public health; food safety and hygiene, functional foods, micronutrient-fortified foods, dietary supplements, food additives, drinking water, domestic water and natural mineral water; cigarettes; chemicals and preparations for killing insects and bacteria used in household and medical fields; medical examination and treatment, care, nursing, rehabilitation and cosmetic surgery; medicines and cosmetics; medical equipment and works.

b) Ministry of Agriculture and Rural Development: plant varieties and animal breeds; agricultural, forestry and aquatic products and salt; livestock, poultry and domestic animals; agricultural, forestry and aquatic materials, fertilizers, feed and feed production ingredients; products and services in cultivation, harvesting, processing, preservation and transportation of agricultural, forestry and aquatic products and salt; additives and chemicals used in agriculture, forestry and aquaculture; plant and animal protection products; irrigation and dyke works; fishing gear and equipment subject to strict safety requirements in the fisheries sector.

c) Ministry of Transport: transport vehicles, vehicles and specialized loading, unloading and construction equipment in transport (except vehicles used for national defense or security purposes and fishing vessels), and specialized technical equipment of the transport sector; road, railway, inland waterway, maritime and aviation transport infrastructure; transport services.

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, industrial park, economic zone, high-tech park planning and planning for important international border-gate areas; urban, industrial park, economic zone and high-tech park technical infrastructure; construction services.

dd) Ministry of Industry and Trade: chemicals and industrial explosives; machines and equipment subject to strict occupational safety requirements under the Ministry’s state management; consumer industrial products, food-industry products and other processing-industry products as prescribed by law; industrial and commercial services; e-commerce.

e) Ministry of Labor, War Invalids and Social Affairs: machines, equipment and supplies subject to strict occupational safety requirements; personal protective equipment for employees; specific occupational safety products as prescribed by law; public amusement works; labor, war invalids and social affairs services.

g) Ministry of Information and Communications: press products; publishing; postal and delivery services; telecommunications equipment and telecommunications works; postal, telecommunications, electronic and information-technology networks, works, products and services; radio frequencies and radio transmission or transceiver equipment; postal and telecommunications services.

h) Ministry of Natural Resources and Environment: natural resources and minerals; hydrometeorology; surveying and mapping; services in the field of natural resources and environment.

i) Ministry of Education and Training: textbooks, curricula and teacher guidance materials; teaching equipment, facilities and toys for children in education and training within the Ministry’s state management as prescribed by law; education and training services.

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

l) Ministry of Culture, Sports and Tourism: cultural, literary and artistic publications; sports works; training and competition equipment 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, products serving national defense, and defense works not classified as state secrets.

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

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

3. Line ministries and sector-managing ministries shall conduct state management of quality of exported, imported and market-circulated goods and goods during use that are likely to cause unsafety in their assigned fields under Clause 4 Article 69 and Clause 2 Article 70 of the Law on Product and Goods Quality and for goods on the List prescribed in Article 15 of this Decree.

4. Line ministries and sector-managing ministries shall notify the Ministry of Science and Technology of the agency responsible for assisting the minister in performing state management functions for product and goods quality under Clauses 2 and 3 of this Article. Quarterly, every six months, annually and on an ad hoc basis, they shall compile reports to the Ministry of Science and Technology on the situation and results of quality inspection of products and goods under their management for compilation and reporting to the Prime Minister.

5. Where there is overlap or duplication in assigned fields among line ministries and sector-managing ministries, or new fields arise under Clauses 2 and 3 of this Article, the Ministry of Science and Technology shall compile 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 the scope of their tasks and powers, are responsible for:

a) Issuing measures to encourage and facilitate enterprises in the locality to improve quality and competitiveness of products and goods; directing local functional agencies to develop and implement programs to improve productivity, quality and competitiveness of local products and goods;

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

c) Organizing and directing activities of local product and goods quality inspection agencies;

d) Monitoring, making statistics and compiling the product and goods quality situation in the locality; quarterly, every six months, annually and on an ad hoc basis, compiling reports to the Ministry of Science and Technology on the situation and results of inspection of product and goods quality in the province or city for compilation and reporting to the Prime Minister;

dd) Propagating, disseminating and guiding the law, and providing information on product and goods quality to producing and trading organizations and individuals and consumers;

e) Inspecting compliance with the law on product and goods quality; settling complaints and denunciations, and handling violations of the law on product and goods quality as prescribed by law;

g) Designating conformity assessment bodies in the locality as prescribed by law.

2. Departments of Science and Technology shall take charge of and coordinate with relevant departments, agencies and sectors to assist provincial-level People’s Committees in performing state management of product and goods quality locally; act as the focal point for compiling and reporting local quality information 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 are agencies directly assisting Departments of Science and Technology in performing product and goods quality management functions and conducting product and goods quality inspection locally.

3. District-level People’s Committees, within the scope of their tasks and powers, are responsible for:

a) Propagating, disseminating and guiding implementation of the law on product and goods quality as prescribed by law;

b) Participating in inspection of quality of goods circulated on the market; handling violations of the law on goods quality within their competence;

c) Monitoring, making statistics and compiling the situation of quality of goods circulated on the market in the locality;

d) Settling complaints and denunciations concerning quality of goods circulated on the market as prescribed by law.

4. Commune-level People’s Committees, within the scope of their tasks and powers, are responsible for:

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

b) Organizing technical guidance and inspecting compliance with regulations of competent state agencies, and handling violations of product and goods quality in small-scale production and trading in the locality according to management decentralization;

c) Coordinating with competent state agencies in product and goods quality inspection and examination in the locality as prescribed by law.

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

1. Develop plans for inspection of product and goods quality according to assigned fields and localities.

2. Proactively organize and conduct inspection and handling of product and goods quality issues as prescribed by line ministries, sector-managing ministries and provincial-level People’s Committees.

3. Quarterly, every six months, annually and on an ad hoc basis, compile reports on inspection and send them to line ministries, sector-managing 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, procedures, codes, technical regulations and technical documents (hereinafter collectively referred to as technical documents) that have not yet been converted into national technical regulations may continue to apply such technical documents for inspection of product and goods quality until conversion into national technical regulations is completed under Decree No. 127/2007/ND-CP dated 1 August 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 for quality under line ministries, sector-managing ministries and provincial-level People’s Committees shall continue to conduct product and goods quality inspection until they are appointed or transferred to quality-controller ranks under 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 21 October 2004 of the Government on state management of product and goods quality and previous provisions contrary to this Decree are repealed.

Article 37. Guidance on implementation

The Minister of Science and Technology is responsible for guiding the implementation of this Decree.

Article 38. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees are responsible for implementing this Decree./.

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; offices and committees of the Party Central Committee; Office of the President; Ethnic Council and Committees of the National Assembly; Office of the National Assembly; Supreme People’s Court; Supreme People’s Procuracy; State Audit Office; National Financial Supervisory Commission; Vietnam Bank for Social Policies; Vietnam Development Bank; Central Committee of the Vietnam Fatherland Front; central agencies of mass organizations; Government Office units and Official Gazette; archives: clerical office, KGVX (5 copies).

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Signed
Nguyen Tan Dung