Circular 26/2013/tt-Bkhcn: Rules Request, Order And Procedures Of Conformity Assessment Organizations Abroad Made Reviews Of The Suitability Of The Product, According To Technical Commodity Currency.

Original Language Title: Thông tư 26/2013/TT-BKHCN: Quy định yêu cầu, trình tự và thủ tục chỉ định tổ chức đánh giá sự phù hợp nước ngoài thực hiện đánh giá sự phù hợp của sản phẩm, hàng hóa theo quy chuẩn kỹ thu...

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SCIENCE AND TECHNOLOGY
Numbers: 26 /2013/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 15, 2013

IT ' S SMART

The regulation requires, the sequence and the procedure specifies the organization assessing foreign consignations.

implement the suitable assessment of the product, commodity according to the national technical standard.

by the Ministry of Science and Technology enacted

________________

The Product Quality Law Base, which was manufactured on November 21, 2007;

Base of Protocol 132 /2008/NĐ-CP December 31, 2008, of the Government Regulation of the Blueprint of certain provisions of the Law Quality Law, goods;

Base of Protocol 20 /2013/ND-CP 26 February 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Science and Technology;

At the suggestion of the General Secretary General of the Standards for Quality Measures;

The Ministry of Science and Technology of the Ministry of Science and Technology of the Ministry of Science and Technology of the Ministry of Science, sequence and procedure specifies the organization assessing the appropriate foreign policy to evaluate the suitactions of the product, commodity according to the national technical standards issued by the Ministry of Science and Technology.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information provides for requirements, sequence and procedures that specify the assessment of foreign suitable suitactions that perform the assessment of the suitcase of the product, commodity according to the national technical standards set by the Ministry of Science and Technology.

2. This information is not applicable to the product, the goods associated with nuclear radiation safety and the operation of the means of measuring measured by the law of measurement.

3. The case of an international treaty that the Socialist Republic of Vietnam is a member; agreement to acknowledge each other between Vietnam and the countries, the territories involved in acknowledging the outcome of evaluation of the organization's suitcases assessment of the suitcases of the match. Foreign-designated foreign-designated foreign policy applies the regulations of the international treaty, the agreement.

What? 2. Subject applies

This information applies to:

1. The organization evaluated the appropriate foreign consignations for the designation.

2. The organizations, individuals who produce, the business have products, the goods must perform an operation that evaluated the suitcase of the national technical standard provided by the Ministry of Science and Technology.

3. The General Directorate of Quality Measures Quality and State Agencies Involved.

What? 3. The term and definition

In this Information, the words below are understood as follows:

1. The organization evaluated the match. is the organization that conducts activities that evaluate the suitcases of products, goods, production processes, and services that are consistent with the standard of applicable publication standards, the respective national technical standards.

2. The organization evaluated foreign compliance. is the organization established by the regulation of foreign law, operating outside the territory of Vietnam and providing a suitable assessment of the product, goods imported into Vietnam.

3. The organization assessing foreign consignations is designated. is the organization that reviews foreign suitcases that meet the conditions under the rules of Vietnam law and is reviewed by the state governing body of Vietnam, the decision to specify and publish to organize, the individual produces, the choice business. The service evaluated the service requirements of Vietnam.

4. Department of Science and Technology is the Ministry of Science and Technology, the agency of the Government of the Socialist Republic of Vietnam.

5. National Technical Standards is the national technical standard issued by the Ministry of Science and Technology.

6. The Agency for inspection. are the agencies to be assigned, devolve to the task of managing the state management of the quality of the product, the goods that are in charge of the management of the Ministry of Science and Technology.

What? 4. Common Principles

1. The designation of the organization assessing foreign consignations due to the competent state agency of Vietnam based on the basis of the basis:

a) The management needs of the state agency and the actual capacity of the institutions that evaluate the suitability in Vietnam;

b) The competence of the organization evaluated the appropriate response to the requirements of the national technical standard and the other requirements involved in accordance with the regulation of the law.

2. In the deadline of the validity of the designation Decision, the results of the assessment of the organization 's suitcase assessment of the country' s suitcase in accordance with the designated field will be used by the state authority of Vietnam to use during the quality of the production quality. Food, merchandise.

3. The organizations assessing foreign suitcapacity with recognition certificate issued by the public recognition organization are members of the International Accreditation Forum (IAF-International Accreditation Forum), the Pacific Accreditation Association (PAC-The Pacific Accreditation). Cooperation), the International Laboratory for the Prevention of the International Laboratory Accreditation Cooperation, the Asia-Pacific Laboratory recognizes the Asia Pacific Laboratory Accreditation Cooperation. Certificate of certification will be given priority consideration, designation.

4. In particular, in order to serve a state management requirement for the quality of products, goods according to the technical standard, the state agency has the authority of Vietnam to actively consider the organization to evaluate foreign suitcases which carry out their activities. The evaluation of compliance requirements for Vietnam's management requirements is consistent with the practical situation.

Chapter II

REQUEST, SEQUENCE, PROCEDURE FOR ASSESSMENT ORGANIZATION

FOREIGN FIT

Item 1

THE REQUIREMENT FOR THE ORGANIZATION TO EVALUATE THE FOREIGN FIT

REGISTER SPECIFIED

What? 5. Request for the certification organization

The registration of the foreign certified foreign secretary must meet the following requirements:

1. Is a legal organization and functions active in the field of certification by the country, the territory of which the registry operates.

2. Build, apply, and maintain that the management system effect is consistent with the requirements of the latest version standard ISO/IEC 17065 (Evaluation of compliance-requirements for the organization certification products, processes and services).

3. Have a test room of the organization or sign a sub-lease that conducts the test that meets the following requirements:

a) There is an ability to test all technical indicators under the regulatory method of regulation at the respective national engineering standards;

b) Build, apply, and maintain that the management system effect is consistent with the requirements of the latest version standard ISO/IEC 17025 (General requirements for the capacity of testing and calibration).

4. There are always at least 03 professionals who evaluate the long-term labor contract (or equivalent) to the organization and meet the following requirements:

a) There is a degree to the degree of graduate degree and expertise in accordance with the operation of product certification, corresponding goods;

b) There is an evaluation experience from 05 years or more.

5. Have technical expertise in understanding the respective national technical standards and relevant requirements for implementing a certification assessment by the state of Vietnam.

6. The state governing body has the authority to manage the quality of the product sector, the respective goods and diplomatic agencies of the country, the territories that the organization registers the introduction.

What? 6. Required for testing organization

The registered foreign test organization must only meet the following requirements:

1. Is the legal organization and functions of operations in the field of testing by the country's regulations, territories that hold active registration.

2. There is sufficient capacity to test all technical indicators according to the regulatory test method stipulated at the respective national engineering standards.

3. Build, apply, and maintain that the management system effect is consistent with the requirements of the latest version standard ISO/IEC 17025 (General requirements for testing and calibration).

4. There are at least 02 technical cadres with specialized qualifications that are suited for product testing, regulatory goods in the respective national engineering regulation; have a work experience in the field of testing from 03 years or more and sign long-term labor contracts. (or equivalent) to the organization.

5. Have technical expertise in understanding the respective national technical standards and relevant requirements for carrying out trials in accordance with the regulation of the state of Vietnam.

6. The state governing body has the authority to manage the quality of the product sector, the respective goods and diplomatic agencies of the country, the territories that the organization registers the introduction.

What? 7. Required for the organization of the organization

The registered foreign monitoring organization must only meet the following requirements:

1. Is the legal organization and functions of operations in the area of the country, the territory of which the registry operates.

2. Build, apply, and maintain that the management system effect is consistent with the requirements of the latest version standard ISO/IEC 17020 standard (General Standard for the activities of the organization).

3. Have a test room of the organization or sign a sub-lease that conducts the test that meets the following requirements:

a) There is an ability to test all technical indicators under the regulatory method of regulation at the respective national engineering standards;

b) Build, apply and maintain that the management system effect is consistent with the requirements of the latest version standard ISO/IEC 17025 (General Request of the Test and Standard Room).

4. There are always at least 02 supervising contracting long-term labor contracts (or equivalent) to the organization and meeting the following requirements:

a) There is a degree to the degree of graduate degree and expertise in accordance with the operation of product monitoring, corresponding goods;

b) There is a monitoring experience from 05 years or more.

5. Have technical expertise in understanding the respective national technical standards and relevant requirements for implementing the regulation in accordance with the regulation of the state of Vietnam.

6. The state governing body has the authority to manage the quality of the product sector, the respective goods and diplomatic agencies of the country, the territories that the organization registers the introduction.

Item 2

THE PROCEDURE, THE PROCEDURE FOR THE ORGANIZATION TO EVALUATE FOREIGN SUITABLE

What? 8. Registration Profile specified

1. The organization evaluated foreign suitcases when there is a need to participate in assessing the suitcases of the product, goods under the national technical standards set by the Ministry of Science and Technology set up 2 cases of registration (01 ministries in English and 01 in English). Vietnam) and sent through the post office or directly submit at the headquarters General of the Quality Measures Standards-Ministry of Science and Technology.

2. Registration profile includes:

a) The application application specifies the appropriate compliance with the confirmation signature of the Leader of the Organization, which includes full of the following information:

-Name's registered.

-Address.

-Phone number, Fax;

-Email, Website;

-The field of evaluating the appropriate registration suitcase;

-The commodity product sector (specifically the product name, commodity, the corresponding national technical standard) registers the designation.

b) The introduced work of the state governing body has the authority to manage the quality of the product sector, the corresponding goods in the country, the territory region that the registry operates;

c) The introduction of the Embassy, Consulate, or the equivalent diplomatic body of the country, the territory of which the organization registers activities;

d) The documents demonstrate the construction, application, and maintenance of regulatory systems under regulation at Article 5, Article 6, Article 7 This Information, namely:

-For the organization that has been legally recognized as a member of the International recognized Forum (IAF), the Pacific Recognition Association (PAC), the International Laboratory of Recognizing Laboratory Recognition (ILAC), the Asia-Pacific Laboratory of Public Affairs. Positive (APLAC) assessment and certificate, filing of the certificate of recognition attached to the recognized range and documents, processes, procedures of the system have been recognized;

-For the unrecognized organization, submit documents, processes, procedures and other documents related to demonstrate the construction, application, and maintenance of the organization's management systems according to the corresponding standard;

e) List of evaluation experts, test trials, supervisers, technical experts responding to the regulation requirement at Article 5, Article 6, Article 7 This is accompanied by the preservation of specialized training certificates and a summary of the work experience;

g) The results of the results evaluated the match.

h) The combined results of the impact assessment operation performed in the field of registration of a year's closest year.

What? 9. Process the specified registration profile

1. During the sixty (60) days of work since receiving full, valid records, the principle of regulation in Article 4 of this, the General Directorate of Quality Measures conducted review of the dosages and decision-making specifies the assessment of the match. It is regulated by foreign countries (as prescribed in this Conventional Appendix). The validity deadline of the decision to specify no more than three (03) years.

2. The case for addition, fining of the case, the General Directorate of Quality Measures is responsible for notification of written notice to organize assessment of additional foreign suitcases, fining the profile in the thirty (30) days since the date of the signed notice. issued.

3. The case is required to assess the fact, in the period of the ninety (90) days of work since receiving full records, the General Directorate of the Standards of Measurement of the Quality of Experts or of the evaluation party for the organization of the actual assessment at the organization. The cost of serving the expert assessment of the expert or the assessment party due to the organization assessing the foreign suitcases registered for the designation guarantee.

4. After the specified deadline at Clause 1 This, the Case denied the designation, the General Directorate of Quality Measures Quality of Information Information for the organization assessing foreign suitcases.

What? 10. Subscription resigns, changes, scope additions, the specified field, and

1. Before the decision to specify only the ninety (90) effective day, if there was a need, the organization assessed the suitcases of foreign suitcases filing a redesignation of the prescribed registry at points a, b, c and report on the change in the management system, personnel regulation. At the point, I'm afraid of these two Things.

2. When there is a need for change, the scope of the scope, the specified field, the organization assessing foreign suitcases is specified to submit the change registration profile, the addition prescribed at points a, d, e, h clause 2 Article 8 This message.

What? 11. Suspend and cancel the validity of the specified decision

1. Suspend the validity of the decision specified when the organization evaluated the appropriate foreign suitcases in violation of one of the following cases:

a) Do not comply with the procedure, the procedure assessment of the specified fit, the relevant legislation of the relevant law and the relevant guidelines of the General Directorate of Quality Measures;

b) No capacity to meet the requirements for the organization assessing the appropriate compliance at Article 5, Article 6, Article 7 Section 1 Chapter II This information;

c) The assessment does not guarantee independence, objectively;

d) Provide results that evaluate the wrong fit.

2. Cancel the validity of the designation decision when the organization evalues the appropriate violation of one of the following cases:

a) Being dissolved, bankrupt or severely violating the law of the country in the country;

b) A repeatable violation has a serious effect on adhering to the procedure, the procedure for assessment of the specified suitcase, the relevant law of relevant law and the requirements for the organization assessing the right;

c) There is evidence of a non-honest declaration in the specified registration profile;

d) Not to assess the appropriate assessment but still grant the appropriate assessment results;

e) The profile of the profile, the evaluation document;

g) fraud in the assessment of the suitcase;

h) There is a motion that does not continue making the specified decision;

i) Being suspended from the validity of the specified decision but does not complete the recovert during the suspension period in the suspension notice;

) Do not comply with the requirements, regulations on the inspection of the competent state governing body.

3. The organization assessing the suitable fit of the decision specified only is only considered redesignated after one (01) years since the announcement of the cancellation of the force and has remedied the violations.

Chapter III

ORGANIZATION ' S AUDIT GUIDELINES AND BREACH PROCESSING

ASSESSMENT OF THE SPECIFIED FOREIGN FIT

What? 12. Check Manual

1. The organization assessing foreign consignations is indicated by the inspection of the competent state governing body of Vietnam for the implementation of the regulatory requirements at this Smart and the regulations in the text of the statute of the relevant legislation of the country. Vietnam.

2. The case of a product batch detection of the product batch, the goods do not guarantee the quality in accordance with the corresponding national technical regulation but have been granted the results assessment of the suitcases by the organization assessing the appropriate foreign suitcases indicated:

a) The inspection of the implementation of the product batch processing, the prescribed goods and the General Directorate of Quality Measures Standards;

b) A violation of the degree of violation, the General Directorate of Quality Measuring consideration of the decision to suspend the decision force to specify or conduct a breakthrough examination for the implementation and maintenance of the competence of the organization assessing foreign suitability is indicated. defined by the requirements of regulation in this Information and the provisions of the relevant law. The funding implementation of the test by the organization assessing foreign consignations is designated as a guarantee.

The results of the evaluation of the suspension of the suspended organization will not be used by the state authority of Vietnam during the process of testing the quality of products, goods. After three (03) of product batches, the next commodity has a result of assessing the suitcase of the suspended organization and the result of assessing the suitcase of the organization assessing the suitable fit in the specified country in accordance with the corresponding technical norm, the Organization assessed the match accordingly. The Foreign Office for Quality Measures Quality Measures Quality of the Decision to restore the validity of the specified decision.

What? 13. Waste Processing

The organization assessing foreign consignations is designated in violation of the regulations at this Notice and the regulations at the relevant law-related text, the degree of violation, shall be processed according to regulation in this Information and regulations in the law of law. The rules are relevant.

Chapter IV

THE RESPONSIBILITY OF THE GOVERNING BODY AND THE ASSESSMENT ORGANIZATION

DESIGNATED FIT

What? 14. The responsibility of the General Directorate of Quality Measures

1. Continue, handle the specified registration profile and decision to specify an organization to evaluate foreign suitcases for the product field, the goods specified in the respective national engineering standards provided by the Ministry of Science and Technology.

2. Messages on the electronic information page of the General List of organizations assessing foreign suitable alluation is designated for organizations, individuals know, options.

3. Manage and perform an activity test that evaluate the suitactions of organizations assessing the appropriate foreign suitable requirements at the request at this message and the existing regulations are relevant. Applying the suspension measures, revoking the decision-making effect specified when the organization assessed foreign consignations in violation of the provisions of this Notice and other regulations involved. The announcement to the relevant authorities and on the electronic information page of the Directorate General of the organization's name assessment of the foreign fit specified is suspended, rescinking the decision-making decision.

4. Annual periodically or when required, report the Ministry of Science and Technology on the designated work and the operational situation of organizations assessing the specified foreign consignations.

What? 15. The organization of the organization assessing foreign suitability is designated.

In the time of the validity of the specified decision, the organization assessing the appropriate foreign suitcase is specified:

1. Maintenance of the competence of the organization by regulation at Article 5, Article 6, Article 7 This Information;

For the designated test organization, which must participate in a proficiency test program, the interroom comparison in the field is specified at least once;

2. Messages on the electronic site of the organization of the appropriate assessment results granted to the organization, the individual in the specified field.

3. Messages for the General Directorate of Quality Measures Quality of the major changes that affect the capacity of the appropriate assessment of the specified range of the range have been specified;

4. Notice for the General Directorate of Quality Measures in the period of three (03) days on cases of results assessment of the suitcases of recovery, cancellation or expiration of effect;

5. In the event of recognition, the organization assessing foreign suitcases was designated to submit a (01) copy of the signed evaluation report by the organization's signature after each evaluation;

6. comply with the regulations, request for examination by the state authority to be competent;

7. There is a damages compensation agreement for the organization, the individual who asks for the appropriate evaluation in the case of providing the wrong assessment results assessment;

8. The December (12) period of the year or the break-in when required, the report by the active situation assessment assessment of the suitcase for the field has been designated for the Quality of Quality Measures Standards. The report content in Vietnamese and English includes:

a) The results of the operation evaluated the suitcase in the report, including the following information:

-Listed list of contents: certificate number, test results, issued certificate of certification and performance status; name, address, product of the corresponding organization granted;

-The organization's changes are related to the ability to perform the specified suitability assessment operation;

-Proposal, petition of the organization.

b) The unit has a certificate/trial/trial revoked, cancellation or expiration of the report (if any);

c) recommendations, suggestions (if any).

Chapter V.

EXECUTION CLAUSE

What? 16.

It has been in effect since December 31, 2013.

What? 17. Organization to execute

1. The General Directorate of Quality Measures of Organizational Guidance and implementation of this Information.

2. Based on the regulations at this Smart, industry departments, areas that may use or enact specific instruction text instructions the organization assessing foreign suitable suitactions in the field of management is managed.

3. In the course of execution, if there is an entangrium, the agencies, the organization promptly reflect on the Ministry of Science and Technology (Directorate of Quality Measuring Standards) to review, resolve ./.

KT. MINISTER.
Chief.

(signed)

Vietnam Chen.