Circular No. 52/2012/tt-Bnnptnt: Modifying, Supplementing Some Articles Of Circular No. 17/2011/tt-Bnnptnt January 4, 2011 And 54/circular 2011/tt-Bnnptnt January 3, 2011

Original Language Title: Thông tư 52/2012/TT-BNNPTNT: Sửa đổi, bổ sung một số điều của Thông tư số 16/2011/TT-BNNPTNT  ngày 01 tháng 04 năm 2011 và Thông tư 54/2011/TT-BNNPTNT ngày 03 tháng 8 năm 2011

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CIRCULAR additional amendments to some articles of the circular No. 17/2011/TT-BNNPTNT January 4, 2011 and 54/circular 2011/TT-BNNPTNT January 3, 2011 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 01/2008/ND-CP dated 3 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP dated 10 Sep 2009 by Government to modify article 3 of Decree 1/2008/ND-CP dated 3 January 2008;
Pursuant to the law of standards and technical regulation in 2006; Decree 127/2007/ND-CP on 1st August 2007 detailing the Government's implementation of some articles of the law on technical regulation and standards;
Pursuant to the law, the quality of goods and products in 2007; The Decree 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law, quality goods and products;
The base food safety Law 2010; Pursuant to Decree No. 38/2012/ND-CP dated 25 April 2012 of the Government detailing the implementation of a number of articles of the law on food safety;
At the suggestion of the Director of the science, technology and the environment;
The Minister of agriculture and rural development issued a circular amending and supplementing some articles of circular No. 17/2011/TT-BNNPTNT January 4, 2011 and 54/circular 2011/TT-BNNPTNT January 3, 2011.
Article 1. Amendments and supplements to some articles of the circular No. 17/2011/TT-BNNPTNT January 4, 2011 by Ministry of agriculture and rural development regulation on reviews, and test management agriculture and rural development 1. Item 2 article 2 be amended and supplemented as follows: "2. Compare Union: is the assessment of the quality of test results between two or more of the test room due to independent units organized by comparing the results of the analysis on the samples are identical to the common values of the set of results obtained from testing involved testing proficiency".
2. additional paragraph 5 article 2 as follows: "5. proficiency testing: the performance of the test on the same sample by two or more laboratories according to predetermined conditions to assess the ability to perform that test of the test room".
3. Paragraph 3, clause 5 and clause 9 of article 3 be amended and supplemented as follows: "3. The Directorate of fisheries is the rating agency and specify the room about the same test fisheries; food, raw materials, food additives, probiotics, water quality in aquaculture, chemical processing of aquaculture environment ";
"5. The livestock Bureau is the agency reviews and assign test about breeding, agricultural, animal feed and feed ingredients, preservatives used in livestock feed, bio products serving environmental and livestock breeding, poultry";
"9. The Bureau of agriculture and forestry trade processing, fisheries and salt is rating agency and specify the room test about salt and salt products, agricultural machinery and equipment; additives and chemicals used in the processing and preservation of forest products "4. Supplement article 6 paragraph 4 as follows: "4. the periodic evaluation, applied to the testing room has been assigned".
5. additional d, paragraph 1 article 9 as follows: "d) periodic review."
6. additional point g, paragraph 1 article 10 as follows: "g) number of records for the registered test room specified evaluation 1 (a): 5 (five); for most testing areas: 7 (seven) ".
7. Item 2 article 12 be amended and supplemented as follows: "2. Decides to establish the Union reviews must specify the scope, content, reviews, list and assigned the responsibilities of each Member."
8. additional paragraph 3 article 12 as follows: "3. The composition group reviews a) for experimental proposals specify 1 (one field): reviewers have 3-5 members including representatives of the Bureau/Directorate according to the specified field and the experts have experience.
b) for the experimental Intergalactic/Directorate have room to experiment: reviewers have 3-5 members including representatives of the Bureau/Directorate, science, technology and environment and the experts have experience.
c) for multidisciplinary experiment rooms (from 2 or more fields): Union reviews have 5-7 members including representatives of science, technology and environment, the Department/Directorate in the field concerned and experts with experience ".
9. Article 17 paragraph 1 be amended and supplemented as follows: "1. The case of the test Room specified proposal satisfies the provisions referred to in article 5, in the period of five (5) working days, the agency reviews and specify rules from clause 1 to clause 9 of article 3 reports the results of the evaluation (Service Science , Technology and the environment) suggested level of testing code. Upon receipt of the written request, during the five (5) working days, the science, technology and environment testing code written. In the period of five (5) working days after receiving the test code, rating agency and specify rules from clause 1 to clause 9 of article 3 decision and announce the results to the Ministry (science, technology and environment); Rating agency and specify the rules in paragraph 10 article 3 the Ministry issued the decision to appoint ".
10. Article 21 is amended and supplemented as follows: "article 21: testing, supervision 1. Rating agency and specify the provisions of article 3 is responsible for periodic reviews of the room after the testing specified in (1) once a year and reviews irregularly when required.
2. Science, technology and the environment chaired Union periodically reviews annually for multidisciplinary laboratories and test rooms because many units in The reviews. The composition of the annual periodic review group composed of representatives of the science, technology and the environment, Legal Services and the relevant Bureau/Bureau ".
11. Clause 2 Article 22 be amended and supplemented as follows: "2. the quarterly science, technology and the environment announced a list of laboratories accompany the test had indicated on the electronic information page of the Ministry of agriculture and rural development". Clause 9 Article 24 be amended and supplemented as follows: "9. The filing fee reviews and reviews periodically according to the regulations".
Article 2. Amendments and supplements to some articles of the circular No. 54/2010/TT-BNNPTNT August 3, 2012 of the Ministry of agriculture and rural development capacity testing requirements in terms of quality, food safety agriculture and forestry fisheries and salt 1. Clause 1 article 4 is modified and supplemented as follows: "1. the testing Room or organization have room to experiment, to have legal personality, has registered active field tested as specified in circular No. 08/2009/TT-BKHCN on April 8, 2009 by the Ministry of science and technology guidance on request order registration field operations reviews the suitability or decision tasked the competent bodies ".
2. Point a paragraph 4 to article 5 be amended and supplemented as follows: "a) laboratories to choose a provider of proficiency testing program/Union comparison (TNTT/SSLP) have the ability to meet match on the subject, target analysis and periodic participation with at least 3 years frequency/time/target or group of targets in which:-experimental/SSLP TNTT program must meet the requirements of the program/agency SSLP TNTT reviews, specify organization or do the clues; due to the international organization and regional organizations; because the vendors/organizations adopt ISO/IEC 17043 Conformity assessment – General requirements for proficiency testing (conformity assessment – General requirements for proficiency testing) or equivalent organization and must have satisfactory results;
-Test Rooms must keep the results of all the programs/SSLP TNTT participated. This profile is in part to be considered in the evaluation of the agency reviews, specify "article 3. Effect 1. This circular effect from 7 December 2012.
2. Annuls Article 21 circular 16/2011/TT-BNNPTNT January 4, 2011 by Ministry of agriculture and rural development regulation on reviews, and test management agriculture and rural development.
3. In the process of implementing this circular if there are difficulties and obstacles, the Organization, the individual reports of the Ministry of agriculture and rural development to review, amend, Supplement.

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