Circular 16/2012/tt-Bkhcn: Regulating The State Inspection Of Product Quality In Production Are The Responsibility Of Management Of The Ministry Of Science And Technology

Original Language Title: Thông tư 16/2012/TT-BKHCN: Quy định việc kiểm tra nhà nước về chất lượng sản phẩm trong sản xuất thuộc trách nhiệm quản lý của Bộ Khoa học và Công nghệ

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
SCIENCE AND TECHNOLOGY
Numbers: 16 /2012/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 27th, 2012

IT ' S SMART

Regulation of the state examination of the quality of products in production

under the management responsibility of the Ministry of Science and Technology

_________________

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 89 /2006/NĐ-CP August 30, 2006 of the Government on the label of goods;

Base of Protocol 28 /2008/NĐ-CP March 14, 2008 of the Government rules the function of duty, the powers and the prosecution of the Ministry of Science and Technology;

The Minister of Science and Technology regulates the state inspection of the quality of products in manufacturing responsible for the management of the Ministry of Science and Technology, including:

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information regulates the content, sequence, procedure, and organization of the state examination of the quality of the product in the production of the management responsibility of the Ministry of Science and Technology.

2. This information applies to the following subjects:

a) The agency examines the quality of products, commodities: the Department of Product Quality Management, Commodity And Standard Expenditure Measurement Of The Provincial Quality, the Central City of Central;

b) The body implementation of the relevant state management function;

c) The organization, the individual producing products in the management responsibility of the Ministry of Science and Technology;

d) The organization, the individual involved.

What? 2. The Test Subject

Products in manufacturing are responsible for the management of the Ministry of Science and Technology at point p 2 Article 32 digital decree. 132 /2008/NĐ-CP December 31, 2008, the government regulates certain provisions of the Law Quality Law, commodities, except for nuclear radiation safety, radioactive sources.

What? 3. Base for the agency to examine the quality of the product, the goods review, conduct product quality testing in production.

1. Information, warning of export goods not in accordance with regulatory conditions at Article 32 Product Quality Law, commodity.

2. The results of the survey or examination of the quality of goods circulating in the market of the test agency detected the quality of the quality not in accordance with the applicable publication standard, the corresponding technical regulation.

3. The authentication information of the organization, domestic and foreign individuals reflects on the quality of the product, the goods.

4. According to the annual test plan that has been approved by the authority to approve.

What? 4. Control Principles

1. Strict implementation of laws of law on the quality of products, goods; prevention and serious treatment of product quality, goods from the basis of production; protection of rights, the legitimate interests of the organization, the individual manufacturing, business and the person. consumption.

2. Make sure transparency, objectively, follow the regulation of the law on the quality of products, goods and agreements, the international treaty that Vietnam is participating in.

3. On the basis of technical regulation, the standard of applicable publication, the regulation of labels and state management measures on the quality of products in production.

4. Implementiation on the basis of a test plan has been approved by the authority or a sudden examination if there is a specified base at Section 1.2, 3 Article 3 This Information.

5. Due to the quality of the product quality examination, the goods proceed and are carried out in the form of the inspection team. The inspection team was led by the agency to examine the quality of the product, the goods decided to form.

Chapter II

CONTENT, SEQUENCE, PROCEDURE AND BREACH PROCESSING

What? 5. Content audit content in production

1. Check out the implementation of regulatory requirements in the corresponding technical regulation regarding the conditions of the production process and the state management measures on the quality of products in production, including:

a) Check for a valid certificate record, a contract publication (for products, goods must be certified and published on a contract); standard publication profile (for products, standard published goods); the appropriate quality management system identification profile standard (for product application of the Quality Management system).

The implementation of the implementation of the standard publication applies under Article 23 Product Quality Law, commodity.

b) Check out the labeling, warning information content (for products, regulations regarding the display of the warning information); information, advertising (for products, goods with advertising information); show signs of scale (for products, goods, etc.). having to be certified and published, the standard sign (for product, standardized certified goods) and the product accompanying the product to test;

c) The case in the specified corresponding technical regulation regarding the condition of the production process is to examine the implementation of these regulations in the production of the product;

d) Check out the implementation of other measures of state management of the quality of products in production provided by the competent authority.

2. Check out the implementation and results assessment of the suitcase of the product production process.

The work test controls the production base of the production facility in relation to the creation of the product and maintains the quality assurance that includes:

a) Check the technical profile of the product (design document, technical standard of the product);

b) Check out the whole or one of the stages of the production process (from the input, through the intermediate stages until the formation of the product includes the process of packaging, loading, storing and shipping products);

c) Check the raw material quality (according to the standard of applicable publication, the corresponding technical regulation, the use of prohibited materials, the process of overdue use);

d) Check out the implementation of the requirements for technology equipment equipment and equipment, testing, testing;

e) Check out the worker's manual profile and technical staff;

g) Other necessary technical content.

In the case of necessity, the test agency may use the expert to perform the evaluation under the requirements of the corresponding technical standard. The assessment expert must be independent, objectively and accountable to the law of its assessment results.

3. The sample test to test the suitcase of the product with the applicable publication standard, the corresponding technical regulation.

During the inspection at the production facility, the product was found to have no quality assurance that the product was used for testing. The sampling of the product quality examination is performed as follows:

a) The sample is taken in accordance with the prescribed sampling method at the standard, the corresponding technical standard. The unregulated case of sampling method takes a sample from a random principle, which ensures that the sample is representative of the batch of products; each sample is divided into two sample units, a unit that takes the test and a storage unit at the test agency; the sample will be used. is the agency ' s liquoration agency after 3 months from the date of the end of examination, processing and no complaints;

b) The test method base for the product, the sampling team that ensures the number of products to test the standards according to the standard publication of the applicable publication, the corresponding technical standard, and examination requirements;

c) The product template after the acquisition must be sealed (according to the 4.TNPM-section of the Appendix), the editor (according to the 3.BBLM-section of the Appendix) has the signature character's signature, the base representative being samed. The case representative case was samed unsigned to the sample receipt and sealing, the checklist was clear in the text: "the base representative did not sign the sample, sealing the template," the sample editor, the sample, sealed the sample. The inspector general still has legal value;

d) Prototype testing

For a maximum period of 7 working days from the date of sampling, the inspection team must submit a product sample to the test organization designated for testing.

What? 6. sample sampling and sample testing

Sampling expense and sample testing are done according to the Digital Federal Information 28 /2010/TTLT-BTC-BKHCN March 3, 2010 of the United Nations Department of Finance and the Ministry of Science and Technology Guide management and use of the funding for state inspection operations on the quality of products, commodities.

What? 7. Test sequence and procedure

The inspection team conducted the following procedure, the following procedure:

1. The process of decision-making (according to the 1.QKT-section of the Annex) before the examination.

2. Check out the regulatory content on this Article 5.

3. Set up the audit editor (according to the 2.BBKT-section of the Annex), the completed margin must have the signature of the checked base representative, the inspection team. Where the database representative case is checked unsigned, the inspection team is clear in the "border unsigned" border, which has the signatures of the inspector general and the members of the inspection party still have legal value. In the case of a cargo sample, the inspection team is prescribed at Section 3 Article 5 of this.

4. The inspection agency report on test results and the inspection of the test agency announces the results of a non-guarantee product sample test results (according to the Form 5.TBKQTN-the Appendix accompanied by the Information) for the production facility checked in the 5-day period. work, since the day received the sample test results.

5. Processing test results:

In violation of the breach, the inspection agency, the test agency, carried out a prescribed violation of the regulations on this Article 8.

What? 8. breach of violation during examination

1. During the process of testing the product quality in production, when the production base detection does not implement the requirements of the label labeling, the standard of publication applies, the corresponding technical standard for the product and conditions related to the production process. The next:

a) The border examination corps, which required the production base to take the remedied measures in the specified deadline specified in the margin. During the implementation of remedied measures, production facilities were not included in the market.

The production facility was only delivered to the circulation after the inspection was followed by the requirements of the inspection team, which reported a written recovery for the inspection agency.

b) The case after the request of the inspection team that the production facility continues to violate is subject to the nature, level of violation, degree and scale of influence, the body quality examination agency, the goods in the 7-day period of work (since the date of the date). to conclude the violation of the production facility), public announcements on popular media (newspapers, radio stations, television stations) local or central name, the address of the production facility, the unsuitable product name and the level of infit. The product (according to the 6.TBKHCL-section of the Annex);

c) After the public announcement on the mass information media that the production facility continues to violate, the agency examines the quality of products, goods during the 5-day period of work (since the date of public notice in the media). The general administrative breach, the prescribed violation of the administrative breach at Article 3 of this Article 3, the state office petition has jurisdiction over the rule of law.

2. In the process of testing the quality of the product in production, which results in testing or whether the product asserts that the product does not conform to the standard of applicable publication, the corresponding technical standard threatens the safety of people, animals, plants, and animals. property, the environment is as processed as follows:

a) The chief executive of the administrative breach of the administrative breach (according to Form 12. BBVPHC-The appendix accompanied by the Wise, set up the sealed editor (in the 8,BBNP-section accompanying the Information) and seal the unsuitable batch of products at the production site, the store (according to the 9.TNPSP-section of the Appendix); the Agency for inspection. the product quality, which goods issued a temporary notification of production only, circulation of unsuitable product by the 7.BSBCSX-section of the Appendix to the Information, which requires the production base to recover the unsuitable product that has been launched into the market, publicly announced. on the mass media, simultaneously shifting the filing under regulation at paragraph 3 This Article and the state agency petition has the authority to handle it. according to the rule of law;

b) The production facility is only continued to produce the product after the implementation of the recovery, which accepts the processing, simultaneously reporting by text to the inspection agency to the inspection agency to conduct a re-examination and release of the continued production of the product, Circulation (in the 10.TBTTSX-section of the Appendix).

3. The state agency transfer profile has the authority to handle the breach, including: Decision-checking decision, audit editor, notification of results test results or proof of inappropriate product affirmation, administrative breach of the administrative breach, seal of the seal, notice. The executive order of the executive order, the agency's public office, provides the authority to proceed with the authority to proceed with the laws of law.

The state agency has the authority to handle the breach responsible for consideration, handling the provisions of the law and informing the agency that the test results are handled to follow, synthesize.

Chapter III

THE RESPONSIBILITY OF THE INSPECTION AGENCY

What? 9. Building a budget plan and report the situation, test results.

1. Build an audit budget plan

The situation base performs the quality of the goods on the market, the quality of the product in production, prior to 1 December the inspection of the planned construction plan for funding the production of product quality in production for the following year, aggregant. In general, in order to test the quality of the product, the goods, the acute reports have the authority to decide.

2. The situation report, test results

The test agency is responsible for a six-month, yearly, groundbreaking report on the situation and the test results. It is reported by the 11.BCCTKT-the appendix with the same information.

a) The standard Quality Measures Standards report to the Department of Science and Technology to report the Provincial People's Committee, Central City, and the Ministry of Science and Technology (Total Quality Measuring Standards);

b) Total Quality Measures Standards (Department of Product Quality Management, commodity) aggregation of the report to the Ministry of Science and Technology.

What? 10. The responsibility of the agency to test product quality, commodity

1. The Department of Product Quality Management, the commodity that belongs to the General Directorate of Quality Measures:

a) The organization performs a state examination of the quality of products in gasoline production, fuel-based fuel;

b) Other products under the demand for state management work on the quality of products, goods or on demand, the state agency ' s offer has jurisdiction.

2. The standard of the Department of Quality Measures in the province, the Central City of Central:

a) Check out the products produced on the site prescribed at Article 2 of this Smart, except for the prescribed products at the point of 1 This Article;

b) The case of finding a commodity flow in the market does not guarantee the regulations on the quality that such goods are produced locally or in the jurisdiction of the industry governing body, the other sector is handled by jurisdiction, while also through information. Written by text for the Department of Product Quality Management, local goods and inspection agencies locally where that commodity production is to co-ordinate the test organization in accordance with regulations.

3. The agencies perform the relevant state management function: Coordinate the implementation of the quality of product quality in the production of the function, the mission is delivered.

Chapter IV

EXECUTION CLAUSE

What? 11. Effect of execution

It has been effective since October 15, 2012.

What? 12.

The agencies of the quality of products, goods, production facilities, agencies, organizations, individuals involved in the responsibility of this private practice. The General Directorate for Quality Measures, Measures, organizes this Information.

In the course of execution, if there is difficulty in getting involved, the test agency reflects the Quality of Quality Measures Standards to report the Ministry of Science and Technology to review and decide.

KT. MINISTER.
Chief.

(signed)

Vietnam Chen.