Circular 06/2008/tt-Bct: Guidelines For The Management Of The Quality Of Industrial Explosives

Original Language Title: Thông tư 06/2008/TT-BCT: Hướng dẫn việc quản lý chất lượng vật liệu nổ công nghiệp

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CIRCULAR guide the management of the quality of industrial explosives pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to the law of standards and technical regulation No. 69/2006/QH11 on June 29, 2006;
Pursuant to Decree No. 179/2004/ND-CP on October 21, 2004 of the Government regulation of the State administration of quality goods;
Pursuant to decision No. 50/2006/QD-TTg dated 12 March 2004 from the Prime Minister's state management regulations on the quality of goods, Industry guidelines, procedures announced right product standards, testing and quality management of industrial explosives as follows : i. GENERAL PROVISIONS 1. Scope this circular regulates the management of the quality of industrial explosives include: responsible disclosure of industrial explosives products fit, quality assurance standards; State inspection for quality and quality management of industrial explosive materials on the territory of Vietnam.
2. the applicable object object applied to this circular is the business enterprise of industrial explosive materials on the territory of Vietnam; the active unit test service quality of industrial explosives.
The provisions of this circular has not yet applied for industrial explosives imported for exploration and exploitation of oil and gas.
3. principles of quality management of the products of industrial explosives a) explosives industry's products, goods are certificate of conformity consists of:-industrial explosives had the Vietnam standards (QCVN) are certified in conformity under QCVN;
-Industrial explosives case had the Vietnam standards (ISO) that has not been converted into QCVN, then apply that to the ISO certificate of conformity is similar to applying QCVN;
-For industrial explosives yet QCVN, the regulation applies to the certificate of conformity is the standard basis, the other after the standard Industry valuation, appraisal and allow use as interim standards for certification.
b) procedure for reviews, to allow use of the base standards, other standards do interim standards for the certificate of conformity for industrial explosives regulated in clause 5 section II of this circular.
The business unit industrial explosives must carry certification of conformity before bringing the product to market.
c) explosives imported industrial products are goods belonging to the category of goods must check the State of the quality according to the decision No. 50/2006/QD-TTg dated 7 March 2006 Prime Minister's Government.
The unit import industrial explosives to the supply market in Vietnam is responsible for quality control of explosive materials to ensure the quality of registered and is responsible for product warranty for customers.
II. PUBLICATION, Certification Of INDUSTRIAL EXPLOSIVES PRODUCTS FIT The STANDARD RULES 1. Announced industrial explosives products match QCVN business manufacturing, importing the products of industrial explosives had QCVN or ISO (not yet converted into QCVN) must implement the appropriate product disclosure standards under the principle in paragraph 3 section I. 2. Announced industrial explosives products match the base standards, other standards producers, import industrial explosives products not available QCVN can publish appropriate product standards, other standards in Vietnam (TCVN) on the basis of proposed Industry evaluation , evaluate and approve the use of that standard as interim standards for the operation of the business publication.
3. The procedures implementing certificate of industrial explosives match the product standards of industrial explosives to certified standards follow the following steps: a) check, evaluate the suitability of the product for industrial explosives according to typical sample certification method and evaluation of quality assurance terms :-production business, import industrial explosives to conduct the tests, reviews of products tailored to the respective standards in the unit test by Ministry of industry and trade specified in annex 1 of this circular;
-Industry Organization check condition to ensure product quality.
b) producers, import industrial explosives announced the product match the written standards and related documents posted on the Ministry of industry and trade;
c) Industry out of receiving texts published.
4. content and procedures announced standard fit a) production units, imports of industrial explosives to prepare suitable standards publication includes:-A published match (according to the form prescribed in annex 2 to this circular);
-Certificate of product testing of industrial explosives by standards suitable test units are specified for the industrial production of explosives in water or appropriate test certificate standards of imported product batch to import industrial explosives;
-The standards directly related to products, goods (standard and other standards in Vietnam); the other technical regulation;
-A check condition to ensure quality due to Industry to comply with the requirements stipulated in ISO 6174 (number): 1997 and to the conditions of the quality management system specified in section III of this circular for the industrial production of explosives in water or decide to take the products of industrial explosives to be used in Vietnam for explosive materials import industry;
-A general description of the product, goods (features, uses);
-A Guide to using the products of industrial explosives;
Manufacturing business case has ten (10) years in the production of industrial explosive materials assure the quality and were checked for quality assurance conditions for other products with the same production conditions, the Industry may consider, on the spot inspection exemption conditions ensure product quality.
b) Send announcement to Industry unit test case because the Industry specified does not have the ability to perform the evaluation of conformity of one or more of the target public, manufacturing business, importing can make test or rental unit testing fits this criteria and made use of it in the experimental results Record Industry. 5. Procedure of receiving announced Service of science and technology, Ministry of industry and trade's governing body and receiving appropriate standards announced product for industrial explosives.
a) product for industrial explosives are already in the category of industrial explosives were manufactured and used in Vietnam, the technical criteria specified in the decision put the products of industrial explosives to be manufactured and used in Vietnam are considered interim standards as a basis for the publication of suitable procedures.
During 5 working days from receiving the proper announcement of business, science and technology, Ministry of industry and trade to send text to receive a publication suitable for business.
Receiving certificate templates publish prescribed in annex 3 to this circular;
b) product for industrial explosives was first produced or imported into Vietnam, the Ministry of industry and trade will establish the Council of science and technology to the evaluation. The publication of appropriate standards is done together with the registration procedure the product new industrial explosives. The procedure of registering the product new industrial explosives as defined in ISO 6174 (number): 1997;
c the Council of science and technology) Industry in the process made reviews, product assay of industrial explosives simultaneously new reviews published standards fit of the product:-If the product is announced fit TCVN (not yet converted into QCVN), the assessment in order to determine the conformity of the product with the standard rules;
-If the product is announced fit other criteria, the Council of science and technology will review the product specifications to ensure conformity with the provisions of the State, the technical requirements, safe use and recommend Industry accept as interim standards apply to products.
The content reviews are detailed in annex 3 to this circular.
d) decided to put new products into the category of industrial explosives were manufactured and used in Vietnam by the Minister of industry and trade, at the same time will specify product regulation of explosives must be certified;
DD) profile reviews the product new industrial explosives are used instead of the profile quality standards fit products.
Industry level for the business a confirmation of product standards announced simultaneously with the granting decision giving the product new explosives were manufactured and used in Vietnam.
6. Use appropriate standards Mark a) industrial explosives products, after the announcement and receive a receipt of disclosure must be printed, mounted or glued up standards fits seal the product or the packaging before the circulation of products on the market.
Appropriate regulation marks must be printed in the manual product manual industrial explosives;
b) the form and dimensions of Seals announced match prescribed standards in annex 1 decision No 24/2007/QD-BKHCN on September 28, 2007 by the Minister of science and technology;
c) depending on the size of the goods or the packaging of goods, normative suitable markers can be zoom in or zoom out but must ensure the rate regulation. Full size not smaller than 01cm x 1 cm. Colors of the seal fit self by enterprises standards selection but should be clear, easily recognizable and sustainable.
7. Inspection and monitoring the product explosives after a standards certified) in addition to sending the form typical of first check in the room specified tests to assess the suitability of service standards targets announced, producers of industrial explosives are responsible to submit the sample or unit testing recommendations periodic sampling by mass or batch of products to check in the test unit is specified.
Representative sampling cycle by mass produced products been prescribed in annex 5 of this circular.

Target testing is specified in the QCVN or the ISO (not yet converted to QCVN) and the other standards correspond with the product;
b) import business of industrial explosives must fulfill the obligation to check on the quality of the goods for each import shipment;
c) results checked quality of products of industrial explosives must be kept in business to serve as a basis for checking, monitoring the quality of industrial explosives after the publication of the minimum period of time equal to 2 times the product warranty period;
d) premises inspection includes check management system for product quality, test records, equipment for quality control of raw materials, semi-finished and finished products according to each ca production, quality control of product samples, check the condition of stored product quality assurance , a distribution system, ensure the quality of the products must be made in accordance with the provisions of the law.
III. The REQUIREMENTS for QUALITY ASSURANCE of INDUSTRIAL EXPLOSIVES 1. Corporate responsibility in ensuring the quality of industrial explosive materials a) be published in industrial explosives products fit standards if explosives that do not meet fully the provisions of the regulation, standards have yet to be converted to a temporary regulation or standards;
b) During the production process or the circulation of industrial explosives if the business does not guarantee the condition of production line with content have announced products or explosives were discovered no longer fit the standard rules, the standards have not yet been converted into a temporary regulation or standards respectively business, production, import industrial explosives must promptly report to the Ministry of industry and trade at the same time taking the following measures:-pause the factory, warehouse and recovered the explosives industry not suitable are circulation on the market;
-Conduct remedy the non-conformity;
c) after overcoming the mismatch, the manufacturing business, imported explosives must report the Industry before continuing to put the product out of circulation;
d) after proper disclosure rules, organization, individual manufacturing, import industrial explosives are responsible for maintaining the continuous relevance of the product with the corresponding regulations, maintaining quality control, testing and periodic monitoring in enterprise, at the same time fully responsible to regulators and consumers about the suitability of this;
DD) ensure control of products produced by the system of notation, the code indicated on the product label of industrial explosives;
e) enterprise is responsible for keeping the records published is suitable as the basis for the inspection, the Inspector of State administration;
g) business must make the announcement back product standard when there are any changes in content compared to a suitable standard rules announced has announced.
2. Requirements for the quality management system a) business enterprise of industrial explosives must apply the quality management system ISO 9001:2000;
b) the slowest to January 2010, enterprises have yet to apply the quality management system ISO 9001:2000 must make application of this quality management system.
3. Requirements for test equipment, quality control for the production of industrial explosive materials a) manufacturing industrial explosives must have equipment for quality control of finished products and semi-finished products to ensure the factory products meet quality criteria announced at a minimum, include the testing equipment determines the following norms:-explosive speed measuring device, under TCVN 6430:1998;
-Equipment for determining the ability of the explosive, the 6421 TCVN: 1998 or ISO 6423:1998;
-Instruments and equipment for determining the transmission distance of the blast, according to ISO 6396:1998;
-Equipment, instruments, humidity of explosives (for explosive amonit);
-Tensile meters, stretching long; explosive speed, fire, differential time meter (for the unit of production blasting accessories);
b) other quality standards of the product, if the facility does not qualify the whole equipment test equipment can rent the unit test is specified to perform the test according to standards;
c) The equipment must be prescribed calibration, maintenance, routine maintenance and established track record.
4. standard requirements of materials a) enterprises should apply the existing standards of Vietnam or the construction standard system on the basis of the existing Vietnam standards for raw materials, the production of explosives and often performed to check the specification of the raw material;
b) of standard materials, the results of the regular checks of the quality of raw materials under the production batch must be established and records kept at the unit in the minimum period of time equal to 2 times the warranty period for the product of that material.
5. profile requirements test methods, the test results a) units, the Department is responsible for checking the quality of products, raw materials for the production of industrial explosives to build, keeping records of test methods and test results, testing in the production process;
b) test results, check product quality according to the ca or product batch must be logging or established track record. The records of test results, quality control of products must be stored in a minimum time span by 2 times the duration of warranty for that product.
6. Ask about quality assurance system for the client a) supply business enterprise of industrial explosives with a mass above 5000 tons/year on the equivalent radius of 150 km should have the supply inventory and location of warranty, customer complaints about the quality of industrial explosives in the area;
b) staff at the location of warranty must be full of technical features, fire and explosion properties of explosive materials products provide, make sure the instructions for the proper use of user categories, the purpose of use and have follow-up, quality assessment of industrial explosives;
c) if the product does not guarantee the quality in the warranty period, production units, supply is responsible for recovering, processing of industrial explosives products, compensation for damage to the customer under the agreement or under the provisions of the law;
d) if the product does not guarantee the quality after the warranty period, production units, supply has the responsibility to coordinate with customers, handle explosives industry.
IV. QUALITY ASSURANCE REQUIREMENTS FOR TESTING EXPLOSIVES INDUSTRY 1. Asked about the legal basis of the experimental unit of industrial explosives is testing explosives registration functions and the operating licence relating to industrial explosives as defined in circular No. 02/2005/TT-BCN on March 29, 2005 of the Ministry of industry (now the Ministry of industry and trade); be Industry specify sequence specified in circular No. 02/2006/QD-BKHCN on October 10, 2006 of Ministry of science and technology guidance on conditions and procedures conducted to check the quality of products, goods.
2. Guarantee the physical conditions, technical units of industrial explosives test is specified to apply and have the appropriate accreditation certificate ISO/ISO/IEC standard 17025.
There are full page testing devices ensure checks are the basic parameters of the quality criteria of industrial explosives.
3. Annual report of the unit specified test reporting on activity testing explosives industry standards and appropriate test was posted about the Industry before March next year.
V. The STATE INSPECTION Of QUALITY Of INDUSTRIAL EXPLOSIVES 1. Check state for the quality of industrial explosives imported a) before the goods of industrial explosives arrived at the gate, the importer must register the product quality control in industrial explosives with the experimental unit of industrial explosives are Industry indicated according to the model in annex 6 of this circular;
b) Customs made the inspection specifications, product labels, industrial explosives corresponds with a report of the business and technical documentation sent enclosed with the goods;
Depending on the required quality control of industrial explosive materials imported, the customs authority may conduct random sampling, sealed, delivered to the import business brought to go trial in registered testing units and enabling businesses to transfer the goods on where convenience store;
c) import business of industrial explosives after putting the product on where convenient store is responsible for sampling, test samples sent the standard quality criteria were announced by products in registered testing unit testing.
The case of industrial explosives samples have been taken, the Customs sealing paste, import business not to get more sample test that is responsible for the preservation and transfer of prototype test units have registered to test;
d) unit test the explosives industry has the responsibility to check the conformity of the prototype quality criteria, send the test results to the import business of industrial explosives, customs entry gate and the associated agency according to the form prescribed in annex 7 of this circular;
DD) businesses are only allowed to take goods for industrial explosives imported into business, used when the test results of the product quality standards consistent with published standards.
2. check for quality surveillance, explosives, industrial production in the country a) recurring or unusual, Industry or in coordination with the ministries concerned to conduct sample checks of typical products of industrial explosives;

b) form of industrial explosives used to check the quality of the product is the form taken at any of the production units, the main supply unit, within the time limit for use of the product. Samples are sealed unit test sent explosives industry by Industry. The number of samples tested according to test requirements by the specified test unit provisions;
c) unless there is a complaint or expressed doubts about the quality of the product, the sampling, random sampling check of products of industrial explosives are conducted not more than once in a year;
d) test results the quality criteria of industrial explosives products are posted on the science and technology, Ministry of industry and trade and production business 1st explosives industry 1.
VI. REPORTS Of The QUALITY Of INDUSTRIAL EXPLOSIVES And HANDLE BREACH 1. Shall report in March every year, the business of producing, importing explosives industry gathering quality management situation report on the Industry. the report contents include:-the results of the test prescribed in paragraph 10 section II of this circular;
– The number of industrial explosives has produced quality situation, raw materials, finished products of industrial explosives;
-Quality problems, customer complaints (if any);
-Measures for the handling of goods of inferior quality were made.
2. Handle violation of organization, individuals violating the rules of proper publication quality standards, ensuring the quality of products of industrial explosives depending on the nature and extent of the violation will be handled in accordance with the law.
VII. ENFORCEMENT Of TERMS 1. The organization making the science and Technology Department of the Ministry of industry and trade made the following duties: a) General staff help implement state management functions of the quality products of industrial explosives;
b) annual construction, the Minister of industry and trade announced the addition products of industrial explosives were manufactured and used in Vietnam;
c) presiding, in cooperation with the relevant units of building and suggest the Minister of industry and Commerce issued the Vietnam standards about quality criteria, test method for industrial explosives;
d) organizations receiving matching announcement standardisation of products of industrial explosives, certificate-level quality products for industrial explosive materials enterprises published;
DD) organization check, monitoring, ensuring the quality of products of industrial explosives in the manufacturing business, import industrial explosives; hosted, in cooperation with relevant agencies to conduct the inspection, the inspection and handling of violations of standards announced under the provisions of this circular and the other regulations concerned;
e) in collaboration with the Agency to resolve complaints, disputes relating to the quality, product quality standards for industrial explosives;
g) testing, monitoring of industrial explosives tests in the specified test unit to test the quality of products of industrial explosives.
2. Effective enforcement of this circular effect after 15 days from the date The report.
In the process, if there are problems or new issues arise, suggest the Organization, personal reflection on the Industry (science and technology) to promptly handle./.

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