The circular stipulated check on product quality in production in the scope of management of the Industry _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to the law of product quality, the goods on November 21, 2007;
Pursuant to Decree No. 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on product quality, the goods;
According to the proposal of the Director General, science and technology, Minister of industry and Commerce issued a circular regulating check on product quality in production management of the domain Industry. Chapter I GENERAL PROVISIONS article 1. Scope 1.    This circular regulates the content, sequence, procedure and implementation check on product quality in production are the responsibility of management of the Industry. 2.     Products in the production department in the scope of this circular are provisions in clause 2 Article 32 DD points to Decree 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on product quality, goods, except for the products specified in paragraph 3 of this article.
3. The product is not in the scope of this circular are: a) chemicals, industrial explosives, fertilizers;
b), equipment have strict labor safety in the scope of the governance of the Ministry of industry and trade;
c) services in the field of industry and Commerce;
d) electronic commerce;
DD) the product has quality control regulations in the production in the circular issued by the Ministry of industry and trade.
Article 2. The object that applies to this circular apply to: 1. organizations, individual products are the responsibility of management of the Ministry of industry and trade provisions in clause 2 1 of this circular;
2. State administration for quality products, goods;
3. organizations and individuals concerned.
Article 3. The base and form the product quality control in the production of 1.    The product quality control in production are carried out according to the annual plan by the competent authority for approval.
2. The product quality control in the production are made irregularly when one of the following bases: a) information, warning of domestic production goods for export do not match the conditions specified in article 32 the product quality Law, goods;
b) survey results or quality control of commodity circulation on the markets of the bodies discovered quality goods not consistent with standards applied//technical regulation technical provisions respectively;
c) authentication of information organization, domestic and personal reflection on the quality of products, commodities.
3. The product quality control in the production of prescribed in clause 1 and clause 2 of this Thing is done in the form of the test group. The test group was established under the provisions of article 48 law on quality of goods and products.
Article 4. Principles of test the quality control activities must ensure the following principles: 1. Ensure clear hierarchy assignment, effective coordination; not cause harassment, troubles affecting the operation of production facilities was examined.
2. Objectivity, accuracy, transparency, publicity, not discrimination.
3. Checking the base of technical regulations, technical standards, applicable standards, regulations on the label and management measures on product quality in production.
4. Protection of confidential information, documentation, test results of the inspection agency, manufacturing base when no official conclusion.
5. Be responsible before the law about the test results, relevant conclusions.
Chapter II CONTENT, sequence TEST PROCEDURE and PROCESS VIOLATIONS in the PROCESS of PRODUCT QUALITY CONTROL in PRODUCTION article 5. Content check product quality in production of 1. Check the implementation of the regulatory requirements pertaining to the conditions of the production process and measures to manage state on the product quality in production, including: a) check the conformity certification records, announced combination rules (with respect to the product, goods must be certified and announced the combination rules); profile published standards (for products and goods announced standards compliant); profile certified quality management system conformity to standards (for applicable products quality management system); profile check the quality of products, goods (products, goods that apply to the respective technical regulations);
b) examined the implementation of the standard applies to published according to the provisions of article 23 law on product quality, the goods;
c) check the label, warning information content (for the products, commodities have regulations on warning information expression); the profile information, advertisements (for products, advertising information goods); demonstrate conformity mark (for products, goods must be certified and announced the combination rules), conformance mark (for products, goods are certified to standards) and the accompanying documents should check the product;
d) cases in the respective technical regulation contains provisions relating to the conditions of the production process shall examine the implementation of this regulation in the process of production of the product;
DD) check the implementation management of State measures on the quality of products in production by the regulating authority bodies.
2. Inspect the work to control the production process of manufacturing facilities related to the form of the products and maintain the quality assurance includes: a) check the technical profile of the product (design, material specifications of the product);
b) test all or one of the stages of the production process (from input, through the intermediate stages until the formation of the product including the process of packing, unloading, storage and transport of products);
c) check the quality of raw materials (according to the technical regulations/standards applied, corresponding technical regulation and the use of prohibited materials, overdue materials used);
d) check the implementation of the requirements on equipment technology and measurement equipment, test, experiment;
DD) check record skilled workers and technical staff;
e) The other necessary technical content.
3. where necessary, the test can use experts to conduct the review according to the requirements of technical regulations/technical regulation respectively. Expert reviews are independent, objective and responsible before the law about the results of his review.
4. model tests to check the conformity of products with technical regulations/standards applied, corresponding technical regulation made under the provisions of the law.
Head of the delegation decided to test the sampling of products for testing are as follows: a) template is retrieved by the method defined in the sample of technical regulations, standards, technical regulation respectively. The absence of provisions on sampling methods, the sample random principles, make sure the pattern is representative for product batches. Each sample was divided into 3 (three) units of samples, including: a sample unit to be sent to the test, a sample unit in the Agency check and remaining samples units assigned to the object to be examined and preserved;

b) product samples taken must be sealed (model No. 4 in Appendix to circular), set the minutes (model No. 3 in the annex attached to this circular) signed by the person taking the sample, representative of the sampled establishments. The case represented a sampled establishments not signed minutes of sampling and sealing the sample test group invited the witness under the rules of law and clearly in the minutes: the "represent a basis not to sign the minutes, sealing sampling model", report samples, sealed sample signed by the sampling , head of the delegation examined and witnesses under the provisions of the law;
c) within a period of maximum 3 (three) working days from the date of sampling, test group is responsible for sending product samples to the testing organization designated to experiment.
Article 6. The cost of sampling and test the cost of sampling and testing of samples taken according to the norms stipulated in the circular of 28/2010/TTLT-BTC-BKHCN on Mar 3, 2010 of the Ministry of finance and the Ministry of science and technology management guide and use the funds for the operation of the State inspection of product quality , commodities.
Article 7. The sequence and testing procedures test conducted Đoàn test sequence, the following procedure: 1. Present decided to check in (model No. 1 in Appendix attached herewith) before testing.
2. Conduct the test according to the content of the provisions of article 5 of this circular.
3. Set the minutes check (form number 2 in the appendix attached to this circular) signed by representatives of establishments are tested, the test group. The case represents the base be examined do not sign the inspection delegation clearly in the minutes "represents the base does not sign," the minutes signed by head of the delegation check, check group members and bystanders.
4. In the case of sampling the goods service testing, sampling inspection prescribed in paragraph 4 to article 5 of this circular.
5. report the Agency check or inspection decision on test results.
6. Processing test results a) undetected cases of violations, the test group, check out product announcements are continuing production, circulation (form No. 10 in Appendix attached to this circular) and specify the products do not infringe the provisions of this circular.
b) case of violation detection, the examination Division, Agency inspection violation processing as specified in article 8 of this circular.
Article 8. Handle violation during check 1. In the process of product quality control in production, case detection manufacturing facilities violate the handle as follows: a) check Group founded thereon, require production facilities make the remedies within the time limit stipulated clearly in the minutes. During the implementation of the corrective measures, the production base is not allowed to take inappropriate products out of circulation on the market.
The only production facility was taken out of circulation after the product has been remedied in accordance with the requirements of the test group, reports the fix in writing to the Agency and the Agency was checking out product announcements are continuing production, circulation (number 10 Jerseys in the appendix to this circular);
b) where after the test group's request that production base spell continued violation shall, depending on the nature and extent of the violation, the extent and scale of impact, the quality control of products, goods within 7 (seven) working days (from the date of conclusion of the continued violation of the production facilities) , public notice on the mass media (newspapers, radio, television) of the central or local name, address of the manufacturing facility, product names do not match and the level of mismatch of product (variety, number 6 in the appendix attached to this circular);
c) after a public announcement on the mass media which production base spell continues to violate the Agency check product quality, the goods within 5 (five) working days (from the date of the public notice on the mass media), setting the minutes of administrative violations records transfer, as specified in paragraph 3 of this recommendation, the competent State agencies processed under the provisions of the law.
2. In the process of product quality control in the production of that test results or evidence confirms the product does not conform to the technical regulations/standards applied, corresponding technical regulation threatening to the safety of people, animals, plants, property, the environment, the handling is as follows : a) announced the test results do not guarantee the product variety, quality (Color number 5 in the appendix attached to this circular) for production facilities are checked within 5 (five) working days from the date of receiving the test results, color;
b) protagonist check up the minutes of administrative violations (Oxidized number 12 in the appendix attached to this circular), formed a seal (the great mystery number 8 in the appendix attached to this circular) and sealed product batch is not appropriate at the place of production, warehouse (Oxidized number 9 in the appendix attached to this circular); The Agency examined the quality of products, commodities announced temporary suspension of production, circulation of inappropriate products (Jerseys number 7 in the appendix attached to this circular), the required manufacturing recovery products suit was not brought to market, the public notice on the mass media at the same time transfer the records prescribed in Paragraph 3 of this article and the recommendations of the competent State agencies processed under the provisions of the law;
c) production facilities are only allowed to continue production after the implementation of the remedy, Executive handling, and writing reports for the Agency to conduct inspections agency re-examined and notification of product's production continued, the circulation (number 10 Jerseys in the appendix attached to this circular).
3. The record converted the competent State bodies handling violation, including: the decision to test, report on the test, the test result message Oxidized or evidence confirms the product does not fit, the minutes of administrative violations, report sealed, announced temporary suspension of production, dispatch of test bodies recommend competent authority conducting the procedure of handling under the provisions of the law.
4. the competent State agencies handled the violation; is responsible for considering and handling in accordance with the law and notify the agency knew the result handle to track, aggregate.
Chapter III article 9 ENFORCEMENT PROVISIONS. Implementation 1.   Science and technology is the focal agency for product quality control in production in the scope of management. Specific: a) presiding, in cooperation with the bodies, the relevant unit implementation check on product quality in production as defined in paragraph 1 Clause 2, article 3 of this circular;
b) synthesis, report the situation to check on product quality in production as prescribed in this circular;
c) General plan, cost estimation of product quality control in production every year of Industry to the authority for approval and implementation;
d) responsible urge, instructions, examine the implementation of this circular.
2. The General Directorate, Department, Service Department in the Industry and State regulators are concerned: a) chaired the inspection of product quality in production in the range of management according to the provisions in paragraph 2 of article 3 of this circular;
b) coordinate and participate in making the product quality control in the production function, tasks;

c proposed test plan) quality of products in production year for the products in the scope of the management unit and of the science and technology.
3. The Department of industry and commerce is responsible for chairing, in collaboration with the unit, the relevant organizations held product quality control in the production of specified in clause 2 1 of this circular. Specifically the following: a) make check on product quality in the manufacturing areas are assigned according to the provisions of the law;
b) where findings of the goods traffic on the market does not guarantee the quality of goods that are produced locally, or under the authority of the governing body of the industry, other sectors, then processed according to the authority, at the same time notify in writing to the respective local check where that commodity production to coordinate inspection organization investigation of the production according to the regulations;
c) building plans, cost estimation of product quality control in production annually to the provincial people's Committee, the central cities of approval and implementation;
d) Submitted plans to check the quality of products in production annually have been the people's committees of the province/city centrally approved about science and technology, Ministry of industry and trade;
DD) provincial people's Committee report/central cities and Industry (through the Service of science and technology) periodically 6 (six) months, annually, the irregular situation and test results. The content report form number 11 in the appendix attached to the circular.
4. organizations and individuals responsible for product manufacturing: a) ensure products meet the quality requirements as defined;
b) withdrawal, processed goods does not guarantee the quality of the Organization, individuals selling to the market. In case of destruction of the product does not guarantee the quality, they must bear the entire costs for the destruction of the goods and take responsibility for the consequences of the destruction of the goods under the law;
c) executive regulations regarding handling of violations in the process of product quality control in the production of the State Management Agency of competent jurisdiction;
d) observance of the State inspection for product quality in the production of State administration authorities.
Article 10. Effect 1. This circular is effective from July 1, 2016.
2. in case of legal texts are cited in this circular are modified, supplemented or replaced, then follow the new text.
3. In the process of implementation, the case has arisen, the agencies, organizations, personal reflections on timely Industry (through the Service of science and technology) to consider and resolve.