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Circular 02/2006/tt-Bkhcn: Guidance On The Conditions And Procedures Specified Holding Checked Quality Of Products, Goods

Original Language Title: Thông tư 02/2006/TT-BKHCN: Hướng dẫn về điều kiện và thủ tục chỉ định tổ chức thực hiện kiểm tra chất lượng sản phẩm, hàng hoá

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Circulars on conditions and procedures conducted to check the quality of products, goods _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on goods quality Ordinance of 24 December 1999;
Pursuant to Decree No. 54/2003/ND-CP dated 19 May 2003 from the Government functions, tasks, powers and organizational structure of the Ministry of science and technology and the Decree No. 28/2004/ND-CP dated 16 January 2004 of the Government revising, supplementing a number of articles of Decree No. 54/2003/ND-CP;
Pursuant to Decree No. 179/2004/ND-CP on October 21, 2004 of the Government to manage state on the quality of products, goods;
To ensure consistency in the specify the implementation to check the quality of products, goods, after the unification of the professional Manager, Ministry of science and technology guidance on the conditions and procedures specified organizations make the inspection of product quality goods, as follows: i. SCOPE 1. Specify the organization performs quality control of products, goods is the competent State agency review, specify the Organization has enough capacity to perform quality control of products, goods (hereinafter referred to as the specified organization).
2. the specified organizations include: a) The active career organization technical services of the professional manager.
b) business organizations evaluation services (hereinafter referred to as the assessment) was established in accordance with paragraph 3, article 16 of Decree 20/1999/ND-CP dated 12/4/1999 of the Government on trading in goods inspection services.
3. The agency designated as the Ministry of science and technology or the professional manager according to the assigned responsibility to manage state on the product quality, the goods of the Government (hereinafter referred to as the Agency specifies).
4. Object, content, procedure and method of quality control of products, goods are defined in other documents.
II. Conditions For The SPECIFIED ORGANIZATION 1. For the technical operation of the service industry in The management of this Organization should meet the following conditions: a) Is the decision-making State organization established, allows operation in the field of quality control of products, goods, have full legal personality;
b) have sufficient technical expertise about the test, test the quality of the product, the corresponding goods and has seniority working from 3 years upwards.
c) have adequate equipment necessary and suitable to test, experiment, evaluate the quality criteria are specified in the checkout process of your products, goods, respectively. The case is not yet enough of the equipment needed to test out the quality check process, be allowed to use external test room for testing the remaining criteria, and must be made by a contract testing services;
d) have sufficient technical regulations, international standards, standards of Vietnam and other standards, the technical documentation, testing procedures, testing of corresponding products, goods are checked;
DD) Organization has tested have recognized management system conformity to ISO 17025/IEC priority consideration, indicated.
2. With regard to the use of the authorities and specifies the authorities taking part in the quality control of products, goods made according to circular No. 16/2002/TT-BKHCN on 13/12/2002 of the Ministry of science and technology guidelines paragraph 3 article 16 of Decree 20/1999/ND-CP dated 12/4/1999 of the Government on business of cargo inspection services turns.
III. Order and ORGANIZATION PROCEDURES to CHECK the QUALITY of PRODUCTS, goods 1. For the technical operation of the service industry in the management of this organization established specialized records to be reviewed. The record was established 2 sets of specialized Manager product sector, the goods please specify (according to assigned responsibilities in article 23, Decree No. 179/2004/ND-CP dated 21/10/2004 of the Government) with the following content: a) The text of the proposal specified product quality control goods (according to the form prescribed in annex I of this circular);
b) list of officers to perform inspection and testing (in the form prescribed in annex II of this circular);
c) directory of measurement equipment, test (in the form prescribed in Appendix III of this circular);
d) directory of documents, technical regulations, international standards, ISO, technical documentation, testing procedures, testing corresponds to areas of the product, goods please specify (in the form prescribed in annex IV of this circular);
DD) the contract of use and capacity outside the testing room (if available);
e) establishment of organization and other related documents.
2. for the authorities When wishing to join the task to check the quality of products, goods, on the basis of the Agency's requisition specifies, the authorities conducting the procedure according to circular No. 16/2002/TT-BKHCN on 13/12/2002 of the Ministry of science and technology guidelines paragraph 3 article 16 of Decree 20/1999/ND-CP on December 12 4/1999 of the Government on trading in goods inspection services.
3. On order, procedure, reviews indicated

a) after receiving the application, the Agency indicated the organization assess the adequacy and conformance of profiles, reviews of the qualifications, the competence of the organization please specify to take appropriate decisions. The evaluation can be done directly in this organization through the activities of the Council reviews by the Agency indicated the decision established. The Council reviews including technical experts and the professional managers.
b) for eligible organizations are assigned to check the quality of products, goods, specified decision-making authority specify (in the form prescribed in annex V to this circular) and inform the Ministry of science and technology to management.
c) for organizations not yet eligible, appointed agency have written notice of reasons to organize there, additional remedies needed.
d) time limits the validity of the decision to designate the Organization to check the quality of the goods is 3 years. Two months before the decision invalidated, the Organization was designated procedures to be specified if there is demand.
timer for the organizations to check the quality of imported goods has been the appointed professional manager prior to the time this circular effect, to conduct hearings, reviews and appointed under the provisions of this circular.
IV. RIGHTS And RESPONSIBILITIES Of The ORGANIZATION BE ASSIGNED 1. The right to a) requires organizations, individual manufacturing, business records and documents provided related to the quality of products, goods;
b) conducts quality control of products, goods for the content specified in the checkout process, technical regulations;
c) levels of product quality certification, goods according to the form of reunification by the Ministry of science and technology issued for products, goods (cargo or representative samples) through quality check.
d) announced the shipment or representative sample quality and timely reports to the State agency authorized to conduct necessary disposal measures.
DD) test management and quality according to the regulations of the Ministry of finance.
2. Responsibility of a) make checking product quality, in the field of goods, the scope is specified;
b) with respect to the products or goods in the category to check for quality, the organization is specified based on the test procedures, the Vietnam standards and other regulations on safety, hygiene and the environment by the competent State agencies issued to exercise control;
c) timely report (not later than 24 hours from when discovered) for State administration authority on these products, goods quality directly affects the risk to hygiene, safety, human health, fauna and the environment;
d. be responsible before the law on the inspection results of product quality, the goods by themselves;
DD) focuses all resources to perform the quality control of products, goods in the specified scope according to the schedule when sudden request of competent State agencies;
e) maintain the conditions for the specified organization, conducted the testing, measurement equipment calibration, testing under the regulations of the Ministry of science and technology;
g. records check, testing and related books under the rules and when the authorities responsible for the request.
V. REPORTING MODE 1. The specified organization should report to the Agency specified when one of the following changes: a) to change the scope of the outer check specified sectors or suspend;
b) change Office, change the equipment check, change or complement of staff related to the field test is specified, change the provider of testing services.
After reviewing a report about the changes on the Agency, specify the appropriate decision notice for the specified organization, at the same time inform the Ministry of science and technology (Directorate for standards and quality) to coordinate the management.
2. periodic reports 6 months, a year on specified authorities and the Directorate for standards and quality according to the following: a) list of businesses that have products, goods had to be tested.
b) number, volume, value of goods, product batches were tested.
c) situation of product quality, the goods were examined.
d) the situation of the complaints, the agency business.
DD) recommendations, proposals.
VI. INSPECTION, Testing 1. Periodically or irregularly, the Agency will examine, inspect the activity of the organization is indicated.
2. specify the Agency will consider revoking the decision specifies when the specified organization in violation of the provisions of the following: a) check the quality of products, goods not in accordance with the current rules;
b) check the quality of products, goods out of range, the specified field;
c) expression is not honest when checking and certifying the quality of products, goods.
3. Officers and employees of the Organization are specified using the functions, duties, and powers interfered for the individual production organisation, business or falsify records to check service will be dealt with according to the provisions of the law.
VII. IMPLEMENTATION 1. This circular has the effect after 15 days from the Post Gazette.

2. The Ministry of science and technology Affairs General Directorate for standards and quality of the Guide specifies the Organization of quality control of products, goods. Periodically, the Directorate for standards and quality report the Ministry of science and technology on the work and activities of the Organization are specified.
3. In the process of implementation, if any of these problems, the agencies, institutions need timely reflection of the Ministry of science and technology (Directorate for standards and quality) to consider and resolve.