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 and of Decree 44/2010/ND-CP dated 14 December 2010 of the additional amendments to article 3 of the Decree 189/2007/ND-CP on December 27 2007;

Pursuant to the law of product quality, the goods on November 21, 2007 and the Decree No. 132/2008/ND-CP on December 31, 2008 of the Government detailing a number of articles of the law on product quality, the goods;

Pursuant to the law of standards and technical regulation on June 29, 2006 and Decree No. 127/2007/ND-CP on 1st August 2007 detailing the Government's implementation of some articles of the law on technical regulation and standards;

Minister of industry and trade regulation of product quality management, goods in Group 2 in the scope of management as follows: chapter I GENERAL PROVISIONS article 1. Tuning range, the object application this circular regulations on product quality management, goods is likely to cause loss of safety (hereinafter referred to as the product, goods group 2) in the scope of management of the Industry, apply to: 1. The organization, individuals produce business, using the products, commodity group 2 by Industry management.

2. State management agencies about the quality of products, commodities Group 2 in the Industry and the Agency, other organization concerned.

3. The conformity assessment organization are Industry or admit.

Article 2. Explanation of terms 1. Products, commodities Group 2 is a product of, the goods in the condition shipped, stored, preserved, use reasonable and proper purpose, still potentially harmful to people, animals, plants, property, the environment.

2. the State inspection of product quality, the commodity is the State agency review, reassess the quality of products, commodities, production, provision of services have been assessed for quality by the Organization reviews the fit or has applied quality management measures of other organizations personal, business, manufacturing.

3. Agency for quality control of products, goods of Industry is the unit was assigned the task hierarchy, state management of quality for products, goods are the responsibility of management of the Ministry of industry and trade.

4. Inspection Agency for product quality, commodity group 2 import is the Industry Organization is appointed under the provisions of the law; the list was posted on the website of the Ministry of industry and trade to the Organization, the individual import options.

5. conformity assessment organization is designated as the organisation meets the conditions in item 2 of this circular, Industry Review, decided to publish the list to organizations, individual manufacturing, trading options using the services of conformity assessment.

Chapter II PRODUCT QUALITY MANAGEMENT, goods GROUP 2 section 1 CONDITIONS to ENSURE the QUALITY of PRODUCTS, GOODS in GROUP 2 of article 3. Conditions of guarantee the product quality, the goods produced in Group 2 1. Apply a quality management system to ensure product quality consistent with the respective technical regulation and labelling according to the provisions of the law on the label of the goods before putting the product out of circulation on the market.

2. Is the certificate of conformity, conformity announced by respective technical regulation. The publication of conformity is made according to the provisions of section 2 of this circular. With respect to the goods and products group 2 particular requirements of the production process, the producers are responsible for applying national technical regulation regarding the conditions of production and conformity certified by certification organizations are specified.

3. in case the product, commodity group 2 new features potentially causing loss of safety in the transport conditions, save to keep, preserve, use reasonable and proper purposes for which this new favorite ch properties are specified in the national technical regulation or the first products appeared in Vietnam potential to cause loss of the safety production the responsibility to prove that products are safe for people, animals, plants, property, the environment according to the regulations of the Ministry of industry and trade.

4. Subject to the Agency's inspections to check the quality of products, goods in production according to the provisions of article 20 of this circular.

Article 4. Conditions to ensure the quality of goods imported Group 2 1. Must be announced conformity, certificate of conformity according to the respective technical regulation by the certification organization by the Ministry of industry and trade or be admitted according to the provisions of article 26 of the law on product quality, the goods. The publication of conformity is made according to the provisions of section 2 of this circular.

2. where the goods imported do not meet Group 2 as defined in paragraph 1 of this article when the import inspection must be organized by Industry or are admitted under the provisions of article 26 of the law on product quality, goods inspection at the gate or the gate to enter.

3. Goods imported Group 2 must be checked when the quality of imports as defined in article 21 of this circular.

4. for goods of Group 2 have the technical standards relating to the conditions of the manufacturing process for the product, goods that you import must provide additional certificate related to the conditions of the production process by the specified certificate or acknowledgment.

5. where the goods group 2 new features have the potential to cause loss of safety in the transport conditions, save to keep, preserve, use reasonable and proper purposes for which this new features don't be specified in t central technical regulation or the first goods imported into Vietnam potentially causing loss of safety, the person responsible for the certificate import proving that goods are safe for people, animals, plants, property, the environment according to the regulations of the Ministry of industry and trade.

6. Goods by enterprises in the export processing zones of production for the domestic market are mass quality management with respect to imported goods.

Article 5. Conditions to ensure the quality of goods export product group 2, group 2 goods exported to apply under the provisions of article 32 of law quality of products, goods and article 9 of the Decree 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on product quality , goods.

Article 6. Conditions to ensure the quality of the goods circulation market Group 2 1. Must meet the regulations on ensuring the conditions of the quality of products, goods in, import manufacturing.

2. In compliance with the corresponding technical standards in the process of circulation of goods or self applied quality control measures in order to maintain the quality of its merchandise to sell.

3. Subject to the Agency's examination of product quality inspection, commodity circulation on the market under the provisions of article 23 of this circular.

4. products, goods of Group 2 have strict requirements on safety in shipping when the circulation to ensure the regulation of safety in shipping, explosions under the provisions of the law on fire, fire.

Article 7. Conditions to ensure the quality of the goods group 2 in the process of use 1. When used, transported, stored, preservation, maintenance, maintenance to comply with the instructions of the manufacturer and the national technical regulation on safety respectively.

2. for goods of Group 2 in the category of goods to inspection during use, after the certification audit by the auditing organization indicated recently was allowed to put to use.


3. Subject to the Agency's inspections to check the quality of products, goods in the course of use as stipulated in article 24 of this circular.

Category 2 certified CONFORMITY ANNOUNCED CONFORMITY and SPECIFY the ORGANIZATION REVIEWS the CONFORMITY article 8. Announced product, commodity group 2 match technical standards 1. The Organization, the individual production, sales of products, goods group 2 must implement the announced product, goods fit the respective technical regulation.

2. where the products, commodity group 2 does not yet have a national technical regulation, the announced product, goods are made according to the standards (TCVN, TCCS or apply foreign standards) or other technical rules are being applied to announced the match until national technical standards for products goods which are issued and effective enforcement.

Article 9. Product announcement, commodity group 2 match record technical regulation published products, commodity group 2 match technical regulation include: 1. A publication conformity according to the form prescribed in annex I to this circular.

2. certified copy of the certificate of conformity of the product, goods with the corresponding technical standards by certificate of conformity.

3. A general description of the product, goods.

4. The standards directly related to products, goods (TCVN, TCCS or applying foreign standards) or other technical regulations.

5. A Guide to using the product, goods.

Article 10. Procedures to receive and publish appropriate rules 1. The Organization, individual manufacturing, product business, commodity group 2 must perform the assessment of conformity with the corresponding technical regulation in conformity certification organizations are Industry.

The case of the Organization, the individual self conformity assessment organizations and individuals announced conformity must perform the test in the test room be Industry.

The result is conformity assessment pursuant to individual organizations publish conformity.

2. When published conformity, organizations, individual manufacturing, trading, import must have a published conformity at the Department of industry and commerce in the place where the local organization, that individual registration, production, business.

3. in the period of five (5) working days from receiving the full announcement of conformity with technical standards of organizations and individuals, the Department of industry and Commerce submitted documents published cases attributed to the Organization, that individual. Sample confirmation message announced the conformity with the provisions of annex II to this circular.

Article 11. Conditions for the specified test organization held the specified test must meet the following conditions: 1. the guarantee certificate the ISO standard ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005.

2. Registered active field tests at the Ministry of science and technology according to the regulations.

3. In each of the specialized areas, with at least 10 tested students have appropriate professional product testing activities, the corresponding goods and have experience from 3 years upwards.

4. There are a variety of technical documents, the necessary standards and test procedures consistent with the respective technical regulation.

5. test organization has recognized certification organization recognized Vietnam's legal or legally recognized institutions abroad is a member of the association recognized the Pacific (PAC) and the International Accreditation Forum (IAF), priority consideration, indicated.

Article 12. Conditions for authorities assigned the specified inspection organization must meet the following conditions: 1. Has registered examiners field operations under the provisions of commercial law and Decree No. 20/2006/ND-CP on February 20, 2006 detailing the Government's commercial law business commercial inspection services , Circular No. 10/2006/TT-BTM on April 11, 2006 of Ministry of trade mark registration guide of merchant service business trade Superintendent.

2. Have the capacity assessment that meets the requirements specified in the ISO standard ISO/IEC 17020:2001 or the international standard ISO/IEC 17020:1998.

3. In each field of specialization, there are at least 2 assessor has the appropriate professional product inspection activities, the corresponding goods and have experience from 3 years upwards.

4. There are a variety of technical documents, the necessary standards and test procedures consistent with the respective technical regulation.

5. certificate authorities recognized by the legal recognition of Vietnam or held foreign legal recognition as a member of the association recognized the Pacific (PAC) and the International Accreditation Forum (IAF), priority consideration, indicated.

Article 13. The conditions for auditing organization indicated the specified inspection organization must meet the following conditions: 1. the registered auditing activities in the Industry. With regard to the auditing organization of the pressure equipment, lifting equipment located in the category machines, devices with strict labor safety in the range of State management Industry must comply with the provisions in circular No. 35/2009/TT-BCT on December 9, 2009 prescribed operational conditions with technical inspection organization.

2. test suite that meets the requirements specified in standard ISO/IEC17025 ISO country: 2007 or international standard ISO/IEC 17025:2005.

3. In each field of specialization, there are at least 2 qualified auditing professionals auditing activities suitable products, the respective commodity and have experience from 3 years upwards.

4. There are a variety of technical documents, the necessary standards and test procedures consistent with the respective technical regulation.

5. audit organization has recognized certification organization recognized Vietnam's legal or legally recognized institutions abroad is a member of the association recognized the Pacific (PAC) and the International Accreditation Forum (IAF), priority consideration, indicated.

Article 14. Conditions for certification organization assigned the specified certification organizations must meet the following conditions: 1. the registered scope of certification at the Ministry of science and technology according to the regulations.

2. management systems and operational capacity of the certification organization must meet the requirements specified in the national standards, international standards and international guidelines for each respective type: a) national standards ISO 7457:2004 or the international standards ISO/IEC Guide 65:1996 and the related Guide of the International Accreditation Forum (IAF) for the certified operations get product, goods;

b) ISO standard ISO/IEC 17021:2008 international standards or ISO/IEC 17021:2006 and the relevant guidelines of the International Accreditation Forum (IAF) for operations management system certification;

c) has the power to assess the response specified in the ISO standard ISO 19011:2003 ISO 19011 standard or: 2002.

3. Have at least 5 expert reviews in the official payroll (employees or contract workers have the time limit from 12 months or labor contract does not specify the time limit) of the Organization, qualified university graduates or above and consistent with operational expertise about product certification goods, the process, the respective environment and have experience from 3 years upwards.

4. There is sufficient technical documentation, standards and testing procedures conform with the respective technical regulation.

Article 15. The order and procedures of conformity assessment organization


1. conformity assessment organizations wishing to participate in the activity of testing, inspection, testing, quality certification for products, commodity group 2 in specific areas to establish 1 record registration and send on Service Science and Technology-Ministry of industry and trade.

2. in case of filing by post, the certification organization must submit a certified copy of the documents specified in point b and point h paragraph 3 of this article.

3. Registration documents include: a) the specified registration certificate of conformity assessment in accordance with form 1 Appendix III of this circular;

b) a copy of the certificate of registration of the active field testing, inspection, certification, accreditation;

c) test list, assessor, accreditation, evaluation experts meet the requirements stipulated in paragraph 3 article 11; Article 12; Article 13; Article 14, in accordance with the model 2 annex III of this circular;

d) directory of technical documentation, standards and test procedures, inspections, testing, certificates corresponding to the products, commodity group 2 registration specified in accordance with annex III of the model 3 of this circular;

e) test results Form, inspection certificate, inspection certificate, certificate;

g) recognized competence certification testing, inspection, testing, certification by the recognized organization level (if any);

h) results of test operation, inspection, testing, certification has been made in the field of registration of one year (if any).

4. Receiving and processing the registration profile is as follows: a) within a period not to exceed twenty (20) working days from the receipt of a valid, full profile, Industry progress review, established the Council reviews the actual capacity of the Organization and registration decisions specify the Organization reviews the suit prescribed in model 4 Appendix III of this circular. The time limit for the validity of the decision to appoint not more than 3 years.

b) cases declined the appointment, Industry will inform in writing the reasons for refusing to register the Organization reviews the fit.

c) Three (3) months prior to the decision to designate conformity assessment organization expired, if there is demand, the Organization reviews the suitability to perform the procedure of registration as specified in paragraph 1 of this article.

d) conformity assessment organization is Industry specify active implementation testing, forensic auditing, when in need of change, additional scope, field was appointed to make a new registration procedure as defined in paragraph 1 of this article.

Chapter III QUALITY CONTROL of products, COMMODITIES GROUP 2 article 16. Regulations on quality control of products, goods 1. Product quality inspection, commodity inspection agency group 2 product quality, the goods of the Ministry of industry and trade.

2. The long, steady quality control for products, goods were certified conformity, conformity certified, publication has applied advanced management systems according to international standards, regional standards must have the consent of the Ministry of industry and trade.

3. the application for exemption, reduction of quality control for products, goods were certified conformity, conformity certified, publication has applied advanced management systems according to international standards, regional standards posted on the science and Technology-Industry includes: a free form) , decrease;

b) business registration certificate (notarized or certified);

c) imports of goods contract (notarized);

d) certificate of conformity, conformity certified, announced the application of advanced management systems according to international standards, regional standards of foreign organizations, included Vietnamese translation (notarized);

e) some other related documents (if any).

Article 17. Check the base 1. The respective technical regulation, regulations on labeling of goods and the rules of law relating to the requirements regarding quality, safety, hygiene, human health, environmental corresponds to each product type goods.

2. When the product, commodity group 2 not have respective technical regulation, the test base is the standard (TCVN, TCCS or apply foreign standards) or other technical rules are being applied to announced the match until the technical regulation for products, goods that are issued.

Article 18. The method of quality control of products, commodities Group 2 in the production, export, circulation on the market and in the process of use 1. Check under the annual plan was the State Agency has the authority to approve a) pursuant to the annual plan: building-products, export goods does not guarantee the quality in comparison with the conditions stipulated in article 3, article 5, article 6, article 7 of this circular;

-Information about the quality of products, commodities do not guarantee the quality in the production, export, circulation on the market and in the process used;

-Warning information in the country, outside the country, the region, the international quality products, goods.

b) test plan content must have the following:-the object of products, commodities inspection;

-The area checked;

-Check time;

-Funding organizations make check;

-Implementation.

2. unscheduled inspections of quality products, goods pursuant to irregular checks required by the relevant authorities and asked about their superior product quality, manufacturing goods, trading as follows: a) at the request of the Agency inspection and quality management agency;

b) complaints, accusations about the quality of products, commodities;

c) information on the means of mass communication about product, quality does not guarantee the goods;

d) warning information within the country, foreign, international, area on the quality of the goods.

3. Immediately after the test results, the Agency examined the product, goods must publish the test results page on the Agency's electronic information and for product units, goods are checked.

Article 19. To test the sample used in the quality control of products, commodities Group 2 1. The form of the goods be taken randomly in the production units or randomly on the market for testing in conformity assessment organization is Industry.

2. The order of testing sampling procedure shall be as follows: a) the base test method standards or conformity assessment procedures for products, merchandise, the Agency examined samples of products, cargo;

b) product samples, goods taken must be sealed, signed by the person taking the sample, representative of the sampled establishments;

c) Created a product sample, the goods prescribed in Form 14 Appendix V to this circular.

The case represented a sampled establishments do not sign the minutes signed by the sampling and inspection group chiefs still have legal value;

d) product samples, merchandise must be sent to the Organization reviews the suitability are specified for the test.

The audit results, the test of conformity assessment organizations that is specified is grounds for the Agency to check further processing in the screening process.

Article 20. The sequences, procedures and content checking product quality, commodity group 2 in producing The quality control of goods and products group 2 in production by the Agency to check the quality of products, commodities Group 2 made in the form of the test Group in sequence, procedure and the following content : 1. check Holdings announced the decision to test. The decision to test is prescribed in the form of 5 annex IV.

2. Conduct the test according to the following:


a) check the implementation of the requirements prescribed in the respective technical regulation related to the conditions of the production process and quality management measures in the production process;

b) test results of conformity assessment, conformity marks, labels and accompanying documents should check the product;

c) check inspection results, testing;

d) check the contents and expressing information warning about potentially unsafe products, goods;

e sample test, test) according to the respective technical regulation when necessary.

3. Set the minutes test as specified in annex IV, Model 6. Minutes of finishing checks must be signed by a representative basis are tested, the test group. The case represented the basis of checking does not sign the minutes signed by head of the delegation and the members check test still has legal value.

4. Group test report test results and make recommendations to the Agency. Report test results as specified in Form 7 Annex IV of this circular.

Article 21. The sequences, procedures and content quality testing of commodities imported 2 Group The goods quality control group 2 imported by the Agency to check the quality of products, commodities Group 2 proceed in sequence, procedure and the content of the following: 1. check the agency receiving the registration profile to check the quality of the imported form 10 Annex V circular include: a) A "registered check the quality of imported goods" as defined in annex 9 V Form attached herewith;

b) copy of the following documents: contract of imported goods (Contract), the list of goods accompanied (Packing list);

c) A or the copy quality certificate (certificate available);

d) other technical documents related: copy (certified by the import) of lading (Bill of Lading); Bill (Invoice); import goods declaration; certificate of origin (if any) (C/O-Certificate of Origin); a picture or a description of the goods; Imports label template associated conformity marks and labels (main label if not yet enough content as a rule).

2. After three (3) days from receiving the registration profile to check the quality of the import inspection agency conduct, consider the validity and completeness of registration records check.

3. check out the Agency informs the importing enough goods, product regulation procedures for goods imported to organizations, individuals adopted interim procedures. The import is not allowed to take goods out of circulation on the market if not check the quality of imported goods under the provisions of this circular. Notification procedure enough goods form 11 appendix V to this circular.

4. Conduct the test according to the contents: a) the Agency conducted inspections to check the suitability of the content of quality certification of imports compared with the normative requirements in technical standards applied and the results of conformity assessment, conformity marks, goods label and the accompanying document products need to check the goods;

b) test according to published criteria applied, corresponding technical regulation.

5. Set the minutes check form 6 Annex IV of this circular.

6. The case of the test results meet the requirements outlined in the base test, check to notice level of results quality control of imported goods as model 12 Annex V to this circular, with the confirmation of the shipment contents suitable regulation on import to import people to do pursuant to the completion of customs clearance.

  The case of the test results do not meet the requirements stated in the base test, the test result message level quality control of imported goods, with the contents of the shipment does not match the import regulations for the import, and send reports on Industry according to the form 13 Appendix V to this circular.

Article 22. The sequence, procedure and quality control of content of goods export Group 2 The quality control of exported goods applicable under the provisions of article 10 of decree 127/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on product quality , goods.

Article 23. The sequences, procedures and content of the goods quality control group 2 circulation on the market to check the quality of products, goods traffic on market 2 groups perform in the form of the test Group. The sequences, procedures and content quality testing of commodities in circulation on the market that fit the business processes to check, control and handling of administrative violations of market management forces specified in circular No. 26/2009/TT-BCT on Aug 26th 2009 by Industry business processes rules check , control and handling of administrative violations of market management forces.

Article 24. The sequences, procedures and content of the goods quality control group 2 in the process of using The product quality control, goods group 2 in the process using the following sequence of procedures and the content of the following: 1. check the Agency announced the decision to check the form 5 annex IV of this circular.

2. Conduct the test according to the following: a) check the implementation of the requirements prescribed in the respective technical regulation related to the conditions of use and process state management measures of the quality of the process used;

In case of need, the Agency may use specialist, conformity assessment organizations appointed to conduct the reviews according to the requirements of private technical regulation ơng.

b) examined the implementation of the auditing requirements, audit results and documents user guide accompanied the goods should be checked;

c) where it deems the two aforementioned content is not made in full, there are no signs of quality assurance inspection agency, consider testing for products, goods that by conformity assessment organization are specified;

3. Set the minutes check the form prescribed in form 6 in annex IV of this circular. Minutes of finishing checks must be signed by a representative basis is checked, check the agency representative. The case represented the basis of checking does not sign the minutes signed by the test agency representatives still have legal value.

4. The agency test report the test results according to the rules.

Chapter IV IMPLEMENTATION article 25. The responsibility of the governing body of the Ministry of industry and trade of 1. Science and Technology-Industry made the following duties: a) General staff help implement state management functionality on product quality, commodity group 2;

b) counsels to Industry specified conformity assessment organization conducted the testing, inspection, testing, quality certification of products, commodities Group 2. Testing, monitoring of conformity assessment organization has been assigned;

c) coordinated with relevant agencies in the management of product quality, commodity group 2;

d) plan for the annual inspection of product quality, commodity group 2 in production, export;

e) summing the results of product quality inspection, commodity group 2 and report the Industry leader;

g) responsible urge, guide, examine the implementation of this circular.

2. market management Department is responsible for organizing and directing the market management Bureau the central cities, check, control and handling of violations of regulations on product quality, the goods in Group 2 circulation on the market under the provisions of the law.

3. The Bureau of safety and environmental engineering industry hosted, in cooperation with the relevant bodies to check quality, commodity product group 2 during use.

Article 26. The responsibility of the Department of industry and trade


The Department of industry and commerce is responsible for receiving a sign announced the conformity and in coordination with the Department of science and technology to examine the implementation of the provisions on product quality management, group 2 goods for local businesses to manage.

Article 27. The responsibility of the Organization reviews the fit specified 1. Implementation of rights and obligations under the provisions of the law on product quality, the goods and the provisions of relevant laws.

For the specified test organization, during the validity of the decision, must participate in proficiency testing program, compared the Union once.

2. Every year, irregularly when required, report the results of conformity assessment activities were specified according to the model 16 Annex VI of this circular for the specified focal agency held reviews of conformity to General.

3. Inform the decision-making authority specify on all changes have affected the operational capability of testing, inspection, testing, certification of registration within a period of ten years on (15) days from the date of the change.

Article 28. The responsibility of the individual in the Organization to ensure the quality of products, goods group 2 1. To publicize the conformity for products, goods in Group 2 as defined in article 8 of this circular.

2. In the process of production, circulation, commodity products group 2, does not guarantee the condition of the production line with the contents published or discovered products no longer fit the technical regulation; the Organization, the individual production, imports must promptly report to the Ministry of industry and trade, at the same time conducting the following measures: a) pause the factory, warehouse and production proceed to revoke inappropriate products are circulating on the market;

b) taking measures to correct the mismatch.

3. After having overcome the inconsistent, organization, individual manufacturing, importing products, goods group 2 must report the Industry before continue to take the product, goods out of circulation.

4. after proper disclosure rules, organization, individual manufacturing, importing products, goods 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.

5. Make sure the control is the product produced by the system of notation, the code indicated on the product label.

6. organizations and individuals responsible for keeping records announced the accord as the basis for the inspection, the Inspector of the State administration.

7. organizations and individuals must take back the publication of conformity products, commodity group 2 when there are any changes in content than a proper disclosure rules announced earlier.

Article 29. Situation report, results of product quality inspection, commodity inspection agency group 2 products, commodities Group 2 is responsible for the situation and report aggregate test results quarterly, 6 months (before 15 July), annually (before July 20, 1 year later) or extraordinarily upon request. The content report form 7 Appendix IV and Appendix VI 15 samples of general situation reports to check the quality of imported goods attached to this circular posted on the Ministry of industry and trade.

Chapter V article 30 ENFORCEMENT TERMS. Effective enforcement of this circular effect since Feb. 15, 2012.

Article 31. Responsibility 1. The Agency examined the quality of products, commodities Group 2; the Organization, the individual concerned is responsible for the implementation of this circular.

2. in case of the standard, legal texts are cited in this circular are modified, supplemented or replaced, then follow the new text.

3. in the implementation process, if there are difficulties and obstacles, suggest the Agency, organization, timely personal reflections on Service Science and Technology-Ministry of industry and Trade Ministry report proposed revised guidelines, additional./.