CHAPTER II:

Authorities Controlling the Quality of Goods

• Article 6

  The management bodies responsible for controlling the quality of goods include the State management bodies, branches and basic units.

• Article 7

  The authorities controlling the quality of goods shall consist of the following:

  • 1. The General Department of Standards Weights Measures and Quality under the State Committee for Science.

  • 2. Regional Centers of Standards Weights Measures and Quality .

  • 3. Offices of Standards Weights Measures and Quality of provinces, cities under central authority and equivalent levels.

  In certain areas of production, the Chairman of the Council of Ministers shall assign to other authorities under the Council of Ministers the exercise of State control over the quality of goods.

• Article 8

  The State authority controlling the quality of goods, shall in order to meet the standards required for the quality control of goods, establish and guide branches and local units.

• Article 9

  The State authority controlling the quality of goods shall be responsible for the following:

  • 1. The development and submission to authorized State authorities for their consideration and approval of projects and plans required to achieve uniform application of standards in relation to goods; undertaking to draft the law on the standards of qualit y of goods; publish, within its competence, regulations on the standards of quality of goods; organize projects and plans for and supervise the implementation of the regulations on the standards of quality of goods.

  • 2. Organize and prepare the manner and form in which Vietnam's standards are to be documented, participate in the formulation of international standards and where appropriate, recommend that standards be adopted.

  • 3. Register and issue licenses certifying the quality of goods.

  • 4. Certify the quality of goods, the systems which will ensure that the quality of goods produced meets Vietnamese standards and laboratories testing quality control.

  • 5. Control the quality of exported and imported goods.

  • 6. Exercise the function of State inspection of the quality of goods and within the limits of its authority, deal with breaches of the laws on quality.

  • 7. The provision of organizational and professional guidance to the branches and units of the quality control authorities.

  • 8. The carrying out of scientific and technical research into the standardization of the quality of goods.

  • 9. The dissemination of information on the standard and quality of goods required.

  • 10. The provision of training courses and refresher courses on the standards of quality of goods.

  • 11. The establishment of international co-operation and agreements in relation to the standards of quality of goods.

  The Council of Ministers shall determine if and to whom the duties and powers of the State authorities responsible for the quality of goods shall be delegated.

CHAPTER III:

Proclamation and Application of Standards

• Article 10

  The standards shall be in the form of documents which contain the various specifications, standards, technical requirements, testing procedures packaging requirements, trade mark details and information in relation to printing, transport, and storage of g oods and all other relevant information.

• Article 11

  Vietnamese standards are State standards based on successful research into the application of scientific and technical achievements, international standards, general experience and the social and economic conditions of Vietnam.

  Vietnamese standard shall be proclaimed by the Chairman of the State Committee for Science on the recommendation of the Director General of the General Department of Standards Weights Measures and Quality . The Chairman of the Council of Ministers may, on the recommendation of the Chairman of the State Committee for Science, delegate to the head of a different authority under the Council of Ministers the power to proclaim standards in relation to certain types of goods.

• Article 12

  The application of some Vietnamese standards shall be compulsory and the application of others shall be voluntary.

  Any State authority or business organization which or individual who is duly authorized may declare that the Vietnamese standards which are otherwise voluntarily applied be compulsorily applied within its or his local units.

• Article 13

  Organizations which and individuals who are engaged in business shall apply the compulsory Vietnamese standards.

  The application of voluntary Vietnamese standards is encouraged by the State.

• Article 14

  Organizations and individuals engaged in business shall in accordance with the laws, declare the standard of quality of their goods and remain wholly responsible for ensuring compliance with these standards.

  Each branch and locality may declare its own branch or local standards which shall be applied to the various establishments within its branch or locality.

  The standards referred to in this article shall not be contrary to any of the compulsory Vietnamese standards and shall be prescribed in accordance with the instructions of the General Department of Standards Weights Measures and Quality .

• Article 15

  Organizations which, and individuals who, produce goods may register the quality of those goods at the State quality control authority. Based upon the requirements of quality control at the time, the State Committee for Science shall periodically determin

  e a list of goods required to be registered in terms of quality control. All organizations which and individuals who produce those particular goods listed shall then register the quality of them accordingly.

  All organizations and individuals shall be wholly responsible for the quality of their goods which have been registered.

CHAPTER IV:

Certificate of Compatibility with Vietnamese Standards

• Article 16

  Organizations which, and individuals who, produce goods which are subject to compulsory Vietnamese standards shall apply for certificates of compatibility with those standards.

  Organizations which, and individuals who, produce goods in respect of which compliance with the Vietnamese standards is voluntary may also request a certificate of compatibility with those standards.

• Article 17

  Organizations which, and individuals who, are engaged in business and have a system to guarantee the quality of their goods shall have the right to request a certificate of compatibility with the Vietnamese standards for their system.

• Article 18

  Organizations which, an individuals who, have established their own laboratories to test the quality of goods may request a certificate of Recognized Testing Laboratory.

  The State Committee for Science shall proclaim the standards required for a Recognized Testing Laboratory.

• Article 19

  The General Department of Standards Weights Measures and Quality is the authority authorized to certify and issue certificates of Compatibility with Vietnamese Standards in respect of goods referred to in article 16; to certify and issue certificates in r espect of the system of ensuring the quality of goods as referred to in article 17; and to certify and issue certificates of Recognized Testing Laboratory, as referred to in article 18 of this Ordinance.

  Where an organization or individual breaches the regulations which govern the certificates, the General Department of Standards Weights Measures and Quality may cancel any certificate previously issued to that organization or individual and withdraw its r ight to use the stamp of Compatibility with Vietnamese Standards.

• Article 20

  The following behavior is prohibited:

  • 1. The production and sale of goods which are subject to the compulsory application of Vietnamese standards without any certificate and stamp of Compatibility with Vietnamese Standards.

  • 2. The marking of goods with the stamp of Compatibility with Vietnamese Standards before the appropriate certificates and stamps have been issued .

  • 3. The offering for sale and advertising of goods with claims that they comply with Vietnamese standards, are produced under a system which ensures the quality of goods or that they have been tested by a Recognized Testing Laboratory, before the appropria te certificates have been issued..

CHAPTER V:

Responsibilities of Organizations and Individuals Engaged in Business and the Rights of Consumers in Relation to the Quality of Goods

• Article 21

  Organizations which, and individuals who, produce goods shall control product quality in order that the goods produced or sold are of the quality registered or otherwise published; provide true and correct information in relation to the quality of goods; ensure that labels on the goods clearly state the contents and the uses of the products; and assume full responsibility for the quality of the goods produced.

• Article 22

  All organizations which, or individuals who, sell goods shall be aware of the origins and quality of the goods sold; provide true and correct information in relation to product quality; advise customers in their selection and maintenance of the goods; and take full responsibility for the quality of products sold to customers.

• Article 23

  Organizations and individuals engaged in business shall publish use by dates and conditions of use and provide guarantees in respect of each specific type of good sold.

• Article 24

  Organizations and individuals engaged in business shall pay registration fees for product quality testing; for certification of a system which ensures that quality complies with Vietnamese standards and for certification of a Recognized Testing Laborator y

  The Council of Ministers shall determine the amount of fees referred to in this article.

• Article 25

  When purchasing goods, consumers have the right to be fully informed in their selection of goods, and to demand that a guarantee be provided; they shall also be entitled to claim compensation from the particular organization or individual engaged in busin ess in the event that they suffer damage caused by faulty goods.

CHAPTER VI:

Quality Control of Exported and Imported Goods

• Article 26

  The State Committee for Science shall periodically, in accordance with the need for quality control at the time, compile a list of exported and imported goods which shall be subject to quality control by the State.

  Organizations which, and individuals who, are engaged in the export or import of goods contained in the above list shall register those goods for product quality control either by a State authority controlling the quality of goods or other authorized bod y.

  The State quality control authority or authorized body shall control the quality of goods in accordance with the regulations made by the Council of Ministers.

• Article 27

  The export or import of any of the goods contained in the list referred to in article 22 of this Ordinance without quality control and certificates having been issued by the State quality control authority or authorized body is strictly prohibited.

  Goods which are certified as complying with Vietnamese standards as referred to in article 16 of this Ordinance may be exempted from further quality control by the State when being exported.

CHAPTER VII:

State Inspection of the Quality of Goods

• Article 28

  The State quality control authority shall be responsible for the inspection of the quality of goods.

  The organization of and activities in relation to the inspection of the quality of goods shall be determined by the Chairman of the Council of Ministers.

• Article 29

  The State inspection of the quality of goods shall include examination of the compliance by an enterprise or individual with the laws regarding the quality of goods and the making of any recommendations in relation to measures to be taken to prevent, over come or stop breaches of those laws.

  The State inspection of the quality of goods shall be conducted by State inspection units or officers of product quality control.

• Article 30

  During the State inspection of the quality of goods, the head of each State quality control inspection unit or officer shall have the powers and duties to :

  • 1. Request that the organizations or individuals concerned provide all documents and explanations necessary for the inspection and to carry out technical control measures at the premises.

  • 2. Collect samples of the goods for the purposes of testing in accordance with the regulations.

  • 3. Request that the General Department of Standards Weights Measures and Quality withdraw any certificate of Compatibility with Vietnamese Standards or Recognized Testing Laboratory, in the event that breaches of regulations relating to the certificate c oncerned are discovered.

  • 4. Suspend all business activities and recommend to the head of the State quality control authority measures to be taken in the event that those activities are likely to result in serious consequences in terms of safety, hygiene, the environment and the economy.

  • 5. Give verbal warnings and impose fines and penalties in accordance with the scope of their authority and recommend to the State authority other measures to be taken and forms of penalty to be imposed.

  • 6. Transfer to criminal investigation authorities all information in relation to any breaches of the laws in the event that any evidence of criminal conduct is discovered.

  The heads of the State quality control inspection units and officers shall be responsible for ensuring that all opinions formed and steps taken during an inspection are in accordance with the law.

• Article 31

  The State quality control body shall carry out an inspection to provide a basis upon which disputes, complaints and allegations in relations to the quality of goods may be considered and resolved.

  The opinions formed in relation to the quality of goods by either the General Director of the General Department of Standards Weights Measures and Quality or by the head of the office authorized by the Chairman of the Council of Ministers in respect of S tate quality control shall be deemed to be of greatest legal significance.

• Article 32

  Organizations or individuals engaged in business may submit official complaints in relation to any conclusion drawn or the manner in which an inspection was carried out in relation to the quality of goods on the premises, to the authority which conducted the inspection or alternatively, to the direct superior State quality control authority.

  Any decisions made by the direct superior State quality control authority in relation to complaints made shall be binding.

CHAPTER VIII:

Rewards and Penalties

• Article 33

  Organizations which, and individuals who, maintain good records in relation to compliance with the regulations relating to the quality of goods or discover breaches of those laws shall be rewarded in accordance with the regulations of the State.

• Article 34

  Organizations which, and individuals who, do not comply with compulsory Vietnamese standards; do not register the quality of their goods in accordance with the law; do not give a guarantee of the quality of their goods in accordance with the standards reg istered or published; breach any regulations concerning their compliance with Vietnamese standards; forge the certificates or stamps of Compatibility with Vietnamese Standards; abuse any of their powers or duties; act in a manner contrary to, or obstruct the implementation of the regulations and laws relating to the quality of goods or breach any other regulation of the State shall, depending on the seriousness of the breach, be subject to administrative penalty, or investigated for criminal liability acc ordance with the law.

CHAPTER IX:

final Provisions

• Article 35

  All previous provisions which are inconsistent with this Ordinance are hereby repealed.

• Article 36

  This Ordinance shall be of full force and effect as of 1 July 1991.

• for the State Council of the
• Socialist Republic of Vietnam
• President

• VO CHI CONG
• (Signed)