Pháp lệnh Chất lượng hàng hóa năm 1990 do Hội đồng Nhà nước ban hành

ORDINANCE

ON THE QUALITY OF GOODS

In order to improve State management, guarantee and improve the quality of goods, accelerate business development, make proper use of natural resources including manpower, guarantee the safety and hygiene of the people, protect the environment and the rights and interest of consumers, expand commerce and enhance international co-operation This Ordinance makes regulations on the control of the quality of goods.

Chapter I

GENERAL PROVISIONS

Article 1

The State of the Socialist Republic of Vietnam shall implement a uniform system of quality control of goods, based upon the standards required by the laws of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a party.

Article 2

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The State encourages and shall create favorable conditions for organizations and individuals in order to guarantee and improve the quality of goods and to protect the rights and interests of consumers.

Organizations and individuals engaged in business shall be responsible for the quality of the goods

Article 3

The Council of Ministers shall implement a uniform system based on national standards for controlling the quality of goods throughout the country.

The system of control of the quality of goods implemented by the State shall consist of the following:

1. The formulating of plans and the establishment of regulations to control the quality of goods.

2. The organization and management of the activities of State managing authorities which are responsible for the control of the quality of goods.

3. The publication of Vietnamese standards which define the application of both Vietnamese standards and international standards in relation to the quality of goods.

4. The grant and registration of licenses to certify the quality of goods, the system for ensuring that the quality complies with Vietnamese standards and recognition of the quality control testing laboratories.

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Article 4

It is the responsibility of the people's councils, the people's committees at all levels, and all other State authorities and social organizations, to control, supervise and create favorable conditions for the improvement of the quality of goods.

Every organization or individual shall be entitled to complain about and report any breaches of the law on the quality of goods and to recommend measures relating to the proper management of the quality of goods to the people's councils, the people's committees at all levels, the State authority controlling the quality of goods or any other competent body. These bodies shall, in accordance with their respective levels of competence and and resolve the complaints and study the recommendation received, in accordance with the law.

Article 5

The production and sale of any imitation goods or goods which are falsely alleged to be of a certain quality is strictly prohibited.

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.

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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

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:

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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.

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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,

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 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

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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

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Based upon the requirements of quality control at the time, the State Committee for Science shall periodically determine 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.

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Organizations which, 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 respect 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 right 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

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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

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

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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 business 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 body.

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.

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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, overcome or stop breaches of those laws.

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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

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 concerned 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.

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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 State 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.

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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 registered 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 accordance 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.

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