DECISION

ON APPLICATION OF QUALITY MANAGEMENT SYSTEMS COMPLIANT WITH TCVN ISO 9001:2000 STANDARD TO THE OPERATION OF STATE ADMINISTRATIVE AGENCIES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

At the proposal of the Minister of Science and Technology,

DECIDES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decision provides for the application of quality management systems compliant with TCVN ISO 9001 :2000 standard to state administrative agencies, covering the establishment, implementation, assessment and certification of quality management systems in state administrative agencies.

Article 2.- Subjects of application

1. This Decision applies to the following state administrative agencies:

a/ Ministries, and ministerial-level and government­attached agencies (other than agencies specified in Clause 2 of this Article);

b/ People's Committees of provinces and centrally­run cities and People's Committees of districts, towns and provincial cities;

c/ Specialized agencies of provincial/municipal People's Committees.

2. State administrative agencies operating in defense and security domains may apply this quality management system to serve their operation under the guidance of their managing agencies.

3. To encourage People's Committees of communes, wards and townships, non-business agencies in direct service of the state management,

and other non-business units of the State (institutes, schools, hospitals...) to establish and apply quality management systems under this Decision.

Article 3.- Objectives of the application of quality management systems compliant with TCVN ISO 9001:2000 standard

Quality management systems compliant with TCVN ISO 9001 :2000 standard (hereinafter referred to as quality management systems) shall be implemented through formulation and application of a system of rational work-handling processes according to the provisions of law, aiming to help heads of state administrative agencies control their offices' work­handling process to gradually improve the quality and efficiency of their public service management and provision.

Article 4.- Implementation duration

In the 2006-2010 period, state management agencies defined in Clause 1, Article 2 of this Decision shall have to complete the application of quality management systems.

Chapter II

CONTENTS OF THE QUALITY MANAGEMENT SYSTEM APPLICATION

Article 5.- Steps for the quality management system application

Application of a quality management system shall be carried out in four major steps as follows:

Step 1: Establishment of quality management systems

On the basis of TCVN ISO 9001 :2000 standard and guiding documents of the Ministry of Science and Technology, state administrative agencies shall establish a system of documents, materials and appropriate work-handling processes to perform their assigned functions and tasks.

Step 2: Implementation of the established quality management system

The system of documents, materials and processes defined in Step 1 shall be applied to the agency's operation after it is completed and approved by the agency leadership.

This system of documents and processes shall be reviewed and supplemented regularly through actual practice and internal assessment results to fit the agency's operation.

Step 3: Assessment and certification of quality management systems

a/ After having efficiently applied the system of documents, the agency leadership may request a certification organization to assess and certify the quality management system's compliance with TCVN ISO 9001 :2000 standard.

The maintenance and improvement of quality management systems shall be a regular work of state administrative agencies after they have established, implemented and received the certificate of the quality management system. This activity aims to ensure regular review, supplementation, adjustment and improvement of the quality management system in Assessment activities of and operation conditions for certification organizations assessing administrative agencies' quality management systems are stipulated in Article 7 of this Decision;

b/ After completing the assessment, the certification organization shall send the assessment dossier to the Certificate Issuance Agency (stipulated in Article 8 of this Decision) for consideration and issuance of a quality management system certificate.

Step 4: Maintenance and improvement of the quality management system accordance with the administrative reform process.

Article 6.- Consultancy activities and conditions for operation of consultancy organizations and consultants

1. Consultancy activities are consultancy organizations' or independent consultants' activities of guiding and assisting state administrative agencies in establishing and implementing quality management systems.

2. Operation conditions and requirements for consultancy organizations

Consultancy organizations are allowed to provide consultancy when they meet all the following conditions:

a/ Being legally-established enterprises, scientific and technological organizations or other organizations professionally capable and experienced in consultancy on establishment of quality management systems;

b/ Having applied a quality management system compliant with TCVN ISO 9001 :2000 standard;

c/ Having at least 2 qualified consultants as prescribed in Clause 3 of this Article;

d/ Having registered for consultancy activities with the Ministry of Science and Technology and been granted a registration certificate.

3. Operation conditions and requirements for consultants

Consultants are allowed to provide consultancy independently when they meet all the following conditions:

a/ Being university graduates;

b/ Having been trained in quality management systems;

c/ Having been trained in and granted a certificate of state administrative management;

d/ Having good ethics and full civil act capacity;

e/ Having registered for consultancy activities with the Ministry of Science and Technology and been granted a registration certificate.

Article 7.- Assessment, issuance of certificates, maintenance and monitoring of quality management systems.

1. Assessment activities

Activities of assessment of state administrative agencies' quality management systems shall be carried out by certification organizations, aiming to systematically and objectively examine and analyze the applied quality management systems to identify its level of compliance with requirements defined in TCVN ISO 9001 :2000 standard.

2. Activities of certification, maintenance of quality management systems and post-certification monitoring

a/ The issuance and withdrawal of quality management system certificates to/from state administrative agencies shall be conducted by the Certificate Issuance Agency (defined in Article .8 of this Decision) on the basis of considering assessment results or post-certification monitoring results of certification organizations.

At request, certification organizations shall assess the quality management systems in state administrative agencies within one month. After completing the assessment, certification organizations shall have to send assessment reports together with related dossiers to the Certificate Issuance Agency for consideration. State administrative agencies shall be granted a certificate if they are qualified.

b/ After receiving the quality management system certificate, state administrative agencies shall have to implement, maintain and improve quality management systems and be subject to annual monitoring assessment;

c/ Certification organizations shall conduct post­certification monitoring assessment and send monitoring reports to the Certificate Issuance Agency.

3. Requirements for certification organizations Certification organizations are independent organizations capable of assessing and certifying state administrative agencies' quality management systems compliant with TCVN ISO 9001 :2000 standard.

Certification organizations shall have to meet the following requirements:

a/ Having the legal person status;

b/ Operating in quality management system certification and being legally established;

c/ Having a certificate of compliance with TCVN 5956: 1995 standard or equivalent granted by a lawful Vietnamese accreditation organization or an accreditation organization being members of IAF (International Accreditation Forum);

d/ Having at least 2 appraisers who possess a university degree or higher, have been trained in and granted certificates of quality management system assessment and administrative management; and have good ethics and full civil act capacity;

e/ Having registered for certification activities with the Ministry of Science and Technology and been granted a registration certificate.

Article 8.- Competence to grant and withdraw certificates

The General Department of Standardization, Metrology and Quality Control of the Ministry of Science and Technology shall grant and withdraw certificates of quality management systems compliant with TCVN ISO 9001 :2000 standard on the basis of considering and appraising assessment results or post-certification monitoring results of certification organizations.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 9.- Implementation expenses

State administrative agencies shall estimate expenses for these activities. Expenses for these activities shall be incorporated in the annual budget estimates of ministries, branches and localities.

Article 10.- Tasks of ministries, ministerial-level agencies, government-attached agencies, and provincial/municipal People's Committees:

1. In the third quarter of 2006, to identify and draw up a list of member agencies and units planned for establishment and application of quality management systems in the 2006-2010 period.

To organize the application of quality management systems in member agencies and units with implementation priority given to agencies and units which directly deal with many organizations and individuals; to draw experience from such application for application to other units; to promptly commend and reward organizations and individuals that have recorded many achievements in applying quality management systems according to emulation and commendation regulations.

2. To biannually and annually report to the Prime Minister on the status and results of quality management systems application.

Article 11.- Tasks of the Ministry of Finance

To assume prime responsibility for, and coordinate with the Ministry of Science and Technology in, developing and providing specific guidance on the financial spending regime for the establishment, implementation, assessment, certification, maintenance and monitoring of quality management systems.

Article 12.- Tasks of the Ministry of Science and Technology

1. To compile and disseminate manuals on the establishment and implementation of quality management systems; and organize training for quality management system consultants and appraisers.

2. To urge and guide the establishment and implementation of quality management systems in ministries, branches and localities; biannually and annually report to the Prime Minister on the situation of establishment and implementation of quality management systems in state administrative agencies while proposing commendation and reward of agencies, organizations and individuals having recorded outstanding achievements in this activity according to emulation and commendation regulations; and propose necessary policies and measures to the Prime Minister for consideration and decision.

3. To specify procedures for issuance and withdrawal of quality management system certificates, and issuance of operation registration certificates to certification organizations, consultants and accreditation organizations.

To organize the issuance of operation registration certificates; monitor consultancy and accreditation organizations' operations; and publicize the list of organizations having acquired registration certificates for state administrative agencies to select.

4. To assume prime responsibility for, and coordinate with the Government Office and the Ministry of Home Affairs in, establishing an inter-ministerial council to regularly examine and assess the quality management system application in state administrative agencies.

Article 13.- Tasks of the Ministry of Culture and Information

To assume prime responsibility for, and coordinate with the Ministry of Science and Technology and concerned agencies in, organizing propaganda about the application of quality management systems in the mass media.

Article 14.- Tasks of the Ministry of Home Affairs

1. To devise plans and programs and organize training courses on administrative management for consultants and appraisers under this Decision.

2. To coordinate with the Ministry of Planning and Investment and the Ministry of Finance in mobilizing international resources for implementation of this Decision.

Article 15.- Tasks of the Government Office

To assist the Prime Minister in inspecting the implementation of this Decision.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16.- This Decision takes effect 15 days after its publication in "CONG BAO".

Within 12 months from the date this Decision takes effect, state administrative agencies having had quality management system certificates shall have to convert such certificates under the guidance of the Ministry of Science and Technology.

Article 17.- Ministers, heads of ministerial-level and government-attached agencies, and presidents of provincial/municipal People's Committees shall have to implement this Decision.