Thông tư 02/2017/TT-BKHCN sửa quy định về công bố hợp chuẩn, công bố hợp quy

THE MINISTRY OF SCIENE AND TECHNOLOGY 

Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Ministry of Science and Technology on amending a number of Articles of the Circular No. 28/2012/TT-BKHCN dated November 12, 2012 of the Ministry of Science and Technology on declaration of standard conformity and technical-regulation conformity and methods for conformity assessment

Pursuant to Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to Law on quality of products and goods dated November 21, 2007;

Pursuant to the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007 on providing guidelines for certain articles of Law on Standards and Technical Regulations;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated November 31, 2008 on providing guidelines for certain articles of Law on quality of products and goods;

Pursuant to the Government’s Decree No. 20/2013/ND-CP dated February 26, 2013 on functions, duties, powers and organizational structure of the Ministry of Science and Technology

At the request of the Director of the Directorate for Standards, Metrology and Quality and Director of Department of Department of Legislation;

The Minister of Science and Technology promulgates the Circular on amending a number of Articles of the Circular No. 28/2012/TT-BKHCN dated November 12, 2012 of the Ministry of Science and Technology on declaration of standard conformity and technical-regulation conformity and methods for conformity assessment

Article 1.  To amend a number of articles of the Circular No. 28/2012/TT-BKHCN dated November 12, 2012 of the Minister of Science and Technology on declaration of standard conformity and technical-regulation conformity and methods for conformity assessment. To be specific:

1. To amend Clauses 3 and 5 of Article 3 and to add Clause 6 of Article 3 as follows:

“3. “Registered certifying organization” means an organization that has already registered its certification activities in accordance with regulations of the Government’s Decree No. 107/2016/ND-CP

5. “Testing organization” means an organization that has already registered its testing activities in accordance with regulations of the Government’s Decree No. 107/2016/ND-CP.

6. “Receiving authority” means a specialized authority that is appointed by the supervisory Ministry or the People’s Committee of the province to receive applications for registration of the declaration of conformity”.”

2. To amend Article 12 as follows:

“Article 12. Principles of declaration of technical-regulation conformity

1. Declaration of technical-regulation conformity are used for products, goods, services, processes, environment specified in the national technical regulations promulgated by supervisory Ministries or specified in the local technical regulations promulgated by People’s Committees of provinces. Declaration of technical-regulation conformity is compulsory.

2. Supervisory Ministries shall determine products and goods included in group 2, introduce respective national technical regulations and management measures for announcing the technical-regulation conformity prescribed in national technical regulations after reaching agreement with the Ministry of Science and Technology.

3. Declaration of technical-regulation conformity of imports prescribed in this Circular means the importer implementing regulations on state inspection in term of quality of imports.

4. The declaration of technical-regulation conformity shall be made according to:

a) Results of self-assessment of conformity made by an applicant (hereinafter referred to as “results of self-assessment");

b) Results of certification given by a certifying organization registered or recognized in accordance with regulations of law.

c) Results of certification given by an appointed certifying organization

Testing for declaration of technical-regulation conformity shall be carried out by a testing organization that has registered or has been recognized in accordance with regulations of law.

If results of conformity assessment given by a foreign conformity-assessing organization are used, this foreign organization shall be recognized in accordance with regulations of law or appointed by a competent authority.

5. If a product is regulated by different technical regulations, the applicant shall submit the declaration of conformity to respective receiving authorities. A technical-regulation conformity marking is only used if this product is gone through adequate management measures prescribed in respective technical regulations".

3. To amend Article 13 as follows:

“Article 13. Procedures for declaration of technical-regulation conformity

1. Regarding declaration of technical-regulation conformity made according to results of self-assessment

a) Regarding domestic products and goods;

- The manufacturer shall submit an application for registration of declaration of conformity as prescribed in Article 14 of this Circular to a receiving authority for declaration of technical-regulation conformity according to results of self-assessment ;

- After the application is submitted to the receiving authority, the manufacturer is allowed to sell goods.

b) Regarding imports:

- The importer shall make an application for inspection of quality of imports containing the following information: name, address, phone number and fax of the importer; names, trademarks and types, technical characteristics, origins, producers, volume and quantity of imports; border checkpoint of import; time of import; contract; packing list; invoice; B/L; declaration of imports; number of the technical regulations applied; a statement that the quality of imports is conformable with applied standards and technical regulations and the importer shall take legal responsibility for quality of imports;

Within 1 working day, the receiving authority shall certify that the importer has submitted the application for inspection of quality of imports and specify this content in the application form;

- The importer shall submit the application form certified by the receiving authority to the customs authority for custom clearance;

- Within 15 working days from the date of custom clearance, the importer shall submit results of self-assessment prescribed in Point b, Clause 1 Article 14 of this Circular to the receiving authority.

The importer shall take responsibility for the results of self-assessment and ensure the conformity of imports with applied standards and technical regulations. If the imports are not conformable with applied standards and technical regulations, the importer shall promptly submit a report to the receiving authority and concurrently treat and recover these imports in accordance with regulations of law.

2. Regarding declaration of technical-regulation conformity made according to results of assessment given by a registered or recognized certifying organization (hereinafter referred to as “certifying organization”)

a) Regarding domestic products and goods;

- The manufacturer shall submit an application for registration of declaration of conformity prescribed in Article 14 of this Circular to the receiving authority for declaration of technical-regulation conformity according to results of assessment given by certifying organizations;
- After the receiving authority issues a notification of receipt of the application, the manufacturer is allowed to sell the goods.

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