What are the conditions for ensuring the quality of goods circulated on the market in Vietnam?
- What are the conditions for ensuring the quality of goods circulated on the market in Vietnam?
- What are the contents of examination of quality of product and goods circulated on the market?
- What is the order and procedures for examination of the quality of goods circulated on the market?
- What to do when the goods sample-testing results do not conform to announced applicable standards or relevant technical regulations?
What are the conditions for ensuring the quality of goods circulated on the market in Vietnam?
Pursuant to the provisions of Article 38 of the 2007 Law on Product and Goods Quality in Vietnam, sellers of goods circulated on the market must meet the following requirements on management of goods quality:
- To observe relevant technical regulations in the process of circulation of goods or apply by themselves quality control measures in order to maintain the quality of goods they sell.
- To submit to goods quality examination according to contents specified in Clause 2 Article 27 of the 2007 Law on Product and Goods Quality in Vietnam; the order and procedures specified in Article 39 of the 2007 Law on Product and Goods Quality in Vietnam; and the handling of violations of law specified in Article 40 of the 2007 Law on Product and Goods Quality in Vietnam.
What are the conditions for ensuring the quality of goods circulated on the market in Vietnam?
What are the contents of examination of quality of product and goods circulated on the market?
Pursuant to the provisions of Article 27 of the 2007 Law on Product and Goods Quality in Vietnam stipulating as follows:
Examination of product and goods quality
1. Examination of product quality in production covers the following contents:
a/ Examining the application of requirements under technical regulations related to conditions of production processes and measures for state control of production quality;
b/ Examining conformity evaluation results, goods labels, standard - or regulation-conformity stamps and documents accompanying products subject to examination:
c/ Testing samples according to announced applicable standards or relevant technical regulations, when necessary.
2. Examination of goods quality in import or circulation on the market covers the following contents:
a/ Examining conformity evaluation results, goods labels, standard - or regulation-conformity stamps and documents accompanying products or goods subject to examination;
b/ Testing samples according to announced applicable standards or relevant technical regulations when necessary.
3. Examination of product and goods quality is conducted by product and goods quality examination agencies specified in Article 45 of this Law.
4. The exemption or reduction of examination of the quality of products and goods for which standard- or regulation-conformity has been certified or announced or to which advanced control systems have been applied according to international or regional standards and certified comply with regulations of line ministries.
According to the above regulations, examination of goods quality in import or circulation on the market covers the following contents:
- Examining conformity evaluation results, goods labels, standard - or regulation-conformity stamps and documents accompanying products or goods subject to examination;
- Testing samples according to announced applicable standards or relevant technical regulations when necessary.
What is the order and procedures for examination of the quality of goods circulated on the market?
Pursuant to Article 39 of the 2007 Law on Product and Goods Quality in Vietnam stipulating the order and procedures for examination of the quality of goods circulated on the market as follows:
An inspection team shall conduct examination according to the following order and procedures:
- Producing the examination decision before examination;
- Conducting examination according to the contents specified in Clause 2, Article 27 of the 2007 Law on Product and Goods Quality in Vietnam;
- Making an examination record;
- Notifying examination results to the seller and reporting thereon to product and goods quality examination agency;
- Handling violations according to Article 40 of the 2007 Law on Product and Goods Quality in Vietnam.
A quality controller shall conduct independent examination according to the following order and procedures:
- Producing the controllers card before examination:
- Conducting examination according to the contents specified in Clause 2, Article 27 of the 2007 Law on Product and Goods Quality in Vietnam;
- Making an examination record;
- Notifying examination results to the seller and reporting thereon to product and goods quality examination agency;
- Handling violations under the provisions of Article 40 of the 2007 Law on Product and Goods Quality in Vietnam.
What to do when the goods sample-testing results do not conform to announced applicable standards or relevant technical regulations?
If the goods sample-testing results do not conform to announced applicable standards or relevant technical regulations, according to Clause 2, Article 40 of the 2007 Law on Product and Goods Quality in Vietnam, depending on the nature and severity of violations, examination teams or quality controllers shall apply the following handling measures:
- Sealing the goods, not permitting the sellers to continue selling the goods and, within 24 hours, reporting to product and goods quality examination agencies for handling according to their competence;
- Requesting sellers to contact producers or importers in order to take remedies or repair the goods;
- If sellers continue violations or the goods which are unconformable to announced applicable standards or relevant regulations threaten the safety of humans, animals, plants, assets or the environment, product and goods quality examination agencies shall announce on the mass media the names and addresses of business organizations or individuals, appellations of the goods, and extent of their unconformity with the set regulations or standards;
- If sellers continue violations despite the public announcement, product and goods quality examination agencies shall propose competent state agencies to handle violations in accordance with law.
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