Regulations on control of product quality in production in Vietnam

Regulations on control of product quality in production in Vietnam (Internet image)

1. What is product?

According to Clause 1, Article 3 of the Law on Product and Goods Quality 2007, Product means the output of a production or service provision process for a commercial or consumption purpose.

2. Regulations on control of product quality in production in Vietnam

The Control of product quality in production is prescribed in Section 2 Chapter 3 of the Law on Product and Goods Quality 2007 as follows:

2.1. Conditions for ensuring the quality of products in production before they are put on the market in Vietnam

- Producers must abide by requirements on product quality control in production as follows:

= To apply control systems in order to ensure that the quality of their products conform to announced applicable standards or relevant technical regulations;

= To announce applicable standards according to Article 23 of this Law and label goods according to the law on goods labeling;

= To opt for conformity certification and announce standard conformity for group-1 products:

= To comply with technical regulations related to the production process, certification of regulation conformity and announcement of regulation conformity according to relevant technical regulations applicable to group-2 products.

- The assurance of quality of products of small-sized production and business before they are put on the market complies with regulations of line ministries.

2.2. Examination of product quality in production in Vietnam

- Examination of product quality in production shall be conducted in one of the following cases:

= Exported goods fail to ensure the quality as prescribed in Article 32 of the Law on Product and Goods Quality 2007;

= Goods circulated on the market fail to conform to announced applicable standards or relevant technical criteria specified in Clause 3, Article 40 of the Law on Product and Goods Quality 2007.

- Examination of product quality in production shall be conducted by product and goods quality examination agencies in the form of inspection team according to Article 48 of the Law on Product and Goods Quality 2007.

- The order and procedures for examination of product quality in production are prescribed as follows:

= Producing the examination decision;

= Conducting examination according to the contents specified in Clause 1. Article 27 of the Law on Product and Goods Quality 2007;

= Making an examination minutes:

= Notifying producers and reporting to product and goods quality examination agency of the examination results;

= Handling violations according to Article 30 of the Law on Product and Goods Quality 2007.

2.3 Handling of violations in the process of examination of product quality in production

- Through the examination of product quality in production, if a producer is detected to fail to comply with requirements of announced applicable standards or relevant technical regulations for products and conditions related to the production process, the producer shall be handled as follows:

= The examination team shall ask the producer to take remedies or repair the products to ensure their quality before they are put on the market:

= If the producer continues committing violations despite the examination teams request, the product and goods quality examination agency shall, within 7 working days after making conclusions on violations of the production and business organization or individual, announce on the mass media the name and address of the producer, the appellations of unconformable products and the extent of their unconformity:

= If the producer still commits violations after his/her/its name is announced on the mass media, the goods and product quality examination agency shall propose a competent state agency to handle violations in accordance with law.

- During the examination of product quality in production, if testing results show that products are unconformable with announced applicable standards or relevant technical regulations, threatening the safety of people, animals, plants, assets or the environment, the goods and product quality examination agency shall announce those results on the mass media, suspend the production of unconformable products and propose a competent state agency to handle violations in accordance with law.

2.4 Costs of testing and certification of standard or regulation conformity in Vietnam

Producers shall pay costs of testing and certification of standard or regulation conformity under agreements with testing organizations or organizations certifying standard or regulation conformity.

Quoc Dat

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