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

Conditions for ensuring the quality of products in production before they are put on the market in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

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

Conditions for ensuring the quality of products in production before they are put on the market according to Article 28 of the Law on Product and Goods Quality 2007 are as follows:

- 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 the Law on Product and Goods Quality 2007 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. Regulations on handling of violations in the process of examination of product quality in production in Vietnam

Regulations on handling of violations in the process of examination of product quality in production according to Article 30 of the Law on Product and Goods Quality 2007 are as follows:

- 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.

3. Prohibited acts regarding product and goods quality in Vietnam

Prohibited acts regarding product and goods quality according to Article 8 of the Law on Product and Goods Quality 2007 are as follows:

- Manufacturing products, importing, selling or purchasing goods banned from circulation by the State.

- Manufacturing products, importing, exporting, selling, purchasing, exchanging or marketing products or goods which fail to comply with relevant technical regulations.

- Importing, exporting, selling or purchasing goods of unclear origin.

- Importing, exporting, selling, purchasing goods, exchanging or marketing products or goods of which the use duration has expired.

- Using foods or pharmaceuticals of poor quality or with expired use duration for charity purposes or donation.

- Deliberately supplying untrue or forged results of testing, examination, inspection, verification and certification of product and goods quality.

- Forging or illegally using standard- or regulation-conformity stamps or other signs of product and goods quality.

- Replacing, fraudulently exchanging, adding or reducing ingredients or additives of, or mixing impurities with products and goods, thus reducing their quality compared with announced applicable standards or relevant technical regulations.

- Giving untruthful information or advertisement or committing fraudulent acts related to product and goods quality or goods origin.

- Concealing information on the products and goods capability of causing unsafe to humans, animals, plants, assets or the environment.

- Manufacturing or processing products and goods with raw materials or materials banned from use for the production or processing of those products and goods.

- Abusing ones positions or powers or the state control of product and goods quality to illegally obstruct, trouble or harass production and business activities of organizations and individuals or cover up acts of violation of the law on product and goods quality.

- Abusing product and goods quality control activities to cause harms to national interests, social order and safety.

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