Thông tư 10/2011/TT-BKHCN

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF PROVISIONS OF THE CIRCULAR NO. 08/2009/TT-BKHCN OF APRIL 08, 2009 OF THE MINISTER OF SCIENCE AND TECHNOLOGY GUIDING ON THE REQUIREMENTS, ORDER AND PROCEDURES FOR REGISTRATION OF FIELD OF CONFORMITY ASSESSMENT OPERATION 

Pursuant to the Government’s Decree No.28/2008/ND-CP of March 14, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;   

Pursuant to the Government’s Resolution No.67/NQ-CP, of December 24, 2010 on simplifying administrative procedures in scope, function, management of the Ministry of Science and Technology; 

Pursuant to the Law on Product and goods quality of November 21, 2007;

Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 31, 2008 detailing the implementation of a number of articles of the Law on Product and goods quality;

A the proposal of the Director General of Directorate for Standards, Metrology and Quality,  

The Minister of Science and Technology stipulates:

Article 1. To amend and supplement a few of provisions of the Circular No. 08/2009/TT-BKHCN of April 08, 2009 guiding on the requirements, order and procedures for registration of field of conformity assessment operation as follows:

1. To amend and supplement point 1.1.3 clause 1 item II as follows:

“1.1.3. It must always have at least 05 experts of assessment of the official personnel (public employees or employees signing contract with a period of 12 months or more or the labor contract of indefinite term) of the organizations and meet the following requirements:

a) Having graduated from university or more and professional skill consistent with the field of certification registration;

b) Having the capacity of assessment meeting the provisions in the national standards TCVN ISO 19011:2003 or international standard ISO 19011:2002 – Guideline to evaluate quality management systems and/or environmental management systems;

c) Being trained on certification of management system (for system certification organizations); being trained on certification of product (for product certification organizations)”.

2. To amend and supplement points 1.2.1, 1.2.3 and 1.3 clause 1 item II as follows:

“1.2.1. The certification organizations meeting the requirements specified in point 1.1 clause 1 of item II, formulate a set of registration dossier of the field of certification operation and send to the contact-point agency stipulated in point 1.3 clause 1, Item III of the Circular No. 08/2009/TT-BKHCN of April 08 2009 of the Ministry of Science and Technology guiding on the requirements, order and procedures for registration of field of conformity assessment operation (hereinafter referred to as the Circular No. 08/2009/TT-BKHCN)  

In case directly submitting at the contact-point agency stipulated in point 1.3, clause 1, Item III of the Circular No. 08/2009/TT-BKHCN if documents specified in points 1.2.2.2, 1.2.2.3, 1.2.2.4 clause 1 item II have not yet authenticated, they must have originals for comparison. In case dossier is sent via post, the certification organizations must submit authenticated copies of documents specified in points 1.2.2.2, 1.2.2.3, 1.2.2.4 clause 1 item II.

1.2.3. Within 05 working days after receiving complete and valid dossiers under the provisions in point 1.2.2, clause 1 of this Item, the contact-point agency stipulated in point 1.3 clause 1, Item III of the Circular No. 08/2009/TT-BKHCN conducts a review of dossiers and the grant of certificate of registration of certification operation field in the form prescribed in Appendix III of the Circular No. 08/2009/TT-BKHCN for the certification organizations.

In case dossier fails to meet requirements, and it is necessary to assess in reality, within 15 working days after receiving a full dossier, the Directorate for Standards, Metrology and Quality conducts a review and appraisal of dossier, appoints expert or establishes an assessment team in order to assess in reality at the certification organization. Expenditures for assessment activities of expert or assessment team are ensured by the certification organization.

Based on the dossier of registration, minutes of assessment in reality and result of conducting acts of  remedy to meet requirement, within 05 working days, the Directorate for Standards, Metrology and Quality grants registration certificate of the field of certification operation under the form prescribed in Appendix III of the Circular No. 08/2009/TT-BKHCN for the certification organization.   

In case of refusal to grant a certificate, the contact-point agency must send written reply of the reasons therefore to the certification organization applied for registration.

1.3. When the certification organizations having been granted the registration certificate of the field of certification operation have the needs of change, supplementation of operation fields which have been registered, they must submit dossier of the registration of changes and supplementation as prescribed in points 1.2.2.3, 1.2.2.4 and 1.2.2.6, clause 1 of item II. The written request  for change, supplementation of operation fields is prescribed in Appendix IV of the Circular No. 08/2009/TT-BKHCN".

3. To amend and supplement points 2.2.1, 2.2.3 and 2.2.4 clause 2 section II as follows:

“2.2.1. Testing organizations meeting the requirements specified in point 2.1 clause 2 of Item II, make a set of dossier for registration of field of testing operation and send to the contact-point agency as specified in point 1.3, clause I Item III of the Circular 08/2009/TT-BKHCN 

In case directly submitting at the contact-point agency stipulated in point 1.3, clause 1, Item III of the Circular No. 08/2009/TT-BKHCN if documents specified in points 2.2.2.2, 2.2.2.3, 2.2.2.4 clause 2 item II have not yet authenticated, they must have originals for comparison. In case dossier is sent via post, the certification organizations must submit authenticated copies of documents specified in points 2.2.2.2, 2.2.2.3, 2.2.2.4 clause 2 item II.

2.2.3. Within 05 working days after receiving complete and valid dossiers under the provisions in point 2.2.2, clause 2 of Item II, the contact-point agency stipulated in point 1.3 clause 1, Item III of the Circular No. 08/2009/TT-BKHCN conducts a review of dossiers and the grant of certificate of registration of testing operation field in the form prescribed in Appendix III of the Circular No. 08/2009/TT-BKHCN for the certification organizations.

In case dossier fails to meet requirements, and it is necessary to assess in reality, within 15 working days after receiving a full dossier, the Directorate for Standards, Metrology and Quality conducts a review and appraisal of dossier, appoints expert or establishes an assessment team in order to assess in reality at the testing organization. Expenditures for assessment activities of expert or assessment team are ensured by the testing organization.

Based on the dossier of registration, minutes of assessment in reality and result of conducting acts of  remedy to meet requirement, within 05 working days, the Directorate for Standards, Metrology and Quality grants registration certificate of the field of testing operation under the form prescribed in Appendix III of the Circular No. 08/2009/TT-BKHCN for the testing organization. 

In case of refusal to grant a certificate, the contact-point agency must send written reply of the reasons therefore to the testing organization applied for registration.

2.2.4. When the testing organizations having been granted the registration certificate of the field of testing operation have the needs of change, supplementation of operation fields which have been registered, they must submit dossier of the registration of changes and supplementation as prescribed in points 2.2.2.3, 2.2.2.4 and 2.2.2.6, clause 2 of item II. The written request for change, supplementation of operation fields is prescribed in Appendix IV of the Circular No. 08/2009/TT-BKHCN".

4. To amend and supplement point 2.4 clause 2 section III as follows:

 “2.4. Annually and irregularly when required, the contact-point agencies shall review the situation, the operation results of organizations of conformity assessment that have been granted certificates of registration of operation fields, report to Ministry of managing branches, sectors and inform the Ministry of Science and Technology (Directorate for Standards, Metrology and Quality) for coordinating the management”.

5. To amend and supplement point 3.2 clause 3 section III as follows:

“3.2. Annually and irregularly when required, report according to the form prescribed in Appendix V of the Circular No. 08/2009/TT-BKHCN on the results of the assessment operation of conformity signed up, particularly for the certification organizations, it is reported by form prescribed in Appendix VI of the Circular No. 08/2009/TT-BKHCN on the results of certification operation; and also notify the Ministry of Science and Technology (Directorate for Standards, Metrology and Quality) for synthesis and report to the Prime Minister".

Article 2.  Directorate for Standards, Metrology and Quality shall guide, operate implementation of this Circular. 

Article 3.

1. This Circular takes effect on August 20, 2011.

2. In case legal documents, national standards quoted in the Circular No. 08/2009/TT-BKHCN and this Circular are amended and supplemented or replaced, complying with new documents.

3. Director General of Directorate for Standards, Metrology and Quality, Director of the Legal Affair Department and relevant organizations, individuals shall implement this Circular.