Thông tư 14/2010/TT-BXD

CIRCULAR

ON THE QUALITY CONTROL OF TILES

Pursuant to the Law on Product and goods quality No. 05/2007/QH12 dated November 21^st 2007 of the National Assembly;

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

Pursuant to the Government's Decree No. 67/2009/NĐ-CP dated August 03^rd 2009, amending a number of articles of the Government's Decree No. 127/2007/NĐ-CP dated August 01^st 2007 detailing the implementation of a number of articles of the Law on Technical regulations and standards and  the Government's Decree No. 132/2008/NĐ-CP dated December 31^st 2008;

Pursuant to the Government's Decree No. 17/2008/NĐ-CP dated February 04^th 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Circular No. 19/2009/TT-BKHCN dated June 30^th 2009 of the Minister of Science and Technology on the measures for quality control applicable to the products and goods that need extra State management before being circulated on the market;

Subject to the requirements for quality control of tiles in order to ensure the safety during the use and construction, the Minister of Construction prescribes

Article 1. Scope of regulation

This Circular prescribes the tile quality control in group 2 according to the Law on Product and goods quality, including the list of tiles with requirements for quality and safety, the bases for quality inspection and the quality assurance.

Article 2. Subjects of application

This Circular is applicable to the Vietnamese manufacturers, traders, importers, and State management agencies related to tiles in Vietnam.

Article 3. The list of tiles with requirements for safety and quality assurance, and the bases for quality inspection

1. The list of tiles with requirements for quality and safety, the corresponding bases for quality inspection and the quality assurance are provided in the list of tiles with requirements for safety and quality assurance in Annex 1 (hereinafter referred to as the List) promulgated together with this Circular.

2. The quality of tiles imported and produced at home in column 1 of the list must be conformable with the corresponding provisions in column 2, column 3, and column 4 of the list.

Article 4. The quality control of tiles

1. The quality control of tiles produced at home:

a) Domestic organizations and individuals that produce tiles specified in column 1 of the List must announce the conformity of the quality with Clause 2 Article 3 of this Circular (hereinafter referred to as conformity announcement)

b) The domestic manufacturers must have an unexpired quality control system conformable with TCVN ISO 9001/ISO 9001.

c) The tiles produced at home specified in column 1 of  the List, apart from the conformity announcement, must be issued with the certificate of quality in accordance with Point dd this Clause, carried out by an appropriate assessing organization appointed by the Ministry of Construction (hereinafter referred to as conformity certification)

d) The conformity announcement of the tiles produced at home is founded on one of the following 2 bases:

- The internal assessment results of the domestic manufacture of about the goods quality in accordance with Clause 2 Article 3 of this Circular on the basis of the test results of the laboratory of a conformity-assessing organization appointed by the Ministry of Construction;

- The results of the test on the samples of a batch of goods in accordance with Clause 2 Article 3 of this Circular, carried out by a conformity-assessing organization appointed by the Ministry of Construction.

dd) The requirements for certifying the conformity of tiles produced at home:

- The written conformity announcement prescribed in Point a this Clause;

- The copy of an unexpired certificate of the conformity of the quality control system of the manufacturer with TCVN ISO 9001/ISO 9001;

- The results of the test on the samples of a batch of goods in accordance with Clause 2 Article 3 of this Circular, carried out by a conformity-assessing organization appointed by the Ministry of Construction.

2. The quality control of imported tiles:

a) When importing the tiles in column 1 of the List, the importer must announce the conformity of the quality with Clause 2 Article 3 of this Circular (conformity announcement)

b) The stamp of conformity must be fixed on the products, their packages, and their documents issued by the conformity-certifying organization.

c) The importer must provide the following documents to the customs at the border-gate:

- The copy of an unexpired certificate of the conformity of the quality control system of the manufacturer with TCVN ISO 9001/ISO 9001;

- The conformity certificate and the results of the test on the samples of a consignment of tiles at the border-gate in accordance with Clause 2 Article 3 of this Circular, carried out by a conformity-assessing organization appointed by the Ministry of Construction.

d) The conformity announcement of imported tiles is founded on one of the following 2 bases:

- The internal assessment results of the importer about the goods quality in accordance with Clause 2 Article 3 of this Circular on the basis of the test results of the laboratory of a conformity-assessing organization appointed by the Ministry of Construction;

- The results of the test on the samples of the consignment of tiles at the border-gate in accordance with Clause 2 Article 3 of this Circular, carried out by a conformity-assessing organization appointed by the Ministry of Construction.

dd) The requirements for certifying the conformity of imported tiles:

- The written conformity announcement prescribed in Point a this Clause;

- The copy of an unexpired certificate of the conformity of the quality control system of the manufacturer with TCVN ISO 9001/ISO 9001;

- The results of the test on the samples of the consignment of tiles at the border-gate in accordance with Clause 2 Article 3 of this Circular, carried out by a conformity-assessing organization appointed by the Ministry of Construction.

e) The tiles in column 1 of this List being supplied to the domestic market by the enterprises in export processing zones are subject to the provisions on quality control similarly to imported tiles.

3. Provisions on sampling:

- The samples for testing and assessing the conformity must be objectively taken, and able to represent the products of the same kind. The samples taken must be sealed and certified by the representative of the enterprise and the representative of the conformity-assessing organization appointed by the Ministry of Construction. The samples of imported tiles must also be certified by the customs at the importing border-gate.

- The volume of the batch must not exceed 1,500 m².

- The quantity of samples being taken from each batch is provided in column 4 of the List.

4. The list of conformity-assessing organizations appointed by the Ministry of Construction to test, assess, and certify the conformity of the tile quality is provided in Annex 2 promulgated together with this Circular, and shall be updated on the website of the Ministry of Construction.

Article 5. Implementation organization

1. The Department of Science, Technology, and Environment – The Ministry of Construction is the focal point that assists the Ministry of Construction in managing the operation of organizations that assess the conformity of tile quality as prescribed.

2. The Department of Building materials – The Ministry of Construction is the focal point that assists the Ministry of Construction in cooperating with the Services of construction of central-affiliated cities and provinces and relevant functional agencies in organizing the quality control in the production, sale, and import of tiles, in inspecting and supervising the implementation of this Circular.

3. The Vietnamese manufacturers, traders, and importers of tiles are responsible for implementing this Circular.

4. This Circular takes effect after 45 days as from the date of its signing.

5. Organizations and individuals are recommended to send feedbacks on the difficulties arising during the course of implementation to the Ministry of Construction for guidance and amendment./.

ANNEX 1

LIST OF TILES WITH REQUIREMENTS FOR SAFETY AND QUALITY ASSURANCE, AND THE BASES FOR QUALITY INSPECTION
(Promulgated together with the Circular No. 14/2010/TT-BXD dated August 20^th 2010, on the quality control of tiles)

ANNEX 2

LIST OF ORGANIZATIONS APPOINTED BY THE MINISTRY OF CONSTRUCTION TO ASSESS THE CONFORMITY OF TILE QUALITY
(Promulgated together with the Circular No. 14/2010/TT-BXD dated August 20th 2010, on the quality control of tiles)