Thông tư 21/2010/TT-BXD

CIRCULAR

GUIDING REGULATION CONFORMITY CERTIFICATION AND ANNOUNCEMENT FOR CONSTRUCTION MATERIAL PRODUCTS AND GOODS

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;
Pursuant to the November 21, 2007 Law on Product and Goods Quality;
Pursuant to the Government's Decree No. 17/ 2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 127/2007/ND-CP of August 1, 2007, detailing a number of articles of the Law on Standards and Technical Regulations;
Pursuant to the Government's Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;
Pursuant to the Government's Decree No. 67/ 2009/ND-CP of August 3, 2009, amending a number of articles of the Government s Decree No. 127/2007/ND-CP of August 1, 2007, detailing a number of articles of the Law on Standards and Technical Regulations, and the Government's Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality,
The Ministry of Construction guides regulation conformity certification and announcement for construction material products and goods as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides regulation conformity certification and announcement for construction material products and goods in their import, production, sale in the market and use for construction works.

Regulation conformity certification and announcement for construction-material products and goods comply with the guidance of the Ministry of Science and Technology.

Article 2. Subjects of application

This Circular applies to organizations and individuals involved in regulation conformity certification and announcement for construction material products and goods.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Regulation conformity certification means the certification of construction material products' and goods' conformity with technical regulations or compulsory technical standards not yet converted into technical regulations.

2. Regulation conformity announcement means an organization's or individual's announcement of construction material products' and goods' conformity with technical regulations or compulsory technical standards not yet converted into technical regulations.

3. Construction material products and good s include potentially unsafe construction material products and goods (group-2 products and goods specified in Clause 4, Article 3 of the Law on Product and Goods Quality) during transportation, storage or use for construction works which are likely to harm people, construction works or the surrounding environment.

4. Regulation conformity certification institution means an institution which assesses and certifies construction material products' and goods' satisfaction of the requirements of technical regulations or compulsory technical standards not yet converted into technical regulations.

Article 4. Regulation conformity certification and announcement

1. Regulation conformity certification and announcement are compulsory for organizations and individuals that have construction material products and goods subject to relevant technical regulations or compulsory technical standards not yet converted into technical regulations.

2. Regulation conformity certification and announcement comply with the Regulation on standard and regulation conformity certification and announcement promulgated together with the Science and Technology Ministry's Decision No. 24/2007/QD-BKHCN of September 28, 2007, and this Circular.

Chapter II

REGULATION CONFORMITY CERTIFICATION

Article 5. Requirements on regulation conformity certification institutions

1. A regulation conformity certification institution must possess a valid certificate of quality management system by ISO 9001 standard; and be capable of certifying construction material products' and goods' conformity with the requirements of technical regulations.

2. An institution that has a recognized construction laboratory (LAS-XD) with testing capacity conformable with the requirements of technical regulations applicable to construction material products and goods will be regarded as capable under Clause 1 of this Article.

3. A certification institution must have at least 3 evaluators on its official payroll (public employees or employees under labor contracts of 12 months or more or of indefinite term) who hold tertiary or higher degree with professional qualifications relevant to certification of construction material products and goods concerned and at least 3 years' experience in this domain.

Article 6. Designation and announcement of regulation conformity certification institutions

1. The Ministry of Construction shall decide to designate institutions to certify regulation conformity for construction-material products and goods, based on their satisfaction of requirements on quality management systems and their laboratories' capacity under Article 5 of this Circular.

2. To publicize on the websites of the Ministry of Construction and localities a list of designated regulation conformity certification institutions and their experts and a list of regulation conformity certification institutions and their experts that have been handled for their violations of current regulations on regulation conformity certification.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7. Responsibilities of management agencies

1. The Science, Technology and Environment Department (the Ministry of Construction), which acts as the focal point in managing regulation conformity certification and announcement for construction material products and goods, shall:

- Guide regulation conformity certification; revise national technical regulations on construction material products and goods;

- Inspect and assess the capacity of, and propose the Ministry of Construction to decide to designate and announce, regulation conformity certification institutions; monitor and review the operation of regulation conformity certification institutions;

- Formulate technical regulations for construction material products and goods.

2. The Construction Materials Department (the Ministry of Construction) shall act as the focal point in:

- Monitoring and reviewing provinces' and centrally run cities' management of regulation conformity registration;

- Reviewing regulation conformity certification and announcement activities and the list of construction material products and goods whose regulation conformity has been announced:

- Coordinating with concerned agencies in inspecting and examining regulation conformity certification and announcement for construction material products and goods.

3. Provincial-level Construction Departments shall:

- Receive written regulation conformity announcements for construction material products and goods from responsible organizations and individuals;

- Manage regulation conformity certification in their localities under this Circular; review regulation conformity certification and the list of construction material products and goods whose regulation conformity has been announced in their localities and send biannual reports thereon to the Ministry of Construction;

- Inspect and examine regulation conformity certification and announcement for construction material products and goods in localities under their management.

Article 8. Implementation provisions

1. This Circular takes effect 45 days from the date of its signing.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Construction for study, adjustment or supplementation.-