Thông tư 55/2012/TT-BNNPTNT

Circular No. 55/2012/TT-BNNPTNT of October 31, 2012, guiding the procedures for appointing conformity certification organization and announce the conformity within the scope of management of the Ministry of Agriculture and Rural Development

Nội dung toàn văn Circular No. 55/2012/TT-BNNPTNT appointing conformity certification organization


MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.: 55/2012/TT-BNNPTNT

Hanoi, October 31, 2012

 

CIRCULAR

GUIDING THE PROCEDURES FOR APPOINTING CONFORMITY CERTIFICATION ORGANIZATION AND ANNOUNCE THE CONFORMITY WITHIN THE SCOPE OF MANAGEMENT OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/ND-CP of January 3, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development, Decree No. 75/2009 /ND-CP of September 10, 2009 of the Government on amending Article 3 of Decree No. 01/2008/ND-CP of January 3, 2008;

Pursuant to the Law on Product Goods Quality adopted on November 21, 2007 by the National Assembly and 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 Goods Quality;

Pursuant to the Law on Standards and Technical Regulations adopted on June 29, 2006 by the National Assembly and the Government’s Decree No.127/2007/ND-CP of August 01, 2007 detailing the implementation of a number of the Law on Standards and Technical Regulations;

Pursuant to the Law on Food Safety No. 55/2010/QH12 adopted by the National Assembly on June 17, 2010;

At the proposal of the Director of Department of Science, Technology and Environment;

The Minister of Agriculture and Rural Development issues the Circular regulating the procedures for appointing the conformity certification Organization and procedures for announcement of conformity and compliance with regulation for products and goods within the management of the Ministry of Agriculture and Rural Development.

Chapter I:

GENERAL PROVISION

Article 1. Scope of adjustment

This Circular stipulate the procedures for appointing the conformity certification Organization and procedures for announcement of conformity and compliance with regulation for products, goods, services, process and environment within the management of the Ministry of Agriculture and Rural Development.

Article 2. Subject of application

This Circular applies to the agencies, organizations or individuals related to the certification of conformity and announcement of conformity for products, goods, services, process and environment within the management of the Ministry of Agriculture and Rural Development.

Article 3. Nature of certification of conformity and announcement of conformity

The certification of conformity and announcement of conformity is imperative for organizations or individuals producing and trading products, goods, services, process and environment in accordance with respective national technical standards.

Article 4. Conformity to regulation marking

1. The conformity to regulation marking (CR marking) has shape and size as prescribed in Appendix 1 attached to this Circular.

2. CR marking is presented directly on the products, goods or on the packaging of goods or labels attached to products or goods at conspicuous and legible position and printed in the accompanying technical documents.

3. CR marking can be enlarged or reduced, but must ensure the correct ratio and recognition by naked eye.

4. CR marking must be presented by the same color and easily easily identifiable.

Article 5. Method of conformity assessment

1. The conformity assessment is done by one of the following method:

a) Typical sample testing;

b) Method 2: Typical sample testing, combining the production and monitoring process, monitoring through testing of samples taken from the market;

c) Method 3: Typical sample testing combining the production and monitoring process, monitoring through testing of samples taken at the factory associated with the production process.

d) Method 4: Typical sample testing combining the production and monitoring process through testing of samples taken at production site and in the market in conjunction with assessment of production process;

dd) Method 5: Typical sample testing combining the production and monitoring process through testing of samples taken at production site or in the market in conjunction with assessment of production process;

e) Method 6: Assessment in conjunction with monitoring of management system;

g) Mehtod 7: Testing and assessment of batch of product or goods;

h) Method 8: Testing or inspection of entire products or goods.

2. The contents, order and principle of using the methods of conformity assessment specified in Annex 2 issued together with this Circular;

3. The method of conformity assessment applies for each specific kind of product, goods, services, process and environment specified in the respective technical regulations;

Chapter II:

ASSESSING AND APPOINTING ORGANIZATION TO CERTIFY CONFORMITY

Article 6. Requirements for conformity certification Organization

The conformity certification Organization appointed must meet the following requirements:

1. The certification Organization is established as prescribed by law and has operational functions in the field of certification.

2. The management system and operational capacity of the certification Organization must meet the requirements specified in the TCVN 7457:2004 or international standard ISO / IEC Guide 65:1996 and the relevant guidelines related to the International Accreditation Forum (IAF) for the certification of products and goods; National Standard TCVN ISO/IEC 17021:2008 or International Standard ISO / IEC 17021:2006 and relevant guidelines of the International Accreditation Forum (IAF) for the certification of management system.

3. The certification Organization has at least 05 assessing specialists of the regular staff (official or laborer signing contract with term from 12 months or more or contract with indefinite term); has at least 03 specialists with 03 years experience in specialty in line with the field for registration of certification and meets the following requirements:

a) Having university degree or higher under one of the specialty in line with the field to be registered.

b) Having assessment capacity to meet the provisions in the national standards TCVN ISO 19011:2003 or international standards ISO 19011:2002 – Guidance on assessment of quality management system and/or environmental management sytem;

c) Having been trained on assessment of management system certification including HACCP, ISO 22000:2005 or equivalent.

4. The certification Organization has sufficient technical materials and relevant technical regulations and procedures for conducting the conformity certification of the certification Organization.

5. In case of using the testing activities, the certification Organization must have the testing room appointed by the Ministry of Agriculture and Rural Development or must have contract/sub-contractual agreement with the testing room appointed by the Ministry of Agriculture and Rural Development

Article 7. Forms of assessment of certification Organization

1. Assessment of 1st appointment

To be applied for the following cases:

a) The certification Organization is firstly registered to be assessed and appointed as prescribed in this Circular;

b) The certification Organization has been appointed but the appointment Decision is invalidated as specified in Clause 2, Article 20 of this Circular.

2. Assessment of re-appointment

To be applied for the following cases:

a) The certification Organization has been firstly assessed but ineligible for being appointed;

b) The certification Organization has been appointed but the appointment Decision has expired;

c) The certification Organization has been appointed but the quality management system or assessment experts do not meet the requirements specified in Clause 2,3, Article 6 of this Circular;

d) The certification Organization has been suspended its appointment Decision as specified at Point a, Clause 1 of Article 19.

3. Assessment of extension appointment: To be applied for the case where the certification Organization has been appointed but then registers additional assessment and appointment of scope of certification.

4. Assessment of monitoring:

a) To be applied in case the certification Organization has been appointed in order to monitor the maintanance of contents appointed of the certification Organization;

b) Frequency of monitoring assessment is once a year.

5. Irregular assessment:

To be applied for the following cases:

a) The certification Organization has signs of violation related to the scope of certification appointed or when there are complaints of organizations or individuals;

b) The result of conformity certification of the certification Organization is not in accordance with the competent state agencies.

Article 8. Assessment and appointment agency

1. The Directorate of Fisheries is the agency assessing and appointing the certification Organization for aquaculture, aquatic breeding, feed, feed ingredients, additives, probiotics, water quality in aquaculture, aquaculture environment, breeding  production area, facility of business and production of feed and biological preparations for aquaculture; fishing boats, fishing ports, fishing boat repair facility .

2. Vietnam Administration of Forestry is the agency assessing and appointing the certification Organization in forestry plant varieties, processes, services and forest environments.

3. The General Department of Irrigation is the agency assessing and appointing the certification Organization for the operation and protection of irrigation systems, clean water supply system, dikes, flood and storm prevention, safety management of lakes and dams, economical use of water.

4. The National Agro-Forestry-Fisheries Quality Assurance Department is the agency assessing and appointing the certification Organization in agriculture, forestry and fishery products, non-food agriculture and forestry products imported for processing products made in the country before export or domestically consumed; conditions for quality and food safety of seafood product assurance.

5. The Department of Processing and Trading of Forestry Aquatic Products and Salt is the agency assessing and appointing the certification Organization in the process, services and environment in salt production and business and salty products; machinery and production equipment in agriculture, additives and chemicals used in the processing and preservation of forest products.

6. The Department of Crop Production is the agency assessing and appointing the certification Organization for agricultural crop varieties, fertilizers, fertilizer production materials, biological preparations for plantation, environment in plantation, conditions for the quality and safety of food of plant products.

7. The Plant Protection Department is the agency assessing and appointing the certification Organization in quarantine of plant, drug and pesticide raw materials, processing, bottling and packaging of pesticide, agro-forestry preservatives.

8. The Department of Livestock Production is the agency assessing and appointing the certification Organization in agricultural livestock, feed and raw materials for animal feed, biological preparations for animal raising, production and business of animal feed, raising facilities; environment in raising production, quality assurance conditions and food safety of raising products.

9. The Department of Animal Health is the agency assessing and appointing the certification Organization for animal diseases, quarantine, medicine and veterinary medicine raw materials, veterinary hygiene condition, production and trading of veterinary medicine.

10. The Construction and Quality Management Bureau is the agency assessing and appointing the certification Organization in the irrigation works of investment preparation phase and the construction phase.

11. Department of Science, Technology and Environment is the agency assessing and appointing the certification Organization to register operation of areas under the management of two assessing and appointing agencies or more specified from Clause 1 to Clause 10 of this Article.

Article 9. Identification number of the certification Organization appointed

1. The Ministry of Agriculture and Rural Development uniformly issues and manages the identification number of the certification Organization appointed;

The Ministry of Agriculture and Rural Development (Department of Science, Technology and Environment) will consider and issued the identification number to the the certification Organization assessed and appointed within 05 working days after receiving the report of the assessing and appointing agency.

2. The identification number of the certification Organization appointed is issued upon the first appointment assessment and specified in the appointment Decision. This identification number does not change in case of re-appoitment or extension of scope of appointment.

3. Regulation on identification number issued to the certification Organization is specified in the Annex 3 issued together with this Circular.

Article 10. Fees for assessing the conformity certification Organization

1. The assessing and appointing agency will collect fees in the following cases:

a) First assessment;

b) Re-assessment;

c) Extension assessment;

d) Monitoring assessment.

2. The collection of assessment fees of the certification Organization is done as specified in current regulations of the Ministry of Finance.

Article 11. Dossier to register the appointment of conformity certification Organization

1. First assessment

a) Certificate of registration (under the Form in the Annex 4 issued together with this Circular).

b) Report on capacity of the certification Organization (under the form in the Annex 5 issued together with this Circular).

c) A certified copy of establishment Decision or buiness registration Certificate or investment License.

d) A certified copy of Certificate of registration in the field of certification operation issued by the Ministry of Science and Technology or Regulations on functions and duties for public non-business units.

dd) List of assessing experts who meet the requirements specified in Clause 3, Article 6 of this Circular, under the form specified in Annex 6 issued together with this Circular, attached to a certified copy of corresponding training certificate.

e) List of technical materials and documents evidencing the capacity of relevant certification operation (under the form in the Annex 7 issued together with this Circular); description of process of conformity certification operation of the certification Organization.

g) Forms of testing result card and Certificate

2. Re-assessment

a) Dossier for registration is specified at Point a, b, e, Clause 1 of this Article;

b) For cases specified at Point a, d, Clause 2, Article 7 of this Circular, it is necessary to supplement the report on result of remedy of inappropriate contents of the certification Organization;

c) For cases specified at Point b, c, Clause 2, Article 7 of this Circular, it is necessary to supplement the components of dossier for registration as specified at Point dd, Clause 1 of this Article.

3. Extension assessment

Dossier for registration is specified at Point a, b, e, Clause 1 of this Article;

Article 12. Dossier receipt

1. The conformity certification organization has a demand for appointment, re-appointment and extension appointment may send a set of dossier as prescribed in Article 11 of this Circular to the assessing and appointing agency via post or direct submission (in case of direct submission, the papers specified at Point c, Article, Clause 1, Article 11 of this Circular are copies attached to the original papers for comparison).

2. During 03 (three) working days after receiving dossier for registration, the assessing and appointing agency specified in Article 8 of this Circular will consider the completeness of the dossier and guide in writing the certification Organization to supplement incomplete or improper contents.

Article 13. Setup of assessing Team

1. Within 05 working days, after receiving complete and valid dossier of the certification Organization, the assessing and appointing agency will set up an assessing Team. The assessing and appointing agency will send the Decision on setup of assessing Team to the certification Organization 15 days prior to the assessment.

2. Composition of assessing Team:

a) For the certification Organization registering its operation of the fields under the management of one assessing and appointing agency specified in Article 8 of this Circular. The members of the Team include 3-5 persons as representatives of the assessing and appointing agency, the experts and at least one member of the Team having certificate of assessment operation;

b) For the certification Organization registering its operation in the fields under the management of two or a lot of assessing and appointing agencies specified in Article 10 of this Circular. The members of the Team include 5-7 persons as representatives of Department of Science, Technology and Environment; representatives of specialized management agencies concerned and experts and at least one member of the Team having certificate of assessment operation;

3. Decision on setup of assessing Team includes a number of main contents as follows:

a) Full name, position of the head and other members of the Team;

b) Tasks of members of the Team (specified in Annex 8 issued together with this Circular);

c) Expected assessment time;

d) Scope, content and form of assessment; responsibilities of the certification Organization; requirements for staff preparation and dossier to work with the assessing Team.

Article 14. Content and method of assessment

1. Assessment contents

a) The compliance and conformance of the quality management system and procedures and method of conducting the conformity certification activities.

b) Human resources and material facilities and equipment

2. Method of assessment

a)  Assessment of dossier, documents and interview;

b)  Realisty assessment (material facilities and equipment);

c) Direct assessment of implementing the conformity certification of the certification Organization at the establishment (if necessary).

Article 15. Order of assessment at the certification Organization

1. The assessing Team announces the Decision on setup of assessing Team, specifying purposes and contents of assessment.

2.  The assessing Team conducts the reality assessment:

a) Conformity assessment of quality management system, procedures for conformity certification, human resources, material facilities and equipment of the certification Organization through assessment of dossier and documents, interview, reality assessment. In case the certification Organization has accreditation certificate of TCVN 7457:2004 issued by the accreditation organization, it will be considered a reduction in contents of conformity assessment (management requirements) of the quality management system for the scope accrediated. The assessing Team may conduct direct assessment of conformity certification of the certification Organization at the establishment if necessary (excluding the case where the certification Organization has not been appointed);

b) Guidance on identifying the errors in the assessment process specified in Annex 9 issued together with this Circular.

3. The assessing Team makes a record of assessment and holds a meeting to end the assessment. The assessment record must meet the following requirements:

a) Made by the assessing Team at the head office of the certification Organization right after the end of assessment;

b) Fully and accurately expressing assessment results;

c) Specifying inappropriate contents and remedial time limt;

d) Specifying general result of level of response of the certification Organization;

dd) Having the opinion of the competent representative of the certification Organization on the assessment result, commitment to remedy the inappropriate contents;

e) Having the signature of the head of assessing Team, the signature of competent representative of the certification Organization and seal of the certification Organization (if any). If the representative of the certification Organization does not agree to sign the assessment Record, the assessing Team will specify that: “The representative of the certification Organization assessed did not sign the record” and state the reason for the failure of signing” and this Record is still legally valid if it has all signatures of participants in the assessment;

g) Made into 02 copies: 01 copy kept at the assessing agency and 01 copy kept at the certification Organization.

Article 16. Submission of assessment result

Within 05 working days after the end of assessment, the Head of the Team will send the assessing and appointing Agency a report on assessment result and the entire dossier related to the assessment.

Article 17. Processing assessment result

1. Within 10 working days, after receiving the assessment result of the assessing Team, the assessing and appointing agency will issue the Decision on appointment of conformity certification Organization, if the certification Organization meets all conditions to be appointed, re-appointed and extended its scope of appointment or announce the result in writing to the certification Organization if the certification Organizations have not met the conditions for being appointed. The announcement should specify the inappropriate contents and the remedial time limit.

2. The form of the Decision on appointment of conformity certification Organization, the Decision on change and supplementation of field and subject of conformity certification specified in the Annex 10 and 11 issued together with this Circular.

Article 18. Monitoring assessment and irregular assessment:

1. The assessing and appointing will conduct the monitoring assessment and irregular assessment in cases specified in Clause 4, 5, Article 7 of this Circular.

2. The monitoring assessment and irregular assessment are done through the setup of the assessing Team as prescribed in Clause 2, 3 of Article 13.

3. For the form of monitoring assessment, the plan for assessment is announced to the certification Organization before the expected time of assessment of at least 10 (ten) working days. For the form of irregular assessment, the plan for assessment is announced at the opening meeting of the assessment Team at the certification Organization.

4. Within 10 working days, after receiving the assessment result of the assessment Team, the assessing and appointing agency will announce the assessment result in writing to the certification Organization specifying inappropriate contents and remedial time limit or issue Decision on suspension and annulment of appointment Decision in case the certification Organization violates the contents specified in Clause 1, 2, Article 20 of this Circular.

Article 19. Validity of appointment Decision

1. The validity of Decision on appointing certification Organization is 03 (three) years.

2. 03 (three) months prior to the end of the validity of appointment Decision, the certification Organization must prepare dossier for registration and send it to the assessing and appointing agency to be re-assessed.

Article 20. Suspension or invalidation of appointment Decision

1. The Decision on appointing conformity certification Organization is suspended in the following cases:

a) The result of monitoring assessment or irregular assessment of the assessing and appointing indicates that the certification Organization does not meet the conditions to be appointed or has not remedied inappropriate contents in the previous assessment;

b) The certification Organization refuses the monitoring assessment of the assessing and appointing agency from 18 months or more;

c) The certification Organization does not comply with requirements for examination and monitoring upon requirements of the assessing and appointing agency specified at Point i, Clause 2, Article 21 of this Circular

d) the certification Organization does not fully implement regulation on report as specified at Point n, Clause 2, Article 21 of this Circular.

2. The Decision on appointing conformity certification Organization is invalidated in the following cases:

a) The certification Organization violates the scope of appointment;

b) The certification Organization has been suspended its appointment Decision but is detected to continue the activities of conformity certification;

c) The certification Organization falsifies and modifies the contents of appointment Decision;

d) The certification Organization is dissolved or no longer operates in the fields assessed and appointed;

dd) The certification Organization has other violations which will be considered for decision by the Minister of Agriculture and Rural Development;

e) The certification Organization does not comply with activities of monitoring assessment, inspection, monitoring and regulation on report when it has been suspended its appointment Decision within 06 months.

3. In case the Decision on appointing the conformity certification Organization is invalidated, the results of conformity certification of the certification Organization during the period of time since the previous assessment until the time of invalidation of appointment Decision are no longer valid.

Article 21. Rights and obligations of conformity certification Organization

1. Rights of conformity certification Organization:

a) Conducting the testing, inspection and certification of quality of products, goods, services, process and environment on the basis of contract signed with organizations or individuals that request the assessment and certification of conformity in the fields whose operations have been registered and appointed by the competent state authorities;

b) Being paid with expenses as agreed with organizations or individuals producing and trading have demand for conformity certification or as prescribed by the competent state management authorities;

c) Issuing certificate of conformity which is valid no more than 03 years for the products, goods, services, process and environment certified in accordance with respective technical regulations.

d) Transferring the right of use and guiding the way to use the CR marking for organizations or individuals having products or goods that have been certified with the conformity;

dd) Newly issuing, re-issuing and expanding certificate of conformity

e) Reducing the scope or temporarily suspending, invalidating the Certificate of conformity, the right to use the CR marking issued when the organizations and individual that have respective products, goods, services, process and environment certified with conformity violate regulations on conformity certification;

g) Refusing to provide information related to the result of testing, inspection and conformity certification provided to third parties, unless required by the competent state authority;

h) The result of conformity assessment is recognized by the competent state authority as prescribed by law

2. Obligation of conformity certification organization:

a) Satisfying requirements as specified in Article 6 of this Circular;

b) Conducting the conformity certification in the field appointed by the order and procedures as prescribed. Prohibiting the refusal to provide services without plausible reason;

c) Guaranteeing the order and procedures for conformity assessment as prescribed by law;

d) On the basis of method of conformity assessment specified in respective technical regulation, developing the order and procedures for conformity certification for each specific subject and announcing to the agencies, organizations or individuals concerned;

dd) Securing information, data and result of conformity assessment of the organization assessed, unless required by the competent state authority;

e) Guaranteeing the publicity, transparency, independence, objectivity, accuracy and non-discrimination on the origin of goods and organizations or individuals in conformity certification activities;

g) Monitoring the subjects that have been certified with conformity in order to maintain the conformance of the subjects with the corresponding technical regulations;

h) Promptly reporting to the competent management agency and widely announcing in mass media on the new issuance, re-issuance, expansion, reduction in scope or temporary suspension and invalidation of certificate of conformity and right to use the CR marking;

i) Being subject to examination and inspection of the competent state authority concerning the conformity certification activities;

k) Taking responsibility before law for the result and conformity certification activities;

l) Making compensation for damages arising under the provisions of the civil law to the organizations or individuals that have required the conformity due to provision of false results. Organizations or individuals that have products, goods, services, process and environment certified with conformity shall be obliged to prove incorrect results and fault of the conformity certification organization;

m) Notifying the management agency of any change affecting the capacity of conformity certification activities registered within 15 days after the change;

n) Periodically 6 months or irregularly as required, reporting the result of conformity certification activities under the prescribed form in Annex 12 of this Circular to the management agency which has appointed the conformity certification organization;

o) Paying assessment fee as prescribed in Article 10 of this Circular.

Chapter III:

ANNOUNCEMENT OF CONFORMITY

Article 22. Order and procedures for announcement of conformity

The announcement of conformity is carried out as follows:

1. Step 1: Conformity assessment of announcing subject with technical regulation.

a) The conformity assessment may be done by the conformity certification organization appointed or organizations or individuals announce the conformity by themselves;

b) In case of self-assessment of conformity, the organizations or individuals must perform the testing at the testing room appointed by the Ministry of Agriculture and Rural Development.

c) The result of conformity assessment is the grounds for the organizations or individuals to announce the conformity and conformance with regulation.

2. Step 2: Registering the conformity announcement at the Service of of Agriculture and Rural Development where those organizations or individuals have registered their business and production.

Article 23. Dossier for registration of conformity announcement

1. Dossier for conformity announcement for the case of conformity announcement based on the result of conformity certification of the conformity certification organization:

a) The conformity announcement under the form in Annex 13 of this Circular;

b) A certified copy of Certificate of conformance certification of products, goods, services, process and environment with respective technical regulations issued by the certification Organization;

c) General description of products, goods, services, process and environment (characteristics, features and utilities).

2 . Dossier for conformity announcement in case of conformity announcement based on the result of self-assessment of organizations or individuals producing and trading:

a) The conformity announcement under the form specified in Appendix 13 of this Circular;

b) The general description of products, goods, services, process and environment (characteristics, features and utilities).

c) Test or calibration results (if any) at the appointed testing room;

d) The manufacturing process and quality control plans are developed and applied under the form prescribed in Appendix 14 of this Circular or copy of ISO 9001:2008 certification in case organizations or individuals announcing the conformity have the quality management system certified ISO 9001:2008;

dd) Periodical monitoring plan;

e) Report on conformity assessment consists of the contents: subjects to be certified conformity; (sign number, name) technical materials used as the grounds for conformity certification; name and address of the organization performing the conformity assessment; method of conformity assessment used; description of process of conformity assessment (sampling, assessment, time of assessment) and necessary explanations (eg: reasons for choosing the approach / method of sampling assessment); assessment results (including deviation and acceptable level); additional information.

Article 24. Registration of conformity announcement

1. Organizations or individuals announcing conformity will directly submit or via post 01 set of dossier as prescribed in the Article 23 of this Circular to the Service of Agriculture and Rural Development at localities where organizations or individuals have registered their business and production activities for registration.

2. Within 07 working days after receiving dossier for conformity announcement, if the dossier is complete as prescribed, the Service of Agriculture and Rural Development will inform in writing to the the organizations or individuals announcing the conformity of the receipt of announcement under the form specified in Annex 15 issued together with this Circular.

If the dossier does not meet the requirements as prescribed, within 05 working days, the Service of Agriculture and Rural Development will inform in writing to the the organizations or individuals announcing the conformity of inappropriate points and contents for completion and re-registration.

Article 25. Responsibilities of organizations or individuals announcing the conformity

1. Taking responsibility for the conformance of products or goods which have been announced with conformity; maintenance of quality control, periodical testing and monitoring at enterprises.

2. Using the CR marking for products or goods which have been announced with conformity as prescribed in Article 4 of this Circular before putting them into circulation in the market.

3. When detecting the inappropriateness of products, goods, services, process and environment announced with conformity with the respective technical regulation during the process of production, circulation, operation and use, they will:

a) Promptly notify the management agencies of the inappropriateness;

b) Conducting remedies of the inappropriateness. When necessary, suspending the production and business and destroying the inappropriate products or goods circulated in the market;

c) Notifying the management agencies of the remedial result of inappropriateness before resuming the production and business.

4. Keeping dossier for conformity announcement as a basis for the examination and inspection of the state management agencies.

5. Carrying out the re-registration when there is any change in the contents of the conformity announcement which has been registered.

Chapter IV:

IMPLEMENTATION ORGANIZATION

Article 26. Responsibilities of management agencies

1. Department of Science, Technology and Environment is responsible for assisting the Minister of Agriculture and Rural Development to uniformly manage and guide the conformity certification activities and conformity announcement as prescribed in this Circular;

Issuing identification number to the certification Organizations assessed and appointed.

2. The agency assessing and appointing the certification Organization as specified in Article 8 of this Circular will:

a) Summarize list of fields and subjects that must be certified with the conformity and conformity announcement as prescribed in the national technical regulations under management responsibility and announce this list in the mass media and on the website of the agency.

b) Receive dossier for registration, assessment, appointment of the certification Organizations for the fields assigned for management of the Ministry of Agriculture and Rural Development; formulate and publicly announce on their websites and appropriate media the list of certification Organizations which have been appointed for the organizations or individuals to choose them.

c) Summarize the list of products, goods, services, process and environment that have been certified with conformity, the conformity certification assigned for management to report to the Ministry of Agriculture and Rural Development (Department of Agriculture and Rural Development) and announce it on their websites.

Direct and manage the conformity certification activities and conformity announcement of assigned fields; make annual report to the Ministry of Agriculture and Rural Development on the conformity certification activities and conformity announcement.

3. Service of Agriculture and Rural Development of provinces and centrally-affiliated cities will:

a) Coordinate with the General Departments and Departments of the Ministry of Agriculture and Rural Development in urging and guiding the implementation of conformity certification and conformity announcement as prescribed by this Circular.

b) Receive dossier for registration, make an announcement of receipt of conformity announcement, prepare book to follow and manage dossier for conformity announcement as prescribed by this Circular.

c) Quarterly or irregularly upon requirement, summarize and report to the Ministry of Agriculture and Rural Development on the conformity announcement activities.

Article 27. Examination, inspection and handling of violation

1. The competent state management authorities will perform the examination, inspection and handling of violation in conformity announcement and certification activities as prescribed by law on sanction of administrative violation in the field of standard, measurement and quality of products, goods and other relevant current regulations.

2. Organizations or individuals violating regulations on conformity announcement and certification, depending on the nature and degree of violation will be handled as prescribed by current law.

Chapter V:

IMPLEMENTATION PROVISION

Article 28. Effect

1. This Circular takes effect on December 15, 2012

2. This Circular supersedes the Circular No. 83/TT-BNNPTNT dated December 25, 2009 of the Minister of Agriculture and Rural Development guiding the conformity announcement and certification activities under the management area of the Ministry of Agriculture and Rural Development; supersedes the regulations on appointing the certification Organization in the Circular No. 32/2010/TT-BNNPTNT dated June 17, 2010 of the Ministry of Agriculture and Rural Development on appointing and managing activities of the sampler, tester, testing room, seed quality certification organization, plant variety products and fertilizer and provisions on appointing the certification Organization in Article 5 of Circular No. 17/2011/TT-BNNPTNT dated April 06, 2011 of the Minister of Agriculture and Rural Development.

3. The conformity certification Organizations appointed by the Ministry of Agriculture and Rural Development under the Circular No. 83/TT-BNNPTNT dated December 25, 2009, Circular No. 32/2010/TT-BNNPTNT dated June 17, 2010, Circular No. 17/2011/TT-BNNPTNT dated April 06, 2011 of the Minister of Agriculture and Rural Development before the effective time limit will remain valid as specified in the appointment Decision.

4. Any difficulty arising during the implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development for amendment and supplementation.

 

 

 

FOR THE MINISTER
DEPUTY MINISTER




Bui Ba Bong

 

ANNEX 1

SHAPE AND SIZE OF CR MARKING
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

SHAPE AND SIZE OF CR MARKING

1. The CR marking has a shape prescribed in Figure 1.

 

4b__
 

 
 
 

 

 

 

 
 

Figure 1.  Shape of CR marking

 

2. Basic size to design the CR marking is specified in Figure 2.

4b-3

Figure 2. Basic figure of CR marking

Note: H = 1,5 a; h = 0,5 H; C = 7,5 H

 

ANNEX 2

CONTENT, ORDER AND PRINCIPLE OF USING METHODS OF CONFORMANCE ASSESSMENT
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

CONTENT, ORDER AND PRINCIPLE OF USING METHODS OF CONFORMANCE ASSESSMENT

I. Method 1: Typical sample testing

Method 1 is testing the typical sample of products or goods to conclude the conformance. The conclusion of conformance is valid for the type and category of products or goods who samples have been taken for testing.

1. Content and order for implementation of main activities in Method 1 include:

1.1. Sampling:

Conducting the sampling of type and category of products or goods. The typical sample of products or goods is the sample representing a specific type and category of products or goods manufactured by the same design, in the same condition and use of the same raw material.

The number of sample must be sufficient for the testing and storage

1.2. Conformity assessment of sample:

Sample of products or goods tested in the qualified testing room probably including testing room of the manufacturer. Priority is given to appointed testing room.

The characteristics of the products or goods in need of testing and the testing methods are specified in respective standards and technical regulations.

1.3. Processing result of conformity assessment:

Considering the characteristics of products or goods through the sample testing results against the requirements of the respective standard and technical regulations.

1.4. Conclusion of conformance

Conclusion of conformance of products or goods against the requirements of the respective standard and technical regulations. The products or goods are regarded as conformance if all indicators of tested sample are in conformity with the prescribed level of respective standard and technical regulations.

2. Principle of using method 1

Method 1 is used for conformity assessment of products or goods with the following conditions:

a) Design of products or goods allows the identification of products or goods by specific type or category.

b) Failing to consider the requirements for maintenance of quality stability.

II. Method 2: Typical sample testing associated with assessment of production process and monitoring through testing of sample taken in the market

Method 2 is based on the result of typical sample testing and assessment of production process for conclusion of conformance of products or goods. The monitoring assessment is then conducted through testing of sample of products or goods taken in the market.

1. Content and order for implementation of main activities in Method 2 include:

1.1. Sampling:

Performing as specified in Section 1.1 of Method 1.

1.2. Conformity assessment of tested sample:

Performing as specified in Section 1.2 of Method 1.

1.3. Conformity assessment of production process:

The assessment of production process must fully consider the controlling conditions of the manufacturer relating to the product making to ensure the maintenance of stability of products or goods quality. The controlling conditions include:

a) Controlling technical dossier of products (design materials, technical standards of products);

b) Controlling the entire production process from the input through the intermediate stages until the formation of the product, including the packaging, handling, storage and transportation of products;

c) Controlling the quality of raw material, semi-finished and finished products;

d) Controlling technology equipment and measurement equipment, examination and testing;

dd) Controlling the workmanship of worker and technical officers;

e) Other necessary technical contents.

In case the manufacturer has had certificate of quality management system in the field of manufacture of products and goods assessed without assessment of production process.

1.4. Processing result of conformity assessment:

Considering the characteristics of products or goods through the result of sample testing against the requirements of respective standards and technical regulations.

Considering the conformance of production process against the requirements specified in Section 1.3 of this method.

1.5. Conclusion of conformance

Conclusion of conformance of products or goods compared with the  requirements of respective standards and technical regulations. The products or goods are regarded as conformance if they meet the two following conditions:

a) All indicators of the tested sample are in conformity with the prescribed level of respective standard and technical regulations.

b) Result of assessment of production process in accordance with the requirements.

Conclusion of conformance of products or goods is valid for 3 years maximally provided that the products or goods have been assessed and monitored.

1.6. Monitoring:

During the validity of conclusion of conformance, the products or goods must be assessed and monitored by testing samples taken in the market. The frequency of assessment and monitoring must not exceed once for every 12 months.

The testing of sample of products or goods is done as specified in Section 1.1, 1.2 and 1.3 of Method 1.

The result of monitoring assessment will be used as the grounds to decide on maintenance, suspension or invalidation of conclusion of conformance.

2. Principle of using method 2:

Method 2 is used for conformity assessment of products or goods with the following conditions:

a) Products or goods are subject to risk of safety, health and environment at low level;

b) Design of products or goods allows identification of products or goods by specific type or category;

c) Paying attention to the maintenance of stability of quality characteristics of products or goods during the production process;

d) The quality of products or goods are likely modified during the process of distribution and circulation in the market;

dd) Organizations or individuals producing or trading products or goods will have effective measures to destroy products or goods from the market when detecting their nonconformance in the monitoring process.

III. Method 3: Typical sample testing combining the production and monitoring process, monitoring through testing of samples taken at the production site associated with the production process.

Method is based on the result of typical sample testing and assessment of production process for conclusion of conformance. The monitoring assessment is done through testing of sample of products or goods taken from the production site associated with assessment of production process.

1. Content and order for implementation of basic activities in Method 3 include:

Sampling:

Performing as specified in Section 1.1 of Method 1.

1.2. Conformity assessment of tested sample

Performing as specified in Section 1.2 of Method 1.

1.3. Conformity assessment of production process:

Performing as specified in Section 1.3 of Method 2.

1.4. Processing result of conformity assessment:

Performing as specified in Section 1.4 of Method 2.

1.5. Conclusion of conformance:

Performing as specified in Section 1.5 of Method 2.

1.6. Monitoring:

During the validity of conclusion of conformance, the products or goods must be assessed and monitored by testing samples at production site associated with assessment of production process. The frequency of assessment and monitoring must not exceed once for every 12 months.

The testing of sample of products or goods is done as specified in Section 1.1, 1.2 and 1.3 of Method 1.

The assessment of production process is done as specified in Section 1.3 of Method 2.

The result of monitoring assessment will be used as the grounds to decide on maintenance, suspension or invalidation of conclusion of conformance.

2. Principle of using Method 3:

Method 3 is used for conformity assessment of products or goods with the following conditions:

a) Products or goods are subject to higher risk of safety, health and environment than the products or goods that are assessed by method 2;

b) Design of products or goods allows identification of products or goods by specific type or category;

c) Paying attention to the maintenance of stability of quality characteristics of products or goods during the production process;

d) The quality of products or goods are likely modified during the process of distribution and circulation in the market;

dd)It is difficult to take effective measures to destroy the products from the market when detecting their nonconformance in the monitoring process.

IV. Method 4: Typical sample testing and assessment of production process; monitoring through testing sample taken at production site and in the market associated with assessment of production process

Method 4 is based on the result of typical testing and assessment of production process for conclusion of conformance. The monitoring assessment is then conducted through testing of sample of products or goods taken at the production site and in the market associated with assessment of process of production.

1. Content and order for implementation of basic activities in Method 4 include:

1.1. Sampling:

Performing as specified in Section 1.1 of Method 1.

1.2. Conformity assessment of tested sample:

Performing as specified in Section 1.2 of Method 1.

1.3. Conformity assessment of production process:

Performing as specified in Section 1.3 of Method 2.

1.4. Processing result of conformity assessment:

Performing as specified in Section 1.4 of Method 2.

1.5. Conclusion of conformance

Performing as specified in Section 1.5 of Method 2.

1.6. Monitoring:

During the validity of conclusion of conformance, the products or goods must be assessed and monitored by testing samples taken at production site and in the market associated with assessment of production process. The frequency of assessment and monitoring must not exceed once for every 12 months.

The testing of sample of products or goods is done as specified in Section 1.1, 1.2 and 1.3 of Method 1.

The assessment of production process is done as specified in Section 1.3 of Method 2.

The result of monitoring assessment will be used as the grounds to decide on maintenance, suspension or invalidation of conclusion of conformance.

2. Phương thức 4:

Principle of using Method 4:

Method 4 is used for conformity assessment of products or goods with the following conditions:

a) Products or goods are subject to higher risk of safety, health and environment than the products or goods that are assessed by method 3;

b) Design of products or goods allows identification of products or goods by specific type or category;

c) Paying attention to the maintenance of stability of quality characteristics of products or goods during the production process;

d) The quality of products or goods is likely destabilized during the production process and modified during the distribution and circulation in the market;

dd) It is difficult to take effective measures to destroy the products from the market when detecting their nonconformance in the monitoring process.

V. Method 5: Typical sample testing and assessment of production process; monitoring through testing sample taken at production site and in the market associated with assessment of production process

Method 5 is based on the result of typical testing and assessment of production process for conclusion of conformance. The monitoring assessment is then conducted through testing of sample of products or goods taken at the production site and in the market associated with assessment of process of production.

1. Content and order for implementation of basic activities in Method 5 include:

1.1. Sampling:

Performing as specified in Section 1.1 of Method 1.

1.2. Conformity assessment of tested sample:

Performing as specified in Section 1.2 of Method 1.

1.3. Conformity assessment of production process:

Performing as specified in Section 1.3 of Method 2.

1.4. Processing result of conformity assessment:

Performing as specified in Section 1.4 of Method 2.

1.5. Conclusion of conformance:

Performing as specified in Section 1.5 of Method 2.

1.6. Monitoring:

During the validity of conclusion of conformance, the products or goods must be assessed and monitored by testing samples taken at production site and in the market associated with assessment of production process. The frequency of assessment and monitoring must not exceed once for every 12 months.

The testing of sample of products or goods is done as specified in Section 1.1, 1.2 and 1.3 of Method 1.

The assessment of production process is done as specified in Section 1.3 of Method 2.

The result of monitoring assessment will be used as the grounds to decide on maintenance, suspension or invalidation of conclusion of conformance.

2. Principle of using Method 5:

Phương thức 5 được sử dụng để đánh giá hợp quy của sản phẩm, hàng hoá với các điều kiện:

Method 5 is used for conformity assessment of products or goods with the following conditions:

a) It is necessary to use a reliable method such as Method 4, but allow flexibility in the use of monitoring measures to reduce costs;

b) It is necessary to use a method commonly applied towards the mutual recognition of result of conformity assessment.

VI. Method 6: Assessment and monitoring of management system

Method 6 is based on the assessment of management system in order to conclude the conformance of the management system with provisions of respective standards and technical regulations.

1. Content and order for implementation of basic activities in Method 6 include:

1.1. Conformity assessment of the management system:

- The management system is assessed in accordance with provisions of respective standards and technical regulations.

- Report on result of assessment compared with provisions of respective standards and technical regulations.

1.2. Conclusion of conformance:

Based on the report on result of assessment and conclusion of conformance of management system with provisions of respective standards and technical regulations.

Conclusion of conformance of management system is valid 03 years maximally provided that the management system is assessed and monitored.

1.3. Monitoring of management system

- Monitoring through assessment of management system with the frequency of assessment and monitoring must not exceed once for every 12 months.

- The result of monitoring is the grounds for decision on further maintenance, suspension and cancellation of conformance of management system.

2. Principle of using Method 6:

Method 6 is used for conformity assessment of processes, services and environment having management system in accordance with provisions of respective standards and technical regulations.

VII. Method 7: Testing and assessment of batch of product or goods

Method 7 is based on the result of testing of sample of products or goods taken by the method of statistical probability for the batch of products and goods to draw conclusion about conformance of the batch. The conclusion of conformance is only valid for the specific batch of products or goods and needs no implementation of following measures of monitoring.

1. Content and order for implementation of basic activities in Method 7 include:

1.1. Sampling:

The tested sample is the one taken by the method of statistic to ensure representation for the entire batch of goods.

The number of sample must be sufficient for testing and storage.

1.2. Conformity assessment of tested sample:

Performing as specified in Section 1.2 of Method 1.

1.3. Processing the result of conformity assessment:

Reviewing the characteristics of products or goods through the result of sample testing with the provisions of respective standards and technical regulations.

1.4. Conclusion of conformance:

The batch of product or goods is regarded as conformance with regulation if the number of tested sample has conformable result within the permitted limit.

The batch of product or goods is regarded as nonconformance with regulation if the number of tested sample has the nonconformable result exceeding the permitted limit.

2. Principle of using Method 7:

Method 7 is used for conformity assessment of products or goods with the following conditions:

a) Products or goods are classified according to homogeneous batch;

b) Failing to review the requirements to ensure the maintenance of stability of quality.

VIII. Method 8: Testing or inspection of all products or goods

Method 8 is based on the result of testing or inspection of all products or goods to draw conclusion about conformance before putting them into circulation and use. The conclusion of conformance is only valid for each product and needs no further measures of monitoring.

1. Content and order for implementation of main activities in Method 8 include:

1.1. Identification of products or goods in need of testing or inspection;

1.2. Conformity assessment of products or goods:

a) The testing or inspection of products or goods will be conducted by qualified testing or inspection room at the production, installation or utilization site or testing or inspection room appointed by the Ministry of Agriculture and Rural Development.

Priority is given to the accredited testing or inspection room.

b) The characteristics of products or goods in need of testing or inspection and method of testing or inspection specified in respective standard and technical regulations

1.3. Processing result of conformity assessment:

Reviewing characteristics of products or goods through the testing or inspection result compared with the requirement.

1.4. Conclusion of conformance:

The products or goods are regarded as conformance if all indicators of products or goods tested or inspected are in conformity with the prescribed level of respective standard and technical regulations.

2. Principle of using Method 8:

Method 8 is used for conformity assessment of products or goods with stringent requirement for safety before being put into circulation and use.

 

ANNEX 3

REGULATION ON IDENTIFICATION NUMBER ISSUED TO CONFORMITY CERTIFICATION ORGANIZATION
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

IDENTIFICATION NUMBER ISSUED TO CONFORMITY CERTIFICATION ORGANIZATION

The conformity certification organization is issued with identification number as follows: xx-yyyy-BNN, in which:

- Group of 2 digits indicating the name of province or city in the Table below

- yyyy: Group of 4 digits indicating the order of the certification Organization

- BNN: group of abbreviated letter of “ Ministry of Agriculture and Rural Development”

TABLE: IDENTIFICATION NUMBER INDICATING NAME OF PROVINCES AND CENTRALLY-AFFILIATED CITIES

No.

Name of province

Identification number

TT

Name of province

Identification number

1

An Giang

89

33

Kon Tum

62

2

Bac Lieu

95

34

Lai Chau

12

3

Ba Ria – Vung Tau

77

35

Lang Son

20

4

Bac Can

06

36

Lao Cai

10

5

Bac Giang

24

37

Lam Dong

68

6

Bac Ninh

27

38

Long An

80

7

Ben Tre

83

39

Nam Dinh

36

8

Binh Duong

74

40

Nghe An

40

9

Binh Dinh

52

41

Ninh Binh

37

10

Binh Phuoc

70

42

Ninh Thuan

58

11

Binh Thuan

60

43

Phu Tho

25

12

Cao Bang

04

44

Phu Yen

54

13

Ca Mau

96

45

Quang Binh

44

14

Can Tho

92

46

Quang Nam

49

15

Da Nang

48

47

Quang Ngai

51

16

Dak Lak

66

48

Quang Ninh

22

17

Dac Nong

67

49

Quang Tri

45

18

Dong Nai

75

50

Soc Trang

94

19

Dong Thap

87

51

Sơn La

14

20

Dien Bien

11

52

Tay Ninh

72

21

Gia Lai

64

53

Thai Binh

34

22

Ha Giang

02

54

Thai Nguyen

19

23

Ha Nam

35

55

Thanh Hoa

38

24

Hanoi

01

56

Ho Chi Minh

79

25

Ha Tinh

42

57

Thua Thien Hue

46

26

Hai Duong

30

58

Tien Giang

82

27

Hai Phong

31

59

Tra Vinh

84

28

Hau Giang

93

60

Tuyen Quang

08

29

Hoa Binh

17

61

Vinh Long

86

30

Hung Yen

33

62

Vinh Phuc

26

31

Khanh Hoa

56

63

Yen Bai

15

32

Kien Giang

91

 

 

 

 

ANNEX 4

FORM OF CERTIFICATE OF CONFORMITY CERTICATION OPERATION REGISTRATION
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------------------

……….., date ……month ……. year 200.....

CERTIFICATE OF CONFORMITY CERTICATION OPERATION REGISTRATION

To: ...................( General Department/Department)..............

1. Name of organization:.........………......................................................................

2. Contact address: ………………………………………………................

Tel:………… Fax: ………………. E-mail: …………..............

3. Establishment Decision/ (if any), Business registration Certificate............Issued by: ......................on date: …………........…….at .....................................

4. Accompany documents:

- .....

- .....

5. After reviewing the conditions for certification and announcement of conformity specified in Decree No. 127/2007/ND-CP dated August 01, 2007 of the Government detailing a number of articles of the Law on Standards and Technical Regulations, the Circular No. ...../2012/TT-BNNPTNT dated.................2012 of the Minister of Agriculture and Rural Development guiding theconformity certification operation and conformity announcement, we find that there are sufficient conditions for conformity certification operation in the following fields and subjects:

- .............. (products, goods, services, processes and environment)

We kindly request (name of competent state management agency) to consider appointing ( name of organization) to operate the certification of conformity for respective fields and subjects.

We are committed to comply with the regulations on the certification of conformity. /.

 

 

Organization’s representative of....

(Full name, signature and seal )

 

ANNEX 5

FORM OF REPORT ON CAPACITY OF CERTIFICATION ORGANIZATION
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------------------

……….., date ……month ……. year 200.....

REPORT ON CAPACITY OF CERTIFICATION ORGANIZATION

To:   ............(General Department/Department) ..........

1. Name of organization:.........………..........................................................................

2. Address: ………………………………………………................

In order for the (General Department/Department) to have the grounds to assess and appoint (name of organization) to participate in the certification of conformity on (fields to be certified), we hereby report our capacity as follows:

2.1 Organization (brief description of the organizational structure of the certification Organization, particlularly clearly identifying the leadership level responsible for the entire certification of conformity on (fields to be certified), and specifically describing the qualification and experience of the assessing experts of certification Organization)

2.2 Testing room/ sub-contractors for testing (providing information about the organization's testing room of the certification Organization or contracts / agreements with sub-contractor about testing in the list of testing room appointed by the Ministry of Agriculture and Rural Development)

2.3 The quality management system (brief description of the quality management system of the certification Organization).

2.4 The certification of conformity (description of necessary steps for certification of conformity, including the conditions and procedures for issuance, maintenance, extension of scope, suspension and invalidation of result of certification of conformity)

2.5 The system of dossier and documents (brief description of the relevant documents certification Organization, procedures for update, storage and control of documents)

2.6 Monitoring (brief description of procedures for monitoring of the certification Organization)

 

 

Organization’s representative of....

(Full name, signature and seal )

 

ANNEX 6

FORM OF LIST OF ASSESSING EXPERTS OF CERTIFICATION ORGANIZATION
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

NAME OF ORGANIZATION:   .......

LIST OF ASSESSING EXPERTS OF CERTIFICATION ORGANIZATION REGISTERING APPOINTMENT

No.

Full name

Professional training certificate

Certificate of management system training

Assessment of expert’s qualification

Expert’s qualification (assessment/technique..)

Assessment experience, professional tasks

Official/ Type of labor contract signed

Note

1

 

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

4

 

 

 

 

 

 

 

 

....

 

 

 

 

 

 

 

 

 

 

........., date........month......year.....

Organization’s representative of....

(Full name, signature and seal )

 

ANNEX 7

FORM OF LIST OF DOCUMENTS FOR CERTIFICATION ACTIVITIES
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

NAME OF ORGANIZATION:……………

LIST OF DOCUMENTS FOR CERTIFICATION ACTIVITIES

No.

Name of document

Identification number

Valid from

Issuing agency

Note

1

 

 

 

 

 

2

 

 

 

 

 

3

 

 

 

 

 

4

 

 

 

 

 

5

 

 

 

 

 

6

 

 

 

 

 

7

 

 

 

 

 

8

 

 

 

 

 

9

 

 

 

 

 

10

 

 

 

 

 

…….

 

 

 

 

 

……..

 

 

 

 

 

 

 

........., date........month......year.....

Organization’s representative of....

(Full name, signature and seal )

 

ANNEX 8

RESPONSIBILITIES OF HEAD OF TEAM AND ASSESSOR
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

RESPONSIBILITIES OF HEAD OF TEAM AND ASSESSOR

1. Head of Team:

a) Operating and directing the members of the Team to properly carry out the contents specified in Decision on setup of assessment Team

b) Guaranteeing objectivity, accuracy and honesty in the assessment process

c) Signing record of assessment, report on assessment result and taking responsibility before the head of assessing agency and before law for the assessment result performed by the assessment Team.

d) Giving final conclusion of the assessment Team about the assessment results;

dd) Securing information relating to operation secret of the certification Organization assessed and securing the assessment result when there is no official conclusion.

e) Not performing the consulting services on scope of assessment and appointment for the certification Organization to register the conformity certification.

2. Assessor:

a. Assessing the conformity of the current status of certification Organization against the relevant provisions and technical regulations;

b) Performing the work contents assigned by the Head of the inspection Team

c) Complying with the order, assessment procedures, ensuring objectivity, accuracy, truthfulness when making the assessment;

d) Taking responsibility and reporting the results of the work assigned to the team leader

dd) Securing information relating to the operation of certification organization assessed and securing the assessment result when there is no official conclusion.

e) Not performing the consulting services on scope of assessment and appointment for the certification Organization to register the conformity certification.

 

ANNEX 9

GUIDANCE ON IDENTIFYING LEVELS OF ERROR
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

GUIDANCE ON IDENTIFYING LEVELS OF ERROR IN THE ASSESSMENT PROCESS OF CONFORMITY CERTIFICATION ORGANIZATION

1. The conformity certification organization on (field to be certified) will not be considered for its appointment in case of detection of the big errors. The levels of errors are defined as follows:

- Level of big error: The certification Organization does not meet one of the conditions specified in Article 8 of this Circular affecting the result of conformity certification.

- Level of minor error: The certification Organization does not meet one of the conditions specified in Article 8 of this Circular. However, these errors may be remedied immediately and have not affected the result of conformity certification.

- Level of recommendation: The rrors other than the ones mentioned above.

2. The assessing and appointing agency will develop the form guiding the method of assessment of conformity certification Organizations in the field assigned in Article 10 of this Circular.

 

ANNEX 10

FORM OF DECISION ON APPOINTMENT OF CONFORMITY CERTIFICATION ORGANIZATION
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
(Name of General Department/ Department.....)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------------------

...(Decision No.)......

.........., date.........month........year.......

 

DECISION

On appointing conformance certification Organization

 (Director of General Department/ Director of Department...)

Based on the Decision No.............dated.........of ......stipulating function, tasks, powers and organizational structure of General Department/ Department

Pursuant to Circular No......./ 2012/TT-BNNPTNT dated .......2012 of the Minister of Agriculture and Rural Development guiding the conformity certification and announcement under the management of the Ministry of Agriculture industrial and rural Development;

Considering the proposal of .....(name of unit under General Department assigned to verify dossier for appointment registration),

DECIDES :

Article 1. Appointing ..........(name of certification Organization) under........(name of governing body, if any), address..........to perform the conformity certification.....(name of the field of products, goods, services, processes and environments appointed) in accordance with national technical regulations....(name of technical regulation, sign number); Identification number (of the certification Organization appointed): xx-yyyy-BNN

Article 2. The validity of this Decision is 3 years from the signing date.

Article 3. Organization.....(name of certification Organization) is responsible for conformity certification for state management when necessary and must comply with regulations and guidance of the competent state agency.

Article 4. Organizations named in Article 1 and agencies and organizations concerned are liable to execute this Decision. /.

 



DIRECTOR OF GENERAL DEPARTMENT/DIRECTOR OF DEPARTMENT

(Signature and seal)

 

ANNEX 11

FORM OF DECISION ON CHANGE AND SUPPLEMENTATION OF FIELDS AND SUBJECTS OF CONFORMITY CERTIFICATION
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT (Name of General Department/ Department.....)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------------------

...(Decision No.)......

.........., date.........month........year.......

 

DECISION

ON CHANGE AND SUPPLEMENTATION OF FIELD OF CONFORMITY CERTIFICATION

(DIRECTOR OF GENERAL DEPARTMENT, DIRECTOR OF DEPARTMENT...)

Pursuant to Decision No. ..................... on .... / ... / .... of .......stipulating the functions, powers and organizational structure of the ..... (name of the General Department / Department);

Pursuant to Circular No......./ 2012/TT-BNNPTNT dated ..... 2012 of the Ministry of Agriculture and Rural Development guiding the conformity certification and announcement under the management of the Ministry of Agriculture and Rural Development;

Considering the proposal of .....(name of unit under the General Department or Department assigned to verify dossier for appointment registration),

DECIDES :

Article 1. Changing or supplementing the fields and subjects of conformity certification for .......(name of certification Organization) under........(name of governing body, if any), address......., Identification number (of the certification Organization appointed): xx-yyyy-BNN

Article 2. Fields and subjects of conformity certification are changed or supplemented ......( name of the field of products, goods, services, processes and environments appointed

Article 3. Validity of this Decision is 3 years from the signing date.

Article 4. Organization.....(name of certification Organization) is responsible for conformity certification for state management when necessary and must comply with regulations and guidance of the competent state agency.

Article 5. Organizations named in Article 1 and agencies and organizations concerned are liable to execute this Decision. /.

 



DIRECTOR OF GENERAL DEPARTMENT/DIRECTOR OF DEPARTMENT

(Signature and seal)

 

ANNEX 12

FORM OF REPORT ON CONFORMITY CERTIFICATION
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

 “Name of governing body”

Name of certification Organization appointed

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------------------

.........., date.........month........year 200.....

 

REPORT

STATUS OF CONFORMITY CERTIFICATION

(From date..../..../20  ... to date..../..../20 ....)

To:   .....................(Name of General Department/Department).....................

1. Name of certification Organization appointed:…………………………………………...

2. Address:................................................................................................................

3. Tel:..........................Fax:..............................E-mail:................................

4. Operation status

……….............(name of certification Organization appointed) reports the operation status of conformity certification from  date.... .../..../20 ...to date .../..../20 ... as follows:

a) Unit certified in the reporting period

No.

Name of Unit certified

Address

Fields/Subjects

Name of technical regulation

Time/ Validity of Certification

Specify expiration year)

Note

 

 

 

 

 

 

 

 

b) Unit having invalidated or expired certificate (if any) in the reporting period

No.

Name of Unit certified

Address

Fields/Subjects

Name of technical regulation

Time/ Validity of Certification

Specify expiration year)

Note

 

 

 

 

 

 

 

 

5. Proposal/recommendation (if any)

……………………………………………………………………………...

 (name of certification Organization appointed) reports to the (name of General Department/Department).

 

 

Name of certification Organization appointed

 (Signature and seal of competent representative)

 

ANNEX 13

FORM OF CONFORMITY ANNOUNCEMENT
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

 

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------------------

 

 

CONFORMITY ANNOUNCEMENT

No .............

 

Name of organization or individual:.....................................................................................

 

Address:............................................................................................................

 

Tel:......................................Fax:..........................................................

 

E-mail..............................................................................................................

 

ANNOUNCEMENT :

 

Products, goods, services, environments (name, type, category, brand, technical feature,...)

...........................................................................................................................

..........................................................................................................................

In conformity with technical regulation (sign number, symbol, name)

...........................................................................................................................

...........................................................................................................................

Additional information (based on conformity announcement, method of conformity assessment...):

..................................................................................................................................

..................................................................................................................................

..................................................................................................................................

 

 

.............., date......month.......year..........

Representative of organization or individual

(Signature, position and seal)

 

 

 

ANNEX 14

FORM OF QUALITY CONTROL PLAN
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

 

QUALITY CONTROL PLAN

Products, goods, processes, services and environments:..........

Specific processes of production

Quality control plan

 

Controlling indicators

Technical regulation

Frequency of sampling/sample size

Testing/ checking equipment

Method of testing/ checking

Recording table

Note

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

 

 

 

 

 

 

 

 

 

 

 

 

............., date....... month ........ year .....

Enterprise’s representative

(Signature/seal)

 

ANNEX 15

FORM OF ANNOUNCEMENT OF RECEIPT OF CONFORMITY ANNOUNCEMENT
(Issued together with Circular No. 55 / 2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development)

"Name of governing body"

"Name of agency receiving announcement”

No.:.................................

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------------------

.........., date.........month........year 200.....

 

ANNOUNCEMENT OF RECEIPT OF CONFORMITY ANNOUNCEMENT

.... (Name of agency receiving the announcement) ..... certifies the receipt of conformity announcement from:

........................... (name of enterprise)..................

Enterprise’s address:....................................................................................

for products, goods, services, processes and environment (description of products or goods) .......................................................................................................

.......................................................................................................

in conformity with technical regulation: (technical regulation No. ) .......................................................................................................

.......................................................................................................

This announcement only records the commitment of the enterprise and has no value of certification for products, goods, services, processes and environments in conformity with the respective technical regulations. The enterprise must take full responsibility for the conformance of products, goods, processes and services and environments that it has produced, traded and operated

 

 

................, date ..... month ...... year ...........

Competent representative of agency receiving announcement

(Signature, position and seal)

 

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Thuộc tính Văn bản pháp luật 55/2012/TT-BNNPTNT

Loại văn bảnThông tư
Số hiệu55/2012/TT-BNNPTNT
Cơ quan ban hành
Người ký
Ngày ban hành31/10/2012
Ngày hiệu lực15/12/2012
Ngày công báo...
Số công báo
Lĩnh vựcThương mại
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật9 năm trước
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          Circular No. 55/2012/TT-BNNPTNT appointing conformity certification organization
          Loại văn bảnThông tư
          Số hiệu55/2012/TT-BNNPTNT
          Cơ quan ban hànhBộ Nông nghiệp và Phát triển nông thôn
          Người kýBùi Bá Bổng
          Ngày ban hành31/10/2012
          Ngày hiệu lực15/12/2012
          Ngày công báo...
          Số công báo
          Lĩnh vựcThương mại
          Tình trạng hiệu lựcCòn hiệu lực
          Cập nhật9 năm trước

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