Quyết định 11/2008/QD-BXD

DECISION

PROMULGATING THE REGULATION ON ACCREDITATION AND MANAGEMENT OF LABORATORIES DEDICATED TO CONSTRUCTION

THE MINISTER OF CONSTRUCTION

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

Pursuant to Ordinance on Measurement dated July 06, 1990;

Pursuant to the Government’s Decree No. 06/2002/NĐ-CP dated January 14, 2002 detailing the implementation of the Ordinance on Measurement;

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

At the request of the Director of the Department of Science, Technology and Environment,

HEREBY DECIDE:

Article 1. Enclosed herewith is the regulation on accreditation and management of laboratories dedicated to construction This Decision supersedes the Minister of Construction’s Decision No. 65/BXD-KHCN dated March 22, 1995 promulgating the regulation on accreditation of laboratories dedicated to construction.

Article 2. This Decision takes effect after 15 days since the Official Gazette is published.

Article 3. Chief of the Ministry Office, the Director of the Department of Science, Technology and Environment, heads of departments and institutes affiliated to the Ministry of Construction, relevant organizations and individuals shall be responsible for executing this Decision.

THE REGULATION

ACCREDITATION AND MANAGEMENT OF LABORATORIES DEDICATED TO CONSTRUCTION
(Enclosed with the Minister of Construction's Decision No. 11 /2008/QĐ-BXD dated July 01, 2008)

Chapter I.

GENERAL PROVISIONS

Article 1. Governing scope

This Regulation defines registration, assessment, accreditation and management of laboratories dedicated to construction.

Article 2. Regulated entities

This Regulation applies to laboratories that conduct experiments and provision of test data serving research, survey, design, construction, inspection and acceptance of quality of materials and construction works.

Article 3. Interpretation of terms

In this Regulation, some terms are construed as follows:

1. Laboratories dedicated to construction (hereinafter referred to as dedicated laboratories) mean the laboratories that conduct experiments and provision of test data for serving research, survey, design, construction, inspection and acceptance of quality of materials and construction works.

2. Accredited laboratories mean the laboratories that are scrutinized and accredited as laboratories with LAS-XD code by the Ministry of Construction. Dedicated laboratories must be registered for legal recognition before they provide test data.

3. Laboratory qualifications mean working capacity of laboratories that are evaluated through criteria on working space and environment, facilities and personnel qualifications corresponding to technical standards of tests; laboratory organization and management capability and quality management system.

4. Training certificates for personnel of laboratories mean documents certifying capacity to manage laboratories and conduct tests granted by Vietnam’s functional agencies and international organizations (accredited by the Ministry of Construction)

5. Laboratory management establishments mean organizations (including foreign organizations) that register practicing according to laws and have dedicated laboratories operating within Vietnam’s territory.

6. Accreditation body means the central agency affiliated to the Ministry of Construction that manages the tasks of measurement in the area of construction (the Department of Science, Technology and Environment).

7. Training agencies mean the agencies that are publicly announced by the Ministry of Construction as adequately qualified to provide professional training to management personnel and staff working in dedicated laboratories.

8. Ministries managing specialized construction works: the Ministry of Transport (Traffic technical infrastructure works), the Ministry of Agriculture and Rural Development (Irrigation works).

Article 4. Laboratory management establishments must carry out registration for performing scrutiny and accreditation of qualifications of laboratories.

Article 5. Laboratory management establishments must make registration for re-accreditation of laboratories if they have demands for expansion or reduction of operation capability or continue operation when validity of the decision is about to expire. Applications for re-accreditation should be in compliance with provisions set out in Chapter II hereof.

Article 6. Dedicated laboratories examined and evaluated to have met requirements as prescribed hereof shall be considered and granted the Accreditation Decision by the Ministry of Construction. Validity period of the Accreditation Decision is no more than three years since it is signed.

The Accreditation Decision for dedicated laboratories shall not function in lieu of practicing capabilities under the Law on Construction.

Article 7. Laboratory management establishments must pay charges upon registration for accreditation according to applicable regulations and incur all other expenses (traveling, communication means...) for assessment activities at laboratories.

Chapter II.

APPLICATIONS FOR ACCREDITATION OF DEDICATED LABORATORIES

Article 8. Applications for accreditation or re-accreditation of dedicated laboratories are prescribed in Standard TCXDVN 297-2003 (dedicated laboratories, accredited standards), including:

- Application form for accreditation of dedicated laboratories (according to forms prescribed in Appendix TCXDVN 297-2003);

- Laboratory establishment decision issued by immediately superior agency;

- Laboratory manager appointment decision;

- Certificates of inspection/calibration for testing and measuring equipment issued by competent agencies (copy);

- Training certificates granted to laboratory managers, staff or technical employees by training agencies;

- Reports on capability and performance of laboratories (according to forms prescribed in Appendix, TCXDVN 297-2003);

- Drawings of laboratory layout plan (room sizes, positions of testing equipment...) and working conditions;

- Purchase/sale contracts, invoices and transfer note for testing and measuring equipment; decisions on transfer of equipment from other agencies issued by competent authorities;

- Employment contracts with respect to laboratory managers and staff registered in the application;

- Copy of Certificate of quality management system according to TCVN ISO 9001:2000 (for laboratories applying for re-accreditation);

Article 9. Registration for recognition of additional items includes:

- Application form (according to forms prescribed in Appendix TCXDVN 297-2003);

- Certificates of inspection/calibration for additional equipment;

- Reports on capability and performance of laboratories (according to Appendix TCXDVN 297-2003); for facilities and list of tests, only additional items are specified.

- Copy of documents proving facilities are purchased or transferred from other agencies;

Article 10. Applications are dispatched to the Accreditation Body. If the application fails to meet requirements as prescribed, within seven working days, the Accreditation Body shall issue a written notice or guidance to laboratory management establishments for supplements.

Chapter III

ASSESSMENT OF LABORATORY QUALIFICATIONS

Article 11. Depending on scale, complexity and quantity of tests, the Ministry of Construction shall make decisions on the establishment of a team of consultants to carry out assessment of laboratory qualifications. The team of consultants includes representatives of the Accreditation Body, construction quality management agencies in localities and dedicated laboratory experts.

Article 12. Assessment of laboratories includes:

- Laboratory establishment decision, laboratory manager appointment decision;

- Collate sale/purchase contracts, invoices and transfer notes of testing equipment; decisions on transfer of facilities issued by competent authorities; employment contracts with laboratory managers and staff;

- Confirm conformity with Standard TCXDVN 297-2003: working conditions and environment of laboratories; training certificates granted to laboratory managers and staff; current conditions of facilities and certificates for inspection/calibration for facilities; standards and technical documents of laboratories;

- Inspect quality management system of laboratories: processes of surveying and taking samples at the site; instructions on use and operation of equipment and process of testing for each test; records (delivery and receipt of samples; test results, storage of samples); test result notes; certificates of quality management system of laboratories according to Standard TCVN ISO 9001:2000 (for facilities that make registration for re-accreditation).

Article 13. After the assessment is finished, the team of consultants shall report the results (according to forms in Appendix 1). Based on such reports, the Accreditation Body shall make requests to the Ministry of Construction for consideration and making decisions on accreditation of the laboratory (according to form in Appendix 2).

Chapter IV.

ORGANIZATION AND OPERATION OF LABORATORIES

Article 14. Accredited dedicated laboratories must be organized and managed to regularly maintain quality management system of laboratories and ensure objectivity and accuracy of the tests according to registered standards. Laboratory management establishments shall be fully responsible to the laws for organizing and managing operation of accredited dedicated laboratories.

Article 15. Apart from non-destructive tests directly conducted at construction sites through hand-held devices or recognized site tests, test equipment placed in temporary laboratories at the site must be re-verified/re-calibrated according to laws on measurement before conducting tests.

Article 16. Laboratories shall store and protect test samples before and after experiments as required by each test.

Article 17. Notes of test result must be established by the laboratory management establishment and contain following information:

- Name of the laboratory management establishment;

- Name and address of the laboratory code LAS-XD;

- Number of the economic contract or written requests for experiments by requesting unit;

- Name of project/construction work/work item to be surveyed, sampled, and tested;

- Name of the supervising officer from the investor during the sampling and testing;

- Types of test samples;

- Standards and test equipment;

- Test results;

- Time for establishment of notes of test result;

- Signatures of laboratory staff and managers; the investor’s supervisors;

- Signatures of competent persons and legal seal of the laboratory management establishment;

Article 18. Note of test result helps provide test data from the test samples to the investor and other parties in connection with the construction. The note of test result does not replace written assessment made by the consultant or quality inspection council according to regulations on construction quality management.

Article 19. Records of test results, sample receipts and notes of test result must be stored and preserved for at least five years. Records of test results should not be erased or corrected. Any mistake or error made during the recording must be struck through and re-written on the next lines with signatures of the laboratory staff.

Chapter V

MANAGEMENT OF LABORATORY OPERATION

Article 20. The system of dedicated laboratories is publicly announced on the portal of the Ministry of Construction at www.xaydung.gov.vn. Information about the system includes:

- Name, address and code of laboratory (LAS-XD);

- Decision on accreditation of laboratory;

- List of tests and testing techniques accompanied by the Accreditation decision;

- List of laboratory managers and staff;

- List of laboratories, laboratory managers and staff suspended from operation as a result of violations committed.

Article 21. Upon changing laboratory management establishment/laboratory managers or staff registered, the accredited laboratory management establishment must make a written notice to the Accreditation Body enclosing a copy of the decision on change of laboratory management establishment granted by competent authorities/Appointment Decision/Training certificates for laboratory management (in case of managers)/Certificates of laboratory training (in case of staff).

Article 22. The accredited laboratory management establishment must send a copy of the Accreditation Decision and a written notice to construction authorities in localities where the laboratory is located before starting operation.

Article 23. Before carrying out a survey, taking samples and conducting tests for a particular project, the laboratory management establishment must make a written notice to construction authorities in localities where the project is located about (a) Name and address of the laboratory (b) Address of project site (c) List of test criteria for the project (d) List of laboratory officers and staff on site.

Article 24. Inspection and investigation into dedicated laboratories

1. Activities of dedicated laboratories shall be subject to regular or irregular inspection by the Accreditation Body and construction authorities in localities where registered laboratories are located and where activities of surveying, sample taking and testing are conducted.

2. Inspection and investigation involves conformity between laboratory capacity and requirements specified in the Accreditation decision (working conditions and environment of laboratories; testing facilities, inspection/calibration certificates; training certificates for lab managers and staff; quality management system); compliance with laws on production and business (economic contracts, contract clearance); processes of surveying, sample taking, testing and quality inspection according to regulations on construction quality management.

3. Result of inspection and investigation conducted by local construction authorities shall be documented and sent to the Ministry of Construction for handling as prescribed.

Article 25. Suspension and termination of Accreditation decision

1. Accreditation decision shall be temporarily suspended when laboratories commit one of the following acts:

- Failure to make notifications about change of laboratory personnel (managers, staff) or change of location of registered laboratories.

- Failure to make notifications as prescribed in Articles 22 and 23.

- Failure to maintain quality management system of laboratories regularly including: processes of surveying, sample taking, testing; system of standards and technical documents serving the tests (hard copy); inspection/calibration certificates; storage of test samples; records of receipt of test samples, tests and test results;

- Notes of test result are misrepresented or inadequately provided as prescribed in Article 17; names of laboratory managers or staff are not included in the list registered for conducting tests; laboratory staff performing tests are not included in the accredited list or not granted training courses on such tests.

- Failure to perform requests made by state administration agencies in investigation and inspection of laboratories;

- Failure to send annual reports of laboratory performances to the Accreditation Body as prescribed in Article 26 hereof;

2. Accreditation decision shall be revoked or terminated in one of the following cases:

- Laboratory management establishments shall make public notice about termination of laboratory operation.

- Accredited laboratories can not remedy specified shortcomings after temporary suspension of accreditation.

- Laboratories that commit acts as described in Clause 3, Article 25;

3. Transfer of records to competent agencies for handling according to laws when laboratories commit one of the following acts:

- Figures about test results provided are found fictitious.

- Figures provided are found deviation from real test results that cause serious damage to construction quality.

4. When evidence of violations committed during operation of laboratories is found, inspection and investigation agencies shall carry out documentation and propose necessary measures (temporary suspension, revocation and termination of the Accreditation decision; transfer of records to competent agencies for handling as prescribed).

Article 26. Laboratory management establishments shall make reports on annual performance of dedicated laboratories (see Form in Appendix 3) to the Accreditation Body before January 31 the following year.

Chapter VI.

IMPLEMENTATION

Article 27. The Ministry of Construction shall unify the management of dedicated laboratories code LAS-XD. Construction work management agencies, People’s Committees of central-affiliated cities and provinces shall cooperate with the Ministry of Construction in organizing and managing laboratories under this Regulation serving construction quality management within management.

Article 28. Laboratory management establishments shall be responsible for managing operation of laboratories under this Regulation; complying with laws on production and business, on construction quality measurement and management.

Article 29. For laboratories to be re-accredited, requirements prescribed in Article 8 hereof shall be implemented since June 01, 2009.