Nghị định 13/2022/ND-CP

DECREE

AMENDMENTS TO SOME ARTICLES OF DECREE NO. 132/2008/ND-CP DATED DECEMBER 31, 2008, THE GOVERNMENT'S DECREE NO. 74/2018/ND-CP DATED MAY 15, 2018 DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON PRODUCT AND GOODS QUALITY AND THE GOVERNMENT’S DECREE NO. 86/2012/ND-CP DATED OCTOBER 19, 2012 DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON MEASUREMENT

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to some articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

Pursuant to the Law on Measurement dated November 11, 2011;

At the proposal of the Minister of Science and Technology;

The Government promulgates a Decree on amendments to some articles of Decree No. 132/2008/ND-CP dated December 31, 2008, the Government's Decree No. 74/2018/ND-CP dated May 15, 2018 detailing the implementation of a number of articles of the Law on Product and Goods Quality and the Government’s Decree No. 86/2012/ND-CP dated October 19, 2012 detailing and guiding the implementation of a number of articles of the Law on Measurement.

Article 1. Amendments to some articles of Decree No. 132/2008/ND-CP dated December 31, 2008 and the Government's Decree No. 74/2018/ND-CP dated May 15, 2018 detailing the implementation of a number of articles of the Law on Product and Goods Quality

1. Amendments to point Point K, clause 7, Article 7 of the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 detailing the implementation of a number of articles of the Law on Product and Goods Quality (hereinafter referred to as “Decree No. 132/2008/ND-CP”), which as amended by Clause 3, Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 on amendments to a number of articles of the Government's Decree No. 132 /2008/ND-CP dated December 31, 2008 detailing the implementation of the Law on Product and Goods Quality (hereinafter referred to as “Decree No. 74/2018/ND-CP”) shall be amended as follows:

“k) Raw materials, supplies and sample products provided by foreign traders for outward processing or for manufacture of exports; raw materials for the manufacture of goods for domestic consumption and circulation in the market in case of the goods that meet requirements for product quality control according to the respective national technical regulations (except for imported materials for manufacture of fertilizers, plant protection chemicals, animal feed, aqua feed, livestock waste treatment products, environment treating products in aquaculture and spare parts, components, systems of vehicles of group 2 products and goods.)”.

2. Point p, clause 7, Article 7 of Decree No. 132/2008/ND-CP , which as amended by Clause 3, Article 1 of the Decree No. 74/2018/ND-CP shall be amended as follows:

“p) Other goods serving non-business purposes (in the non-trade form) according to decision of line ministries.

3. Addition of section 8 to Chapter II " Product and goods origin tracing management " and addition of Article 19d of Section 8 of Decree No. 74/2018/ND-CP:

"Section 8

PRODUCT AND GOODS ORIGIN TRACING MANAGEMENT

Article 19dd. State management of product and goods origin tracing

1. Department of Science and Technology shall

a) Assist the Government in state management of product and goods origin tracing;

b) Direct improvement of  technical capacity for product and goods origin tracing and assist the development of key products, goods and socio-economic of central and local authorities;

c) Regulate product and goods origin tracing system to ensure connection and data sharing;

d) Manage the use of codes for tracing of products, location and data carriers;

dd) Manage, organize, deploy, and trace origins of products and goods under their management.

2. The relevant ministries shall take charge and cooperate with the Ministry of Science and Technology in management and organization of origin tracing of products and goods under their management.

3. The People's Committees of provinces shall cooperate with the relevant ministries in organizing origin tracing of local products and goods.

4. The relevant ministries shall identify products and goods that must be traced and make an announcement on their websites.

4. Point d, clause 2, Article 32 of Decree No. 132/2008/ND-CP , which as amended by Clause 14, Article 1 of the Decree No. 74/2018/ND-CP shall be amended as follows:

“d) Ministry of Construction:

- Civil construction works, industrial works, technical infrastructure works, outdoors advertising structures under state management in accordance with law;

- Construction materials;

- Architecture and construction planning including regional construction planning, urban construction planning, planning on construction of rural residential quarters, planning on construction of industrial parks, economic zones and hi-tech parks, and construction of important international border gates under state management in accordance with law;

- Technical infrastructure in urban areas, industrial parks, economic zones and hi-tech parks under state management in accordance with law;

- Machinery and equipment subject to strict occupational safety and hygiene requirements under management of the Ministry of Construction according to regulations of Law on occupational safety and hygiene.

- Services in the construction sector.”

5. Point L, clause 2, Article 32 of Decree No. 132/2008/ND-CP , which as amended by Clause 14, Article 1 of the Decree No. 74/2018/ND-CP shall be amended as follows:

“L) The Ministry of Culture, Sports and Tourism: equipment and devices for sports training and competition of sports and physical training establishments.”.

6. Point g, clause 3, Article 32 of Decree No. 132/2008/ND-CP , which as amended by Clause 14, Article 1 of the Decree No. 74/2018/ND-CP shall be amended as follows:

“g) The Ministry of Culture, Sports and Tourism: equipment and devices for sports training and competition of sports and physical training establishments.”.

7. Addition of point h to clause 3, Article 32 of Decree No. 132/2008/ND-CP , which was amended in Clause 14, Article 1 of the Decree No. 74/2018/ND-CP:

“h) Ministry of Construction: outdoor advertising structures under state management in accordance with law

Article 2. Annulment of a number of articles and replacement of some set forms in Decree No. 132/2008/ND-CP , Decree No. 74/2018/ND-CP and Decree No. 86/2012/ND-CP

1. Clause 2, Article 19b of Decree No. 132/2008/ND-CP , which as amended by Clause 9, Article 1 of the Decree No. 74/2018/ND-CP shall be annulled.

2. Article 19b of Decree No. 132/2008/ND-CP , which as amended by Clause 9, Article 1 of the Decree No. 74/2018/ND-CP shall be annulled.

3. Forms No. 15, 16, 17, and 18 of the Appendix issued together with Decree No. 74/2018/ND-CP shall be annulled.

4. Clause 2, Article 17 of the Government's Decree No. 86/2012/ND-CP dated October 19, 2012 detailing and guiding the implementation of a number of articles of the Law on Measurement shall be annulled.

5. Forms No. 12 and 14 of the Appendix issued together with Decree No. 74/2018/ND-CP shall be replaced by Forms No 12, 14 of the Appendix issued together with this Decree.

Article 3. Implementation provision

1. This Decree comes into force from March 15, 2022

2. The Ministers, Heads of the Ministerial-Level agencies, Heads of the governmental agencies, the Presidents of the People's Committees of provinces are responsible for the implementation of this Decree

APPENDIX

(Issued together with the Government's Decree No. 13/2022/ND-CP dated January 21, 2012

Form No. 12

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
_________

APPLICATION FORM FOR USE OF CODES OR BARCODES

Organization information:

Name in Vietnamese*: ........................................................................................................

Name in English (or name in Vietnamese without accents): ........................................................................................................

Number of Establishment Decision/Certificate of Business Registration/Certificate of Investment Registration*

Date of issue*: ....................................... Issued by*:  .......................................

Address*: ......................................................................................................................

Tel*: ....................................................           Email: .......................................

Sign up for auto debit (Please tick √):

□ Bank account

□ E-wallet

□ ATM                                                 Other: .......................................

Business lines (Please tick √):

□ Manufacturing                                             

□ Trading                         

□ Retail

□ Service

□ Other:  

We register for (Please tick √):

Leader*

We hereby declare that the above information is true. We have read the Regulation on codes or barcodes and the Fee Regulation. On behalf of our company, we agree to abide by the Regulations as well as the following clauses:

- Using the allocated number only for our own products and services;

- Complying with the fees requirements, paying the annual fee according to regulations of Law;

-  In case we have no need to use the issued code (due to dissolving or bankruption), we will inform the Directorate for Standards and Quality within one month from the date of dissolving or bankruption in written form;

- If the name or legal status or address of our organization is changed, we will inform the Directorate for Standards and Quality within one month from the date of this change for getting an updated Certificate 

1. List of places of registration for a global location number GLN

2. List of GTIN-8 of registration

___________________

* Compulsory information field.

¹ The declared information can be updated in accordance with the requirements of International Code and Barcode Organization (GS1).

The code and barcode must only be issued according to the recommendations of the International Code and Bar-Code Organization (GS1).

List of location codes and trade items that are attached.

Type of GLN includes physical location, digital location, legal entity and functional entity