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BỘ LAO ĐỘNG |
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Số: 08 /2006/QĐ-BLĐTBXH
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Hà Nội, ngày 20 tháng 11 năm 2006 |
BỘ TRƯỞNG BỘ LAO ĐỘNG - THƯƠNG BINH VÀ XÃ HỘI
Căn cứ Nghị định số
86/2002/NĐ-CP ngày 05 tháng 11 năm 2002 của Chính phủ quy định chức năng, nhiệm
vụ, quyền hạn và cơ cấu tổ chức của Bộ, cơ quan ngang Bộ;
Căn cứ Nghị định số 29/2003/NĐ-CP ngày 31 tháng 3 năm 2003 của Chính phủ quy
định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Lao động - Thương
binh và Xó hội;
Căn cứ Nghị định 179/2004/NĐ-CP ngày 21/10/2004 của Chính phủ Quy định quản lý
nhà nước về chất lượng sản phẩm, hàng hoá;
Căn cứ Quyết định số 50/2006/QĐ-TTg ngày 07/3/2006 của Thủ tướng Chính phủ ban
hành Danh mục sản phẩm hàng hoá phải kiểm tra về chất lượng;
Xét đề nghị của Cục trưởng Cục An toàn lao động,
QUYẾT ĐỊNH:
Điều 1: Ban hành kèm theo Quyết định này “Quy định tạm thời về kiểm tra chất lượng sản phẩm, hàng hoá nhập khẩu theo Quyết định số 50/2006/QĐ-TTg ngày 07/3/2006 của Thủ tướng Chính phủ ban hành danh mục sản phẩm hàng hoá phải kiểm tra về chất lượng”.
Điều 2. Cục An toàn lao động phối hợp với các đơn vị liên quan hướng dẫn thực hiện Quyết định này.
Điều 3. Các tổ chức, cá nhân nhập khẩu các sản phẩm, hàng hóa thuộc Danh mục sản phẩm, hàng hoá phải kiểm tra về chất lượng và các Tổ chức kỹ thuật được chỉ định kiểm tra chất lượng sản phẩm, hàng hoá chịu trách nhiệm thi hành Quyết định này.
Điều 4. Quyết định này có hiệu lực thi hành sau 15 ngày kể từ ngày đăng Công báo./.
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Nơi nhận: |
KT.BỘ TRƯỞNG |
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FILE ĐƯỢC ĐÍNH KÈM THEO VĂN BẢN
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THE
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS |
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No: 08/2006/QD-BLDTBXH |
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THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
Pursuant to the Government's Decree No.
86/2002/ND-CP of November 5, 2002, defining the functions, tasks, powers and
organizational structure of the ministries and ministerial-level agencies;
Pursuant to the Government's Decree No. 29/2003/ND-CP of March 31, 2003,
defining the functions, tasks, powers and organizational structure of the
Labor, War Invalids and Social Affairs Ministry;
Pursuant to the Government's Decree No. 179/2004/ND-CP of October 21, 2004,
stipulating the state management of quality of products and goods;
Pursuant to the Prime Minister's Decision No. 50/2006/QD-TTg of March 7,
2006, promulgating the list of products and goods subject to quality
inspection;
At the proposal of the Director of the Labor Safety Department,
DECIDES:
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FOR
THE LABOR, WAR INVALIDS AND SOCIAL AFFAIRS MINISTER
VICE MINISTER
Le Bach Hong
REGULATION ON QUALITY INSPECTION OF IMPORTED PRODUCTS AND
GOODS UNDER THE PRIME MINISTER'S DECISION No. 50/2006/QD-TTg OF MARCH 7, 2006,
PROMULGATING THE LIST OF PRODUCTS AND GOODS SUBJECT TO QUALITY INSPECTION
(Promulgated together with the Labor, War Invalids and Social Affairs
Minister's Decision No. 08/2006/QD-BLDTBXH of November 20, 2006)
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2. To define powers and responsibilities of parties involved in the quality inspection of products and goods.
Article 2.- Subjects and scope of application
1. This Regulation applies to imported products and goods specified in Appendix 4.
2. This Regulation does not apply to imports being personal belongings, diplomatic luggage, sample goods, goods for display at exhibitions or trade fairs, goods exchanged by border residents and other goods not for trading purposes.
3. Importing organizations, enterprises and individuals (hereinafter referred to as enterprises) that have products and goods subject to inspection by agencies or organizations designated to inspect quality of products and goods (hereinafter referred to as inspecting organizations) specified in Appendix 4 to this Regulation.
4. When being used, products and goods specified at Items 7 thru 12 of Appendix 4 to this Regulation and having gone through quality inspection are still required to be registered and expertised according to the provisions of the Labor, War Invalids and Social Affairs Ministry's Circular No. 23/2003/TT-BLDTBXH of November 3, 2003, guiding the registration and expertise of machines, equipment, materials and substances subject to stringent labor safety and sanitation requirements.
QUALITY INSPECTION OF IMPORTED PRODUCTS AND GOODS
Article 3.- Grounds for inspection
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1. Inspection at ports of arrival (places of importation), which is conducted in either of the following two forms:
- Inspection of samples of imports: to be applied before the arrival of the goods lot at the border gate if the importing enterprise sends the import samples for inspection in advance.
- Inspection of import lots: to be applied upon the arrival of the goods lot at the border gate.
2. Inspection at ports of departure (places of exportation): This mode is applied on the principle of multilateral or mutual recognition between the Vietnamese Government and governments of countries of exportation (or at the request of enterprises).
Article 5.- Inspection methods
1. Customs clearance first, quality inspection later.
2. For products and goods specified at Items 01 thru 06 of the list in Appendix 4, their typical samples shall be tested.
3. For products and goods specified at Items 7
thru 12 of Appendix 4 (to this Regulation), the expertise of all products and
goods shall be conducted. For parts and assemblies of components imported in
knocked down form for assembly in
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1. Before a goods lot arrives at a border-gate, the importing enterprise shall compile a dossier of registration for inspection, then send it together with goods samples to the inspecting organization (a written record shall be made according to a set form.
A dossier of registration for inspection comprises:
- A written registration for quality inspection of imports, made according to a set form;
- The import contract;
- Technical documents related to the goods quality.
To satisfy the requirements of inspection and sample keeping, the importing enterprise shall send to the inspecting organization goods samples (in the same product lot) in the following numbers:
- Six samples, if the goods lot has 3,000 products of the same type or less.
- Twelve samples, if the goods lot has more than 3,000 products of the same type.
2. The inspecting organization shall receive the dossier and goods samples, conduct the inspection according to the quality criteria provided in Vietnam Standards relevant to each type of product or goods, and notify the importing enterprise of inspection results for handling. Satisfactory results of inspection of goods samples serve as a basis for comparison with subsequent import lots of that enterprise.
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- The manifest (if any);
- Invoices, bills of lading (copies bearing the enterprise owner's seal and signature);
- Quality certificates of the goods lot granted by authorities of the port of departure (if any).
After receiving those additional documents, the inspecting organization shall inspect packages, labels and other outer signs of imports actually arriving at the border gate. If these goods are consistent with goods samples inspected in advance, the inspecting organization shall, within two working days, issue a notice on results of inspection of imports, certifying that the goods lot is compliant with the import regulations (made according to a set form) to the enterprise for use as a basis for completion of customs clearance procedures.
4. If the imports are not consistent with samples inspected in advance in terms of packages, labels and other outer signs, the inspection of that goods lot shall be conducted according to the order and procedures for inspection of import goods lots specified in Article 7 of this provisional Regulation.
Article 7.- Contents of and procedures for inspection of import goods lots at ports of arrival
1. When the goods arrive at the border gate, the importing enterprise that fails to send goods samples for advance inspection shall compile a dossier of registration for inspection and send it to the inspecting organization. A registration dossier comprises:
- A written registration for quality inspection of imports, made according to a set form;
- The import contract and manifest (if any); invoices and bills of lading (copies bearing the enterprise owner's seal and signature);
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2. Within one working day after receiving a valid registration dossier, the inspecting organization shall issue a notice on completion of procedures required for imports (according to a set form) so that the enterprise can carry out customs clearance procedures in advance.
The inspecting organization shall take goods samples (from the goods lot) for inspection of conformity of those goods samples to relevant inspection grounds mentioned in Article 3 of this provisional Regulation. The time limit for quality inspection of a goods lot is 10 working days after samples for inspection are taken or the inspection is organized.
- If inspection results satisfy the requirements stated in the inspection grounds, the inspecting organization shall, within one working day, issue a notice on results of quality inspection of imports certifying that the goods lot is compliant with import regulations to the enterprise (according to a set form) for use as a basis for completion of customs clearance procedures.
- If inspection results fail to satisfy the requirements stated in the inspection grounds, the inspecting organization shall, within one working day, issue a notice on results of quality inspection of imports, notifying that the goods lot is not compliant with import regulations, to the enterprise (according to a set form) and concurrently report to the Labor Safety Department of the Labor, War Invalids and Social Affairs Ministry.
3. Goods inspection results shall be kept by inspecting organizations to serve as a basis for considering and deciding on application of a stringent inspection regime or alleviation of inspection for subsequent lots of goods of the same type of the enterprise (with the same appellation, signs, main technical features and directly manufactured by the same organization).
Article 8.- Contents of quality inspection of imports at ports of departure
1. For imports that have gone through quality inspection by accredited foreign testing or certifying organizations, the management shall be conducted as follows:
The Labor, War Invalids and Social Affairs Ministry shall coordinate with the Science and Technology Ministry in promulgating the list of inspecting or certifying organizations (including such relevant information as names, locations of head offices, operation domains, logos of organizations, model certificates or slips of product or goods quality inspection results) and notify it to customs offices for coordinated management.
2. Enterprises that have imports already inspected at accredited foreign inspecting or certifying organizations shall produce to customs offices certificates or slips of results of goods quality inspection granted by these organizations for customs clearance.
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4. Quality inspection of products or goods at ports of departure at the request of enterprises are agreed upon by the two involved parties.
Article 9.- Regime of alleviated inspection and regime of stringent inspection of imports
1. Regime of alleviated quality inspection applied to imports which have a stable quality as recorded through the monitoring process and satisfy requirements of quality standards stated in inspection grounds (according to the sum-up table of statistics on inspection results) is specified as follows:
- Reduced inspection frequency (smaller number of continuous lots from which samples are taken for inspection);
- Smaller number of samples to be taken for inspection;
- Lesser inspection criteria.
2. Regime of stringent inspection (with increased inspection frequency and larger number of samples taken for inspection) applies to imported products and goods, for which previous inspection results have been unsatisfactory, results of inspection of goods of the same type on the market are unsatisfactory, or against which there are consumers' complaints.
3. The application of the regime of alleviated inspection or the regime of stringent inspection of imported products and goods are considered and decided by the Labor Safety Department at the request of inspecting organizations.
Article 10.- Charges for product or goods quality inspection and test
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ORGANIZATION OF IMPLEMENTATION
Article 11.- Obligations and rights of enterprises importing products and goods
1. Obligations:
- To import goods in accordance with the provisions of law;
- To submit to the quality inspection of imported products and goods by product and goods quality-inspecting organizations.
2. Rights:
- To lodge complaints or denunciations with competent state agencies about violations of law on product and goods quality committed by organizations or individuals performing the task of product or goods quality inspection.
Article 12.- Powers and responsibilities of inspecting organizations
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- To request importing enterprises to supply necessary documents in service of inspection;
- To enter and leave places where goods are stored, preserved and transported for inspection and sample taking;
- To conduct the goods inspection according to regulations;
- To issue notices on inspection results to importing enterprises;
- To collect the inspection charge and test charge according to regulations of the Finance Ministry;
- To propose the Labor Safety Department and the General Department of Standardization, Metrology and Quality Control to handle according to law enterprises that fail to strictly conduct the quality inspection of products and goods according to regulations. To request enterprises to take measures to handle products or goods that fail to satisfy quality requirements, monitor the handling and record handling results.
2. Responsibilities:
- To conduct the quality inspection of products and goods within the designated scope;
- To ensure the accuracy, truthfulness and objectiveness of product and goods inspection. To strictly comply with the inspection procedures promulgated by the Science and Technology Ministry and the Labor, War Invalids and Social Affairs Ministry;
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- To take part in the formulation of processes of quality inspection of imported products and goods to be applicable to each specific type of product or goods according to assignment or designation;
- To receive and settle importing enterprises' complaints about the quality inspection conducted by inspecting organizations. If damage is caused to importing enterprises by inspecting organizations due to their fault, they shall refund the whole test or inspection charge amount, pay damages to importing enterprises according to law;
- To keep inspection dossiers and produce them when so requested by competent agencies;
- Quarterly, to make sum-up inspection reports (stating the number of inspected goods lots, inspection modes; number of lots not up to quality standards and handling measures; number of lots exempt from inspection; number of lots subject to alleviated inspection; number of lots subject to stringent inspection; coordination among concerned agencies; enterprises' complaints and settlement of complaints and requests), then send them to the Labor Safety Department of the Labor, War Invalids and Social Affairs Ministry and the General Department of Standardization, Metrology and Quality Control of the Science and Technology Ministry;
- To report in writing to the Labor Safety Department of the Labor, War Invalids and Social Affairs Ministry when:
+ The inspection scope changes;
+ Their working offices are relocated or added;
+ Their operation temporarily ceases or terminates.
Article 13.- Management responsibilities
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1. To guide the quality inspection of products and goods; to manage activities of inspecting of product and goods quality; to designate or terminate operation of inspecting organizations for handling by competent agencies according to law.
2. To coordinate with the General Department of Standardization, Metrology and Quality Control of the Science and Technology Ministry in performing the state management of quality of products and goods according to regulations.
Article 14.- Examination, inspection, and handling of violations
1. Competent state agencies shall examine, inspect, and handle violations in quality inspection of products and goods according to regulations.
2. Organizations and individuals that violate regulations on quality inspection of products and goods shall, depending on the nature and severity of their violations, be handled according to law.
Article 15.- Complaints and settlement thereof
Importing enterprises may lodge complaints about conclusions made by inspecting organizations on their products and goods, lodge complaints about or initiate administrative lawsuits against violation-handling decisions of competent agencies. The lodging and settlement of complaints, initiation and handling of lawsuits shall comply with the provisions of law.
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Ordinal number
Names of products and goods
Inspection grounds (for standards being safety, hygiene, human health and environmental criteria)
State management agencies organizing quality inspection
Inspecting organizations
1
Industrial safety helmets
TCVN 6407:1998
The Labor Safety Department
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- Other inspecting organizations additionally designated according to law
2
Dust-filtering semi-masks
TCVN 7312:2003
3
Insulation gauntlets
TCVN 5586:1991
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4
Insulation boots
TCVN 5588:1991
5
Dust masks
TCVN 7312:2003
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6
Electric welding goggles
TCVN 5039-90
7
Pressure tanks (gas cylinders, tanks, flasks, bottles, electrically powered boilers)
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TCVN 6153:1996 to
TCVN 6156:1996
TCVN 6290:1997
TCVN 6291:1997
TCVN 6292:1997
TCVN 6294:1997
TCVN 6295:1997
- Regional technical safety inspection centers 1, 2 and 3 of the Labor, War Invalids and Social Affairs Ministry
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8
Lifting devices (excluding those falling under responsibility of the Transport Ministry)
TCVN 4244-86
9
Boilers
TCVN 6004:1995 to
TCVN 6007:1995
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10
Winches for carrying people
TCVN 4244-86;
TCVN 5862:1995 to
TCVN 5864:1995
TCVN 4755:89;
TCVN 5206:1990 to
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11
Elevators
TCVN 5744:1993
TCVN 5866:1995
TCVN 5867:1995
TCVN 6904:2001
TCVN 6905:2001
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12
Escalators
TCVN 6397:1998
TCVN 6906:2001
Quyết định 08/2006/QĐ-BLĐTBXH về kiểm tra chất lượng sản phẩm, hàng hoá nhập khẩu theo Quyết định 50/2006/QĐ-TTg về danh mục sản phẩm hàng hoá phải kiểm tra về chất lượng do Bộ trưởng Bộ lao động, Thương binh và Xã hội ban hành
| Số hiệu: | 08/2006/QĐ-BLĐTBXH |
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| Loại văn bản: | Quyết định |
| Nơi ban hành: | Bộ Lao động – Thương binh và Xã hội |
| Người ký: | Lê Bạch Hồng |
| Ngày ban hành: | 20/11/2006 |
| Ngày hiệu lực: | Đã biết |
| Tình trạng: | Đã biết |
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Quyết định 08/2006/QĐ-BLĐTBXH về kiểm tra chất lượng sản phẩm, hàng hoá nhập khẩu theo Quyết định 50/2006/QĐ-TTg về danh mục sản phẩm hàng hoá phải kiểm tra về chất lượng do Bộ trưởng Bộ lao động, Thương binh và Xã hội ban hành
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