CIRCULAR

REGULATIONS ON NATIONAL QUALITY AWARD

Pursuant to Decree No. 28/2008/ND-CP dated March 14, 2008 of the Government stipulating the functions, tasks, rights and organizational structure of the Ministry of Science and Technology

Pursuant to Resolution No. 67/NQ-CP dated December 24, 2010 of the Government regarding the simplification of administrative procedures under the scope of management function of the Ministry of Science and Technology;

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

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Goernment stipulating in detail the implementation of some articles of the Law on Quality of Products and Goods;

Considering the proposal of the Director General of the Directorate for Standards, Metrology and Quality;

The Minister of Science and Technology has stipulated the National Quality Award as follows:

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GENERAL REGULATION

Article 1. Scope of adjustment

This Circular has stipulated in detail the criteria and awarding scale, form of National Quality Award (hereinafter abbreviated as NQA); the system of organization and operation of the National Quality Award, the order and procedures for awarding and organizing to confer the National Quality Award.

Article 2. Subjects of application

This Circular is applicable to the organizations and enterprises participating in the National Quality Award and the agencies, organizations and individuals related to the awarding activity of the National Quality Award.

Article 3. Type of participation

1. Type of Organizations and enterprises participating in the National Quality Award consists of:

a) Large-scale production

b) Small and medium scale production;

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d) Small and medium scale service.

2. Type of Organizations and enterprises as prescribed at point a and c, clause 1 of this Article is the Organizations and enterprises using over 300 official employees (with labor contract of more than 01 year).

Type of organizations and enterprises as prescribed at point b and d, clause 1 of this Article is the organizations and enterprises using up to 300 official employees (with labor contract of more than 01 year).

Article 4. Condition of participation

1. The organizations and enterprises qualified to participate in the National Quality Award are the Organizations and enterprises with legal entity that have operated in the production, business and services continuously in Vietnam without violating any regulation of law within a period of at least 36 months from May 01 of the participation year.

2. In case the organizations and enterprises that have achieved the National Quality Gold Award, if meeting conditions as prescribed in clause 1 of this Article, after 03 years from the year awarded the National Quality Gold Award by the Prime Minister, are entitled to participate in the National Quality Award again.

3. In case the Organizations and enterprises that have achieved the National Quality Silver Award, if meeting conditions as prescribed in clause 1 of this Article, are entitled to participate in the National Quality Award again.

Article 5. Order and dossier of participation registration

1. The organizations and enterprises that register to participate in the National Quality Award before May 01 and submit the participation dossier before June 15 annually at the branch for standards, metrology and quality in the central run provinces and cities, at the place where the organizations and enterprises have registered their operation of production and business.

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a) Registration form for participation in the National Quality Award under the form regulated in Annex III;

b) Report and general introduction about the organizations and enterprises;

c) Self-evaluation report under 07 criteria of the National Quality Award;

d) Documents demonstrating the application of the advanced quality management system (copy of certificate or related documents);

dd) Documents demonstrating the suitability of the product and goods with the standards and technical regulations respectively (copies);

e) Reports on environmental impact evaluation or commitment of environmental protection approved and the annual observational result in accordance with the law in the 03 last years (copies)

g) Certification of the result of tax obligation performance for the State and the implementation of social insurance for the laborers annually in the 03 last years (originals or copies).

h) Other evidencing documents on the business and production result of the organizations and enterprises in the 03 last years, if any (copies).

Chapter II

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Article 6. Criteria and awarding scale

1. The awarding criteria as prescribed in Article 27 of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government stipulating in detail the implementation of the Law on Quality of Products and Goods and maximum total point of these 07 criteria is 1.000 points. The maximum total mark for each criterion is as follows:

a) Role of leadership in organizations and enterprises: 120 points

b) Operational strategy of organizations and enterprises: 85 points

c) Customer and market-oriented policy: 85 points

d) Metrology, analysis and intellectual management: 90 points

dd) Management and development of human resource: 85 points

e) Management of operational process of organization and enterprise: 85 points

g) Operational result of organizations and enterprises: 450 points

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Article 7. Form of National Quality Award

1. The National Quality Award consists of:

a) The National Quality Gold Award

b) The National Quality Silver Award

Organizations and enterprises winning the National Quality Award receive Cup under the form prescribed in Annex I promulgated together with this Circular and the Certificate of the Minister of Science and Technology.

2. The National Quality Gold Award is conferred to the organizations and enterprises obtaining from 800 points or more and is evaluated the best among the organizations and enterprises winning the National Quality Gold Award.

The number of National Quality Gold Award is as follows:

a) Large-scale production: 03 awards maximumly

b) Small and medium scale production: 03 awards maximumly

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d) Small and medium scale service: 03 awards maximumly

In every operational line under a type (as stipulated in Clause 1 of Article 3 of this Circular) only one National Quality Gold Award is awarded maximumly.

3. The National Quality Silver Award is conferred upon organizations and enterprises winning from more than 600 points

There is no limit of the number of organizations and enterprises winning the National Quality Silver Award

Chapter III

SYSTEM OF OPERATION ORGANIZATION OF THE NATIONAL QUALITY AWARD.

Article 8. Agency managing and operating the National Quality Award.

1. The Directorate for Standards, Metrology and Quality is the standing agency of the National Quality Award with the following tasks:

a) Proposing programs, projects and cooperative operation in the country and abroad on the National Quality Award submitted to the Ministry of Science and Technology;

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c) Presiding over the making and guiding the implementation of documents, professional documents on the National Quality Award.

d) Suggesting the list of members of the national Council of the National Quality Award (hereafter abbreviated as the national Council) and submitting it to the Ministry of Science and Technology to make a decision on it.

dd) Coordinating with the national Council to implement tasks as regulated in clause 2, Article 9 of this Circular, organizing to get opinion and reach an agreement of the People’s Committee of central run provinces and cities with respect to the consideration and conferment of the National Quality Award;

e) Establishing the screening Councils of the National Quality Award (hereafter abbreviated as screening Council);

g) Organizing the training, refreshing and issuance of certificate to the members of the screening Council, evaluation experts and organizations and enterprises participating in the National Quality Award.

h) Implementing the activity of information and propagation on the National Quality Award.

i) Organizing annual awarding ceremony to organizations and enterprises winning awards.

k) Internationally cooperating on quality awards; being representative of Vietnam to participate in international and regional organizations on quality awards in accordance with regulations of the competent state agencies, nominating organizations and enterprises winning the National Quality Gold Award to participate in the international and regional quality awards.

l) Dealing with complaints and denunciation relating to the National Quality Award, making report and recommending the Minister of the Ministry of Science and Technology to handle violation on the National Quality Award of the organizations, enterprises and other individuals concerned.

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a) Organizing to implement activities of the National Quality Award annually at localities as guided by the Directorate for Standards, Metrology and Quality;

b) Publicizing, propagating and guiding the organizations and enterprises to take part in the National Quality Award at localities;

c) Suggesting the list of members of the screening Council to submit it to the Directorate for Standards, Metrology and Quality to make decision on it;

d) Coordinating with the screening Council to implement tasks as regulated in clause 2, Article 10 of this Circular;

dd) Proposing the tasks, plans and programs on the National Quality Award at localities and make report on annual activities to submit to the Directorate for Standards, Metrology and Quality;

e) Dealing with complaints and denunciations related to the National Quality Award at localities

Article 9. National Council.

1. The National Council is established by the decision of the Minister of Science and Technology at the proposal of the Directorate for Standards, Metrology and Quality. The number of the members of the National Council is from 11 to 17 members who are representatives of Ministries, sectors, agencies and organizations concerned. The National Council consists of a Chairman, a Vice Chairman and members. The members of the National Council are the persons who have thorough knowledge in the area of quality management and have a profound understanding of the criteria and requirements of the National Quality Award.

The chairman controls the meetings of the National Council. In case the Chairman is absent, the Vice-Chairman, on behalf of the Chairman will control over meetings of the National Council. The National Council works on the principle of unanimous agreement by the members present. The meeting of the National Council must have at least two thirds of the members attending. The decisions of the National Council are only valid when there is consent of at least three quarters of the members present.

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2. The National Council is responsible for:

a) Proposing to the Ministry of Science and Technology the programs to implement the activities of the National Quality Award.

b) Considering, evaluating and assessing dossiers of the screening Council;

c) Conducting the consideration and evaluation at the organizations and enterprises participating when necessary.

d) Considering and selecting the most excellent enterprises for conferment of the National Quality Gold Award and proposing the list of organizations and enterprises to submit to the Ministry of Science and Technology for considering and proposing the Prime Minister to confer the National Quality Award.

Article 10. Screening Council

1. The screening Council is established by the decision of Directorate for Standards, Metrology and Quality on the basis of the proposal of the Director of Department of Science and Technology of the provinces and cities directly under the Central authority. The screening Council has from 11 to 17 members who are representatives of Departments, Divisions, Branches and organizations concerned at localities. The screening Council consists of Chairman, Vice Chairman and members. The members of the screening Council are the persons who have thorough knowledge in the area of quality management and have a profound understanding of the criteria and requirements of the National Quality Award.

The chairman controls the meetings of the screening Council. In case the Chairman is absent, the Vice-Chairman, on behalf of the Chairman will control over meetings of the screening Council. The screening Council works on the principle of unanimous agreement by the present members. The meeting of the screening Council must have at least two thirds of the attending members. The decisions of the screening Council are only valid when there is consent of at least three quarters of the present members.

The secretary of the screening Council is the official of the Branch for Standards, Metrology and Quality.

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a) Receiving the registration form and participation dossier of the National Quality Award of organizations and enterprises;

b) Conducting the consideration and evaluation on the dossier and at the place where organizations and enterprises take part in.

c) Setting up the evaluation dossier and putting forward to the National Council the list of organizations and enterprises that are proposed the conferment of the National Quality Award;

d) Notifying in writing the evaluation result and other feedback information to organizations and enterprises after having evaluation result of the screening Council.

Chapter IV

ORDER AND PROCEDURES FOR AWARDING THE NATIONAL QUALITY AWARD

Article 11. Evaluation process of the screening Council

1. Evaluation process

The screening Council must evaluate the organizations and enterprises participating in the National Quality Award in 2 steps:

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The screening Council will appoint a group of experts to evaluate the dossier for the National Quality Award of the organizations and enterprises. The group of evaluation must have at least 03 experts who carry out the evaluation independently. After evaluation, the group of experts must make a unanimous evaluation report.

The evaluation experts must have thorough knowledge in the area of quality management, the criteria and requirements of the National Quality Award and have certificate of evaluation expert on the National Quality Award.

Step 2: Assessment at the organizations and enterprises

The screening Council will appoint an evaluation team consisting of representatives of the screening Council and at least 03 evaluation experts to conduct an evaluation at the organizations and enterprises taking part in the National Quality Award. After the evaluation, the evaluation team must make a record of evaluation.

2. Evaluation result.

Based on the evaluation result on the dossier and evaluation on the spot, the screening Council will decide on the list of the organizations and enterprises proposed the conferment of the National Quality Award and send the dossiers involved (05 printing copies and 01 CD) to the National Council via the Directorate for Standards, Metrology and Quality before August 01 annually;

3. Dossier of the screening Council consists of:

The participation dossier of the organizations and enterprises as prescribed in clause 1, Article 5 of this Circular;

The result of consideration and evaluation of the screening Council for each organization and enterprise (Report of unanimous evaluation, overall score sheet, record of evaluation on the spot, the meeting minutes of the screening Council);

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Article 12. Evaluation process of the National Council.

1. The National Council will appoint a group of experts to consider and assess the dossier of participating organizations and enterprises that are proposed the conferment of award by the screening Council and relevant dossiers of the screening Council. In necessary case, the National Council will appoint the evaluation team to conduct the evalution and assessment at the organizations and enterprises to supplement information as a basis for selection and conferment of award.

2. Based on the evaluation result and dossier assessment and at the organizations and enterprises, the National Council will decide on the list of organizations and enterprises proposed the conferment of the National Quality Award.

3. Before October 01 annually, the Directorate for Standards, Metrology and Quality will send the list to get the opnion from the People’s Committee of central run provinces and cities for organizations and enterprises meeting conditions to reach an agreement for conferment of the National Quality Award. The People’s Committee of central run provinces and cities will response in writing within a period of 15 days from the receipt of the unanimous document.

4. The National Council and the Directorate for Standards, Metrology and Quality will complete dossier to submit it to the Ministry of Science and Technology for consideration and kindly request the Prime Minister to confer the National Quality Award before November 01 annually.

5. Dossier submitted to the Ministry of Science and Technology consists of:

- Report on activity of the National Quality Award in the year, report on dossier evaluation and evaluation at the organizations and enterprises if any;

- Meeting minutes of the National Council;

- List of organizations and enterprises proposed the conferment of award.

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6. The Directorate for Standards, Metrology and Quality will coordinate with the office of the Ministry of Science and Technology to complete dossier for the proposal of conferment of the National Quality Award to the organizations and enterprises that meet the conditions for submission to the Prime Minister before November 15 annually.

7. The Directorate for Standards, Metrology and Quality is responsible for notifying the screening Council of the awarding result and the organizations and enterprises winning awards after having the decision on award conferment of the Prime Minister.

8. The Directorate for Standards, Metrology and Quality will organize the awarding conferment ceremony to the organizations and enterprises winning the National Quality Award in December annually after having the decision on award conferment of the Prime Minister.

Chapter V

OTHER REGULATIONS

Article 13. Operational fund

1. The fund to organize the activities of the National Quality Award

a)  Fund from the state budget allotted in the estimate for the cause of science and technology

b) Fund contributed from organizations and enterprises participating in the National Quality Award;

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2. Management and use: The management and use of fund for the activities of the National Quality Award is in conformity with regulations of the Law on State budget and guiding documents on current financial management.

Article 14. Rights of organizations and enterprises winning the National Quality Award

1. The organizations and enterprises winning the National Quality Award are nominated to participate in the international and regional quality awards.

2. The organizations and enterprises winning the National Quality Award are allowed to announce, publicize and advertise on the mass media or other form of introduction about their units, allowed to use logo of the National Quality Award under the form prescribed in Annex II promulgated together with this Circular on the publications of the organizations and enterprises

3. The organizations and enterprises winning the National Quality Award will gain the attention, favour and support from the Ministries, sectors and localities in the activities of production, business, commercial promotion and programs of quality and productivity development.

4. The organizations and enterprises winning the National Quality Award will be rewarded by the Ministries, sectors, central run provinces and cities directly through the annual awarding fund resource as prescribed by the law.

Article 15. Violation penalty

1. During a period of 03 years from the date of organizations and entperises achieve awards, if found to be fraudulent in the process of pariticipation in the National Quality Award or violating provisions of this Circular and other legal regulations to affect the image and prestige of the National Quality Award, the National Council will base on the violation degree of organizations and enterprises winning award to consider and propose the revocation or cancellation of the awarding result

2. The revocation or cancellation of the awarding result for the organizations and enterprises winning the National Quality Award must be publicized on mass media.

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IMPLEMENTATION PROVISION

Article 16. Effect

This Circular will take effect on August 20, 2011 and supercede the Circular No. 11/2009/TT-BKHCN dated May 06, 2009 of the Minister of Science and Technology on the activity of the National Quality Award.

PP. MINISTER
DEPUTY MINISTER




Nguyen Quan

Thông tư 17/2011/TT-BKHCN quy định về Giải thưởng Chất lượng Quốc gia do Bộ trưởng Bộ Khoa học và Công nghệ ban hành