THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom - Happiness
No. 05/2007/QH12
Hanoi, November 21, 2007
LAW
ON PRODUCT AND GOODS QUALITY
(No. 05/2007/QH12)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam with a number of articles already amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Product and Goods Quality.
Chapter 1
GENERAL PROVISIONS
Article 1. Governing scope
This Law provides for the rights and obligations of organizations and individuals producing or trading in products or goods as well as organizations and individuals conducting activities related to product and goods quality; and the management of product and goods quality.
Article 2. Subjects of application
This Law applies to organizations and individuals producing or trading in products or goods and organizations and individuals conducting activities related to product and goods quality in Vietnam.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Product means the output of a production or service provision process for a commercial or consumption purpose.
2. Goods means products put on the market or for consumption through exchange, sale or marketing.
3. Products and goods incapable of causing unsafe (below referred to as group-1 products and goods) mean those products and goods which, under rational conditions of transportation, storage, preservation and use for proper purposes, cause no harms to humans, animals, plants, assets or the environment.
4. Products and goods capable of causing unsafe (below referred to as group-2 products and goods) mean those products and goods which, under rational conditions of transportation, storage, preservation and use for proper purposes, can latently cause harms to humans, animals, plants, assets or the environment.
5. Product and goods quality means the product and goods properties extent of satisfaction of the requirements under announced applicable standards or relevant technical regulations.
6. Production and business organizations and individuals mean organizations and individuals that organize and conduct production (below referred to as producers), import (below referred to as importers), export (below referred to as exporters), sale or service provision activities (below referred to as sellers).
7. Organizations and individuals involved in product and goods quality-related activities mean consumers, conformity evaluation organizations, professional organizations, consumer interest-protecting organizations, supervision agencies and state management agencies in charge of product and goods quality.
8. Conformity evaluation organization means an organization which tests, inspects, verifies and certifies the conformity of products, goods, production or service provision processes with announced applicable standards or relevant technical regulations.
9. Designated conformity evaluation organization means an organization which meets the conditions set in Clause 5, Article 25 of this Law and is considered and put on a list promulgated by a competent state agency for production and business organizations and individuals to select and use its conformity evaluation services to meet state management requirements.
10. Test means to conduct technical manipulations to identify one or properties of products and goods according to a certain process.
11. Inspect means to examine the conformity of products and goods with contracts or announced applicable standards or relevant technical regulations through observation and appraisal of measurement and test results.
12. Certify means to evaluate and attest the conformity of products, production or service provision processes with announced applicable standards (referred to as standard conformity certification) or with technical regulations (referred to as regulation conformity certification).
13. Verify means to conduct technical operations in a certain process aimed at assessing and attesting the products or goods satisfaction of the requirements of relevant technical regulations.
14. Recognition of conformity evaluation results means that a competent state agency, organization or individual operating in Vietnam recognizes conformity evaluation results given by a conformity evaluation organization of another nation or territory.
15. State examination of product and goods quality (below referred to as product and goods quality examination) means that a state agency reconsiders and reevaluates the quality of products, goods or production or service provision processes which have been evaluated in terms of quality by conformity evaluation organizations or to which other quality control measures have been applied by production and business organizations or individuals.
16. Agency in charge of state examination of product quality and goods (below referred to as product and goods quality examination agency) means an agency assigned or decentralized to perform the state control of product and goods quality under a line ministry or a specialized agency of the provincial/municipal Peoples Committee.
17. Documents accompanying products or goods include conformity evaluation results, documents for advertising, introducing properties, utilities or use instructions of products or goods.
Article 4. Application of laws
1. Production and business activities as well as product and goods quality-related activities must comply with this Law and relevant provisions of law.
2. Production and business activities as well as activities related to the quality of products and goods being construction works, services or used goods not subject to verification; products and goods used exclusively for defense or security and other particular ones must comply with general principles of this Law and be specifically governed by other legal documents.
3. When a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of that treaty prevail.
Article 5. Principles for product and goods quality control
1. Product and goods quality shall be controlled on the basis of announced applicable standards and relevant technical regulations. Depending on their capability of causing unsafe, products and goods are controlled as follows:
a/ The quality of group-1 products and goods shall be controlled on the basis of applicable standards announced by producers;
b/ The quality of group-2 products and goods shall be controlled on the basis of relevant technical regulations promulgated by competent state management agencies and applicable standards announced by producers.
The Government shall specify the promulgation of a list of group-2 products and goods.
2. Product and goods quality control is the responsibility of producers and traders, aimed to ensure safety for humans, animals, plants, assets and the environment and raise the productivity, quality and competitiveness of Vietnams products and goods.
3. State control of product and goods quality is the responsibility of competent state management agency, aimed to enforce legal provisions on product and goods quality.
Activities of state control of product and goods quality must ensure transparency, objectivity, no discrimination based on goods origin and organizations and individuals involved in product and goods quality-related activities, conformity with international practice, and protection of lawful rights and interests of production and business organizations and individuals as well as consumers.
Article 6. State policies on product and goods quality-related activities
1. To encourage organizations and individuals to formulate and apply advanced standards to products and goods as well as the management and administration of production and business.
2. To formulate national programs on raising the productivity, quality and competitiveness of products and goods.
3. To invest in and develop the testing system to meet the requirements of production, business and state control of product and goods quality.
4. To enhance training and retraining of human resources for product and goods quality control.
5. To propagate and disseminate policies and laws on product and goods quality; to form a sense of producing and trading in quality products and goods for consumers interest, which save energy and are environment-friendly; to raise social awareness about consumption and build civilized consumption habits.
6. To encourage and create conditions for domestic and foreign organizations and individuals to invest and participate in testing, inspecting, verifying and certifying product and goods quality.
7. To expand cooperation with other nations, territories, international organizations, regional organizations as well as foreign organizations and individuals in activities related to product and goods quality; to enhance the conclusion of treaties and agreements between Vietnam and other countries, territories, international or regional organizations on mutual recognition of conformity evaluation results; to encourage Vietnamese conformity evaluation organizations to sign agreements on recognition of conformity evaluation results given by corresponding organizations of other countries or territories so as to facilitate the development of trade between Vietnam and those countries or territories.
Article 7. Product and goods quality prizes
1. Product and goods quality prizes include national prizes and prizes awarded by organizations or individuals.
2. Conditions and procedures for consideration and award of national quality prizes are provided for by the Government.
3. Conditions and procedures for consideration and award of product and goods quality prizes of organizations and individuals are provided for by the Ministry of Science and Technology.
Article 8. Prohibited acts
1. Manufacturing products, importing, selling or purchasing goods banned from circulation by the State.
2. Manufacturing products, importing, exporting, selling, purchasing, exchanging or marketing products or goods which fail to comply with relevant technical regulations.
3. Importing, exporting, selling or purchasing goods of unclear origin.
4. Importing, exporting, selling, purchasing goods, exchanging or marketing products or goods of which the use duration has expired.
5. Using foods or pharmaceuticals of poor quality or with expired use duration for charity purposes or donation.
6. Deliberately supplying untrue or forged results of testing, examination, inspection, verification and certification of product and goods quality.
7. Forging or illegally using standard- or regulation-conformity stamps or other signs of product and goods quality.
8. Replacing, fraudulently exchanging, adding or reducing ingredients or additives of, or mixing impurities with products and goods, thus reducing their quality compared with announced applicable standards or relevant technical regulations.
9. Giving untruthful information or advertisement or committing fraudulent acts related to product and goods quality or goods origin.
10. Concealing information on the products and goods capability of causing unsafe to humans, animals, plants, assets or the environment.
11. Manufacturing or processing products and goods with raw materials or materials banned from use for the production or processing of those products and goods.
12. Abusing ones positions or powers or the state control of product and goods quality to illegally obstruct, trouble or harass production and business activities of organizations and individuals or cover up acts of violation of the law on product and goods quality.
13. Abusing product and goods quality control activities to cause harms to national interests, social order and safety.
Chapter 2
RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS TOWARDS PRODUCT AND GOODS QUALITY
Section I. RIGHTS AND OBLIGATIONS OF PRODUCTION AND BUSINESS ORGANIZATIONS AND INDIVIDUALS
Article 9. Rights of producers
1. To decide on and announce the quality of products they manufacture or supply.
2. To decide on internal control measures in order to ensure product quality.
3. To select appropriate evaluation organizations for testing, verifying, inspecting and certifying product and goods quality.
In case of certification of regulation conformity, examination of product quality according to state management requirements, producers shall select designated conformity evaluation organizations.
4. To use standard- or regulation- conformity stamps and other signs for products according to law.
5. To request sellers to cooperate in the withdrawal and handling of goods of poor quality.
6. To complain about conclusions of examination teams or decisions of examination agencies or competent state management agencies.
7. To be entitled to compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.
Article 10. Obligations of producers
1. To observe the conditions for ensuring the quality of products before they are put on the market according to Article 28 of this Law and take responsibility for products they manufacture.
2. To display quality information on goods labels, packing or in documents accompanying goods in accordance with legal provisions on goods labeling.
3. To supply truthful information on product and goods quality.
4. To warn about the products capability of causing unsafe and notify preventive methods to sellers and consumers.
5. To announce the requirements on transportation, storage, preservation and use of products and goods.
6. To supply purchasers and consumers with information on warranty and warranty services for products and goods.
7. To repair, refund money or exchange for new goods or receive back defective ones which are returned by sellers or consumers.
8. To promptly stop production, notify such to, concerned parties and take remedies when detecting that products or goods cause unsafe or fail to conform to announced applicable standards or relevant technical regulations.
9. To withdraw and handle products and goods of poor quality. If the goods must be destroyed, to bear all costs of goods destruction and be liable for its consequences in accordance with law.
10. To pay compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.
11. To observe competent state agencies regulations and decisions on inspection and supervision.
12. To pay costs of testing, standard- or regulation- conformity certification according to Article 31; sample-taking and testing costs according to Article 41; sample-taking, testing and inspection costs according to Article 58 of this Law.
13. To prove wrong results and faults of conformity evaluation organizations according to Clause 2. Article 63 of this Law.
Article 11. Rights of importers
1. To decide to select the level of quality of goods they import.
2. To request exporters to supply goods of proper quality as agreed upon in contracts.
3. To select inspection organizations to inspect the quality of goods they import.
4. To use standard- or regulation-conformity stamps and other signs for imported goods according to regulations.
5. To decide on internal control measures in order to maintain the quality of products and goods they import.
6. To request sellers to cooperate in withdrawing and handling goods of inferior quality.
7. To complain about conclusions of quality controllers or examination teams, or decisions of examination agencies or competent state management agencies.
8. To be entitled to compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.
Article 12. Obligations of importers
1. To observe the conditions for ensuring the quality of imported goods according to Article 34 of this Law.
2. To take responsibility for the quality and labeling of goods they import in accordance with law.
3. To supply truthful information on product and goods quality.
4. To organize and control the process of transportation, storage and preservation in order to maintain goods quality.
5. To announce conditions which must be complied with during the transportation, storage and preservation of goods in accordance with law.
6. To warn sellers and consumers about the goods capability of causing unsafe and notify them of preventive measures.
7. To supply information on warranty and provide warranty service to sellers and consumers.
8. To repair, refund money or exchange for new goods or receive back defective ones returned by sellers or consumers.
9. To promptly stop the import, notify such to concerned parties and take remedies when detecting that the goods cause unsafe or fail to conform to announced applicable standards or relevant technical regulations.
10. To re-export imported goods which fail to conform to relevant technical regulations.
11. To destroy imported goods which fail to conform with relevant regulations but cannot be re-exported; to bear all costs of goods destruction and be liable for its consequences in accordance with law.
12. To withdraw and handle goods of poor quality.
13. To pay compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.
14. To observe competent state agencies regulations and decisions on inspection and supervision.
15. To pay goods quality examination costs and fees according to Article 37; sample-taking and testing costs according to Article 41; sample-taking, testing and expertise costs according to Article 58 of this Law.
Article 13. Rights of exporters
1. To decide to select the level of quality of goods they export.
2. To select appropriate conformity evaluation organizations in order to test, inspect and certify the quality of export goods.
3. To decide on internal control measures in order to maintain the quality of goods till the time of transfer of ovnership of those goods to importers.
4. To use standard- or regulation-conformity stamps and other signs for exported goods according to regulations.
5. To request importers to cooperate in withdrawing and handling goods which fail to ensure the quality as agreed upon.
6. To complain about decisions of examination agencies or competent state management agencies.
7. To be entitled to compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.
Article 14. Obligations of exporters
1. To observe the conditions for ensuring the quality of exported goods according to Article 32 of this Law and take responsibility for goods quality.
2. To take measures for handling exported goods which fail to comply with Article 33 of this Law. If the goods must be destroyed, to bear all costs of goods destruction and take responsibility for its consequences in accordance with law.
3. To comply with competent state agencies regulations and decisions on inspection and supervision.
4. To pay costs of testing and standard- or regulation-conformity certification according to Article 31; sample-taking and testing costs according to Article 41 and sample-taking, testing and inspection costs according Article 58 of this Law.
Article 15. Rights of sellers
1. To decide on modes of examination of goods quality.
2. To select appropriate evaluation organizations for testing and inspecting goods.
3. To decide on internal control measures in order to maintain goods quality.
4. To settle disputes under the provisions of Section 1, Chapter V of this Law and request producers or importers that have supplied goods to pay compensation for damage according to Clause 1, Article 61 of this Law.
5. To complain about conclusions of quality controllers, examination teams and decisions of examination agencies or competent state management agencies.
6. To be entitled to compensations under the provisions of Section 2, Chapter V of this Law and relevant provisions of. law.
Article 16. Obligations of sellers
1. To observe the conditions for ensuring the quality of goods circulated on the market according to Article 38 of this Law and take responsibility for goods quality.
2. To check the origin of goods, goods labels, standard- or regulation-conformity stamps and documents related to goods quality.
3. To supply truthful information on product and goods quality.
4. To apply measures to maintain the quality of goods during their transportation, storage and preservation.
5. To notify purchasers of conditions to be ensured during the transportation, storage, preservation and use of goods.
6. To supply purchasers with information on goods warranty.
7. To supply documents and information on goods subject to examination to quality controllers, and product and goods quality examination teams and agencies.
8. To promptly supply purchasers with information on the goods capability of causing unsafe and preventive measures upon receiving warnings from producers or importers.
9. To promptly stop selling goods and notifying producers, importers and purchasers when detecting unsafe goods or goods which fail to conform to announced applicable standards or relevant technical regulations.
10. To refund money or exchange goods for new ones or receive back defective goods returned by purchasers.
11. To cooperate with producers and importers in withdrawing and handling goods which fail to conform to announced applicable standards or relevant technical regulations.
12. To pay compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.
13. To comply with competent state agencies regulations and decisions on inspection and supervision.
14. To pay sample-taking and testing costs according to Article 41, and sample-taking and inspection costs according Article 58 of this Law.
Section 2. RIGHTS AND OBLIGATIONS OF CONSUMERS
Article 17. Rights of consumers
1. To be supplied with truthful information on the safety and quality of products and goods and provided with instructions on their transportation, storage, preservation and use.
2. To be supplied with information on warranty for goods, their capability of causing unsafe and preventive measures upon receiving warnings from producers or importers.
3. To request sellers to repair, refund money for. exchange or receive back defective goods.
4. To be entitled to compensations under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.
5. To request organizations and individuals producing and/or trading in goods to fulfill their responsibility for the protection of consumer interests according to the law on protection of consumer interests.
6. To request consumer interest-protecting organizations to protect their lawful interests according to the law on protection of consumer interests.
Article 18. Obligations of consumers
1. To observe the conditions for assurance of good quality in the course of using goods according to Article 42 of this Law.
2. To comply with producers, importers and sellers regulations and instructions on the transportation, storage, preservation and use of products and goods.
3. To comply with regulations on verification of the quality of products and goods quality in the process of using those on the lists issued by line ministries.
4. To observe legal provisions on environmental protection in the process of using products and goods.
Section 3. RIGHTS AND OBLIGATIONS OF CONFORMITY EVALUATION ORGANIZATIONS AND CONSUMER INTEREST-PROTECTING ORGANIZATIONS
Article 19. Rights of conformity evaluation organizations
1. To test, inspect, verify and certify product and goods quality on the basis of contracts signed with organizations and individuals requesting conformity evaluation in their registered operation domain or under designation by competent state agencies.
2. To get paid according to agreements with organizations or individuals producing and/or trading in products and goods that request conformity evaluation or at the request of competent state agencies.
3. To supply testing results to corresponding subjects of conformity evaluation.
4. To grant, re-grant, expand, narrow the scope or suspend and withdraw conformity evaluation certificates, the right to use standard - or regulation-conformity stamps already granted to corresponding subjects of verification or certification.
5. To refuse to supply information related to goods-quality test, inspection, verification and certification results to third parties, unless it is requested by a competent state agency.
6. To have their conformity evaluation results recognized by competence state agencies in accordance with law.
7. To collect costs of test and certification of standard or regulation conformity according to Article 31; charges and fees for examination of the quality of imported goods according to Article 37; testing costs according to Article 41; and testing and inspection costs according to Article 58 of this Law.
Article 20. Obligations of conformity evaluation organizations
1. To meet the conditions set in Clause 5. Article 25 of this Law.
2. Not to refuse to supply services unless they can give plausible reasons.
3. To keep secret conformity evaluation information, data and results of organizations subject to conformity evaluation, unless they are requested by competent state agencies.
4. To ensure publicity, transparency, independence, objectivity, accuracy and no discrimination based on goods origin and organizations and individuals conducting product and goods quality-related activities.
5. To ensure the conformity evaluation order and procedures according to the law on standards and technical regulations.
6. To announce on the mass media the grant, re-grant, expansion, narrowing down of the scope, suspension or revocation of conformity certificates and the right to use standard - or regulation-conformity stamps.
7. To be subject to supervision or inspection of their conformity evaluation activities by competent state agencies.
8. To take responsibility before law for conformity evaluation results.
9. To pay fines to organizations and individuals with evaluated products and goods in case of supplying wrong conformity evaluation results. Fine levels shall be agreed upon by concerned parties but must not exceed 10 times the evaluation cost; if concerned parties cannot reach agreement, fine levels shall be decided by arbitration or a court but must not exceed 10 times the evaluation cost.
10. To pay compensation according to Clause 1, Article 63 of this Law.
Article 21. Rights and obligations of professional organizations
1. To propagate and disseminate to production and business organizations and individuals knowledge about the application of the law on product and goods quality: to form a sense of responsibility for producing and trading in quality-products and goods for consumer interests, which save energy and are environment-friendly; to raise social awareness about consumption, form civilized consumption habits.
2. To support, and raise the awareness of, production and business organizations and individuals about and encourage them to apply the law on product and goods quality.
3. To organize training and retraining in the modes of product and goods quality control and social debate in the control of product and goods quality.
4. To comment on draft legal documents on product and goods quality.
5. To lodge complaints or initiate lawsuits concerning disputes over product and goods quality which cause harms to their or their members interests.
Article 22. Rights and obligations of consumer interest-protecting organizations
1. To represent consumers in protecting their lawful rights and interests when receiving complaints or reports on the quality of goods which fail to conform to announced applicable standards, relevant technical regulations, the quantity indicated on goods labels or the quality prescribed in contracts.
2. To receive information relating to organizations and individuals producing unconformable products or trading in unconformable goods, the degree of the goods non-conformity with announced applicable standards or corresponding technical regulations, and supply this information to mass media agencies, and concurrently take responsibility for their supplied information.
3. To propose supervision and inspection agencies or competent state agencies to handle production and business organizations for their violations related to product and goods quality.
4. To lodge complaints or initiate lawsuits about the quality of products or goods which cause harms to consumers.
5. To provide guidance and advise on consumer interests related to product and goods quality.
Chapter 3
CONTROL OF PRODUCT AND GOODS QUALITY IN PRODUCTION, IMPORT, EXPORT, CIRCULATION ON MARKET, AND USE
Section 1. GENERAL PROVISIONS ON MEASURES FOR PRODUCT AND GOODS QUALITY CONTROL
Article 23. Announcement of applicable standards
1. Producers and importers shall announce fundamental properties, warning information and standard codes on goods on one of the following:
a/ Goods packing;
b/ Goods labels;
c/ Documents accompanying products or goods.
2. Contents of announced applicable standards must not be contrary to the requirements under technical regulations promulgated by competent state agencies.
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