Circular 11/2011/TT-BKHCN amending Circular 09/2009/TT-BKHCN guiding the requirements, order and procedures for appointing conformity assessment organizations issued by the Minister of Science and Technology onion

CIRCULAR

ON AMENDMENTS AND SUPPLEMENTS OF A NUMBER OF PROVISIONS OF CIRCULAR NO.09/2009/TT-BKHCN DATED APRIL 08, 2009 OF MINISTER OF SCIENCE AND TECHNOLOGY GUIDING ON THE REQUIREMENTS AND ORDER AND PROCEDURES FOR APPOINTMENT OF ORGANIZATIONS OF CONFORMITY ASSESSMENT

Pursuant to the Decree No.28/2008/ND-CP dated March 14, 2008 of the Government regulating functions, duties, powers and organizational structure of Ministry of Science and Technology;

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

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

Pursuant to the Decree No.132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of some Articles of the Law on Quality of Product and Goods;

At the Proposal of the General Director of Directorate for Standards, Metrology and Quality, Minister of Science and Technology defines:

Article 1. To amend and supplement some provisions of the Circular No.09/2009/TT-BKHCN dated 08/4/2009 of the Minister of Science and Technology guiding on the requirements, order, procedures for appointment of organizations of conformity assessmentas follows:

1. To amend and supplement Points 2.1, 2.2.3 and 2.3, Clause 2, Section II as follows:

"2.1. Organization of conformity assessment upon request to participate in testing, inspection, calibration, and certification for state management in specific areas is required to set up 01 set of registration dossier and send to the following respective agencies.

If dossier is submitted directly at the contact agency specified in Clause 1, Section III of the Circular No.09/2009/TT-BKHCN, the documents specified in points 2.2.2 and 2.2.7, Clause 2, Section II have not been certified, they must have the originals for comparison. If the dossier is sent by mail, certification organization shall submit certified copies of documents stipulated in points 2.2.2 and 2.2.7, Clause 2, Section II.

2.2.3. List of testers, inspectors, calibrating persons, assessors meeting the requirements specified clauses 1.1.2, 1.2.1.2, Section II, in the form prescribed in Appendix II of Circular No.09/2009/TT-BKHCN dated 08/4/2009 of the Ministry of Science and Technology guiding on the requirements, order, procedures to appoint Organization of conformity assessment (hereinafter referred to as Circular No.09/2009/TT-BKHCN).

2.3. Within 20 working days from the date of receipt of complete and valid dossier, contact agency shall examine the dossier, evaluate the actual capacity at the facility (if necessary) and make decision to appoint the conformity assessment organization under the form prescribed in Appendix IV of the Circular No.09/2009/TT-BKHCN. The validity of the decision to appoint is not more than 03 years.

In case of refusal, contact agency must notify the reasons therefor in writing to the conformity assessment organization".

2. To amend and supplement Point 2.2, Clause 2 of Section III as follows:

"2.2. Annually, or irregularly upon request, report results of conformity assessment operation which has been appointed in the prescribed form in Appendix V of the Circular No.09/2009/TT-BKHCN to the contact agency appointed conformity assessment organization for synthesis."

Article 2. Directorate for Standards, Metrology and Quality is responsible for guiding, organizing the implementation of this Circular.

Article 3.

1. This Circular takes effect as from August 20, 2011.

2. Where the legal documents referenced in this Circular are amended, supplemented or replaced, then shall comply with the new documents.

3. General Director of Directorate for Standards, Metrology and Quality, Director of Legal Affairs Department and other concerned organizations and individuals shall implement this Circular.

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