Procedures for announcement of standard conformity for construction materials

Situation: We are Company A, a limited liability company specializing in importing and distributing construction materials. Currently, our company is preparing to introduce a line of high-end imported tiles to the market. Based on advice from a relative, to ensure compliance with current Vietnamese legal regulations, we want to carry out the procedures for announcing standard conformity for this product. Therefore, I would like to ask the lawyer about what standard conformity announcement is? What are the procedures and types of dossiers required for announcing standard conformity for product materials as stipulated?

Answer:

1. Overview of Standard Conformity Announcement

According to Clause 1, Article 3 of Circular 28/2012/TT-BKHCN: “Announcement of standard conformity means announcement by an organization or individual of the conformity of objects of activities in the domain of standard with relevant standards.”

Article 7 of Circular 28/2012/TT-BKHCN states the principles for applying standard conformity announcement as follows:

• The subjects of standard conformity announcement are products, goods, services, processes, or environments specified in the corresponding standards.
• It is a voluntary activity.
• The announcement of conformity with the corresponding standards is based on:

• The results of standard conformity certification conducted by a registered certification organization; or
• The results of self-assessment of conformity by the announcing organization.

• Testing for the purpose of standard conformity assessment must be carried out at a registered testing organization.

Legal Basis: Clause 1, Article 3 and Article 7 of Circular 28/2012/TT-BKHCN.

2. Dossier for Registering Standard Conformity Announcement

According to Article 9 of Circular 28/2012/TT-BKHCN the organization announcing standard conformity shall prepare two sets of the dossier:

• 01 set is submitted directly or sent via postal service to the Sub-Department of Standards, Metrology, and Quality at the local level.
• 01 set is kept at the organization.

Depending on the basis for conformity assessment, the dossier includes:

1. In case the announcement is based on the results of standard conformity certification by a registered certification organization (third party), the dossier includes:

• The standard conformity announcement form (as per Form 2. CBHC/HQ in Appendix III - Circular 28/2012/TT-BKHCN);
• A certified true copy of the documents proving the production and business activities of the announcing organization (Enterprise Registration Certificate/Business Registration Certificate);
• A certified true copy of the standard used as the basis for the announcement;
• A certified true copy of the Standard Conformity Certificate issued by the registered certification organization, accompanied by the conformity mark sample.

Note: During the review process, if necessary, the original documents may be examined for comparison, or additional certified copies may be requested.

1. In the case where the standard conformity announcement is based on the self-assessment results of the producing and trading organization (first party), the dossier includes:

• The standard conformity announcement form (as per Form 2. CBHC/HQ in Appendix III - Circular 28/2012/TT-BKHCN);
• A certified true copy of the documents proving the production and business activities of the announcing organization (Enterprise Registration Certificate);
• A certified true copy of the standard used as the basis for the announcement;
• Considering whether the announcing organization has or has not been granted a certificate of conformity with management system standards (ISO 9001, ISO 22000, HACCP, etc.) by a registered certification organization:
• If not granted a certificate: must have the production process accompanied by a quality control plan that has been established and applied (as per Form 1. KHKSCL - Appendix III of Circular 28/2012/TT-BKHCN) and a management system monitoring plan;
• If granted a certificate: must have a certified true copy of the valid Certificate of Conformity with management system standards;
• The standard conformity assessment report (as per Form 5. BCĐG - Appendix III of Circular 28/2012/BKHCN) accompanied by a certified true copy of the test result sheet for samples within 12 months prior to the submission date of the standard conformity announcement dossier from a registered testing organization.

Note: During the review process, if necessary, the original documents may be examined for comparison, or additional certified copies may be requested.

Legal Basis: Article 9 of Circular 28/2012/BKHCN.

3. Procedures for Announcement of Standard Conformity

According to Article 8 of Circular 28/2012/TT-BKHCN, the procedures for the Announcement of Standard Conformity are carried out as follows:

Step 1: Assessment of Conformity of the Subject of the Announcement with the Corresponding Standard ("Conformity Assessment")

• Conducted by:
• A registered certification organization (third party); or
• The organization making the announcement (first party).
• The conformity assessment is carried out according to the conformity assessment method specified in Clause 1, Article 6 of this Circular.
• The result of the conformity assessment serves as the basis for the organization to make the Announcement of Standard Conformity.

Legal Basis: Clause 1 Article 6 of Circular 28/2012/BKHCN

Step 2: Registration of the Announcement of Standard Conformity Dossier. The dossier is registered with the Department of Standards, Metrology, and Quality of the province or centrally-governed city where the producing organization has registered its enterprise or business household (hereinafter referred to as the "Department").

4. Processing of the Announcement of Standard Conformity Dossier

According to Article 10 of Circular 28/2012/TT-BKHCN, after registering the Announcement of Standard Conformity dossier with the Department, the processing of the dossier is carried out as follows:

• If the dossier is incomplete: within three (03) working days from the date of receiving the announcement of standard conformity dossier, the department shall issue a written notice requesting the organization making the announcement to supplement the required documents.

If after fifteen (15) working days from the date the Department sends the request, the enterprise has not fully supplemented the dossier as required, the Department has the right to cancel the processing of the dossier.

• If the Dossier is Complete:
  Within five (05) working days from the date of receiving the Announcement of Standard Conformity dossier, the Department shall organize an inspection to verify the validity of the dossier:
• If the dossier is complete and valid:
  The Department shall issue a Notice of Acceptance of the Announcement of Standard Conformity Dossier to the organization making the announcement.
• If the dossier is complete but invalid:
  The Department shall issue a written notice to the enterprise stating the reasons for not accepting the dossier.

Legal Basis: Articles 8 and 10 of Circular 28/2012/TT-BKHCN.