Proposing additional post-inspection methods when assessing conformity with technical regulations
The Vietnam Confederation of Commerce and Industry (VCCI) has just commented on the Draft Law amending and supplementing a number of articles of the Law on Standards and Technical Regulations.
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According to VCCI, Article 41.3 of the Law on Standards and Technical Regulations stipulates that "assessment of conformity with technical regulations is carried out compulsorily according to state management requirements in the form of testing, inspection, and certification of conformity and declaration of conformity".
The word "and" here is understood that the enterprise must carry out all testing, inspection, certification of conformity and declaration of conformity. Article 48 of the Law and the Draft stipulate that enterprises must carry out procedures for certification of conformity and declaration of conformity.
Although Article 48.1 of the Draft allows businesses to self-assess conformity, this assessment must still be based on testing results at a recognized, or designated testing organization. In addition, Circular No.28/2012/TT-BKHCN and specialized management regulations require businesses to complete procedures for declaring conformity before releasing them into circulation.
In fact, there are cases where some types of goods still have Technical Regulations to ensure safety for users, but the risk of unsafe situations is very low or has been minimized thanks to other management measures. This phenomenon may occur when over time, businesses in the industry increasingly improve technology to ensure product quality or due to upgrades in other management regulations, such as registration for circulation or good production practices.