The event aims to contribute ideas and proposals to develop a draft decision of the Prime Minister to replace Decision No. 36/2010/QD-TTG of the Prime Minister on promulgating the "Regulations on coordination in product and goods quality inspection".
At the Workshop, many opinions pointed out the shortcomings in implementing the above Regulations after more than 12 years of implementation; from there, specific proposals were made in accordance with current practices.
Regulations on coordination of product quality inspection to achieve certain results
Speaking at the Workshop, Acting Director General of the General Department of Standards, Metrology and Quality Ha Minh Hiep said that on April 15, 2010, the Prime Minister issued Decision No. 36/2010/QD-TTg promulgating the "Regulations on coordination in product and goods quality inspection".
After more than 12 years of implementing this Regulation, many outstanding results have been achieved in the coordination between the inspection agencies at the central level, and between the central agencies and local agencies. The specialized management ministries and localities have assigned their subordinate inspection agencies to proactively, according to their functions, tasks, and state management authority of the specialized management ministries and localities, monitor and assess risks and developments in production and business practices to advise, develop and submit to competent authorities or issue, according to their authority, inspection plans on product and goods quality; at the same time, coordinate with relevant agencies to conduct regular and specialized inspections according to approved plans to promptly detect and handle violations, helping to prevent violations of the law and protect consumer rights.
After 12 years of implementation, this Regulation has revealed some limitations and shortcomings. Accordingly, regarding coordination in information sharing and Plan development, the Regulation currently stipulates the functions, tasks, powers and organizational structures of the General Departments, Departments and equivalents under the Ministries, and has assigned many units to be responsible for assisting the Minister in inspecting the compliance with the law in the sectors and fields under his state management, including the inspection of product and goods quality. Therefore, every year, units have proactively developed inspection plans in their sectors and fields of management. The planning process is often carried out internally within each unit, without a mechanism for coordination, sharing and accessing information, leading to many overlaps and duplications in content and inspection subjects, causing difficulties for businesses, and not in accordance with the spirit of Directive No. 20/CT-TTg dated May 17, 2017 of the Prime Minister on rectifying inspection and examination activities.
Regarding coordination in the inspection of plan implementation, the current coordination regulations issued with Decision No. 36/2010/QD-TTg are only limited to coordinating quality inspection, not fully demonstrating the inspection responsibilities assigned in the Laws on Technical Standards and Regulations, and Measurement, while the quality of products and goods is closely linked and inseparable from these two laws.
Regarding coordination between inspection agencies and inspection agencies, although the legal system on inspection has fully and strictly regulated the development of inspection plans and handling of overlaps and duplications, the inspection law only regulates coordination between agencies assigned to perform specialized inspection functions. There is no coordination mechanism between inspection agencies and agencies assigned to perform specialized inspection functions on handling overlaps and duplications.
In addition, there are a number of other contents related to coordination work through practical summarization of Decision 36 that need to be studied, revised, supplemented, and replaced to comply with the provisions of newly issued Laws and Decrees and practical requirements.
Sharing the same view, Ms. Cao Thi Bich Ha, Deputy Director in charge of the Department of Product and Goods Quality Management, General Department of Standards, Metrology and Quality, said that after more than 12 years of implementing the Regulation on coordination of product quality inspection, certain results have been achieved in the coordination work between functional agencies; however, reality shows that many shortcomings and limitations have arisen in the process of implementing the Regulation. Therefore, it is necessary to amend and supplement highly feasible regulations, meeting the requirements of coordination in inspection and examination work, ensuring focus, key points, handling overlaps and duplications between inspection and examination activities, handling administrative violations or omitting management subjects in the same area in the field of standards, metrology and quality.
Amendment and supplementation of the Regulations is necessary in the current context.
Given the shortcomings and limitations of the current Regulation, amending and supplementing the Regulation is necessary in the current context. The Draft Decision of the Prime Minister promulgating the “Regulations on coordination of inspection and examination in the field of standards, measurement and quality” to replace Decision No. 36/2010/QD-TTg dated April 15, 2010, is currently being widely consulted by the Ministry of Science and Technology .
The Ministry of Science and Technology held a meeting of the Drafting Committee and the Editorial Team to draft the Decision to promulgate the "Regulations on coordination of inspection and examination in the field of quality measurement standards"; jointly assessed and agreed on the limitations and shortcomings over 12 years of implementing the "Regulations on coordination of inspection of product and goods quality" and discussed the contents to consider and include in amending Decision No. 36/2010/QD-TTg.
On July 11, 2023, the Ministry of Science and Technology issued Official Dispatch No. 2176/BKHCN-TDC to ministries, ministerial-level agencies and People's Committees of 63 provinces and centrally-run cities to solicit comments on the draft replacing Decision No. 36/2010/QD-TTg.
According to the Ministry of Science and Technology, the viewpoint of drafting the Decision must be consistent with the orientation of the Party, Government, and Prime Minister on inspection and examination work; ensuring inheritance and consistency with legal documents on quality measurement standards, inspection, examination, and handling of administrative violations.
In addition, the draft needs to amend inappropriate regulations, supplement and update regulations in newly issued legal documents and be suitable to practical requirements. The regulations in the draft need to be highly feasible, meeting the requirements of coordination in inspection and examination work between ministries, branches and localities, avoiding overlap and duplication.
Mr. Ha Minh Hiep said that with the comments, sharing, exchange and discussion at this Workshop, the General Department of Standards, Metrology and Quality will be the focal point, coordinating with the Department of Legislation, Ministry of Science and Technology to continue researching and coordinating with relevant agencies in the process of completing the draft Decision to replace Decision No. 36/2010/QD-TTg to suit the actual situation and international integration./.
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