Some Proposals to Improve the Efficiency of Quality Control for

Other competent forces inspect and detect violations of Phu Quoc fish sauce quality.

However, the lack of a system of stamps, labels, packaging, and quality certification stamps has caused many difficulties in the process of tracing the origin of products. Many violations have not been detected in time and strictly handled, leading to the infringement of the rights to the Phu Quoc geographical indication for fish sauce products still being widespread. The situation of fake and counterfeit Phu Quoc fish sauce products being popular in domestic and foreign markets is still a difficult problem for management agencies, collective organizations, and households producing and trading products.

Some models, thanks to reasonable organizational structures and appropriate investment, have implemented relatively complete and comprehensive quality control activities and achieved effectiveness.

Control activities are carried out relatively comprehensively, both internally and externally, from monitoring the current status of cultivation and product production to checking the quality of specific product batches as a basis for granting the right to use geographical indications and controlling products bearing geographical indications circulating on the market. In particular, some models have built a unified system of stamps, labels, and product packaging, and at the same time issued and managed the number of stamps, labels, and packaging issued, which plays an important role in the quality control process for products bearing geographical indications. These processes support, complement, and coordinate smoothly with each other to bring about high control efficiency. Let's study how control activities have been scientifically carried out in the Quality Control Model for Lang Son Star Anise. Including the following 4 specific activities:

(i) Control of current status of cultivation and product production:

Implemented by Lang Son Star Anise Production and Trading Association.

The control contents include: Checking the actual operation situation of manufacturers and businesses (location, area, output, scale, production capacity, etc.); Monitoring the application of regulations on cultivation techniques, harvesting, processing, preservation, and products bearing geographical indications in accordance with the widely announced technical processes to ensure product quality.

The process of controlling the current status of Lang Son Star Anise cultivation and production is carried out scientifically from: guiding declaration, declaration, data confirmation, actual inspection to granting membership codes and establishing a book to monitor the current status of cultivation and production. The specific process is shown in the following diagram:

Requirements and instructions for declaring current status (1)

Diagram 2.3:Process of controlling the current status of cultivation and product production (Source: Ipsard.gov.vn)

Exactly

Repair

No fix

Check, confirm

receive status quo

farming (3)

Request the Association's Executive Committee to issue a membership code (3)

Complaints (1)

Repair

Not Confirmed

Declaration of area, scale of cultivation…(2)

Check, confirm data; report to KSV (1)

Request for repair, addition (1)

Note:

(1) Branch President

(2) Members

(3) Board of Control

(4) Executive Committee

No Repair

Unfounded

Decision not to confirm (3)

Well-founded

No change of mind (4)

Are not

Confirm

Proposed corrections and additions (3)

Maybe you are interested!

Unfounded

Well-founded

Decision to grant membership number (4)

Establish a logbook to monitor the current cultivation status (3)

(ii) Control the issuance and use of stamps, labels and product packaging:

Conducted by Lang Son Star Anise Production and Trading Association under direct supervision and inspection of the Department of Standards, Metrology and Quality (Quality Control Agency).

The purpose of this process is to issue the number of stamps, labels, and packaging corresponding to the number of products and to ensure that stamps, labels, and product packaging are only used for products that meet specific sensory and quality requirements. This creates an important basis for identifying and tracing the origin of products - an important factor in the effectiveness of quality control of products bearing geographical indications.

This process includes two basic contents: Controlling the issuance of stamps, labels, and packaging and Managing the use of stamps, labels, and packaging issued for star anise products that meet quality standards.

In particular, Controlling the issuance of stamps, labels and packaging includes the following activities: Reviewing requests for stamps, labels and product packaging from members; Checking the actual cultivation quantity; Deciding to issue stamps, labels and packaging in appropriate quantities and Establishing a logbook. Managing the use of stamps, labels and product packaging includes activities such as: Monitoring and checking the harvesting, sorting and processing of star anise; Attaching stamps, labeling and packaging products that meet quality standards for circulation on the market and Establishing a logbook for the use of this quantity of stamps, labels and packaging.

The specific diagram of the process is as follows:

Diagram 2.4:Procedure for controlling the issuance and use of stamps, labels and packaging (Source: Ipsard.gov.vn)

Control the issuance of stamps, labels, and product packaging

Modify

Check actual quantity (2)

Unreasonable

Request for stamps, labels, product packaging (1)

Decision on granting stamps, labels, packaging and Star anise harvesting time (3)

Keep a logbook for issuing stamps, labels, and product packaging (2)

Request to modify quantity (2)

Decision Not to grant or Grant only with number

quantity corresponding to actual number (2)

Sold to the market as a regular product (without

stamp, label)

No modification

Not achieved

Star anise harvesting and grading/ Processing (1)

No stamps allowed (2)

Complaints

Not up to standard

Checking classified and processed agricultural products (2)

standard

No complaints

Manage the use of issued stamps, labels and packaging

Packaging, stamping, labeling (1)

Meet the standards

Keep a logbook of the use of stamps, labels, and product packaging (2)

Note:

(1) Member

(2) Board of Control

(3) Chairman of the Board

Product consumption (1)

(iii) Checking the quality and granting the right to use Lang Son geographical indication for star anise products that meet the standards :

Conducted by the Geographical Indications Management Agency (Department of Science and Technology of Lang Son province) and the Quality Control Agency (Department of Standards, Metrology and Quality).

Specific contents include: Reviewing the conditions for using CDDL of production and business households; Checking the quality of star anise product batches that require quality certification; Issuing quality confirmation stamps for qualified batches; and Establishing a logbook for the issuance and use of quality confirmation stamps.

The specific process is described in the following diagram:

Diagram 2.5:Quality control process, granting the right to use Geographical Indication of Lang Son Star Anise

Refusal to grant the right to use CDDL/confirm product quality (2)

(Source: Ipsard.gov.vn)

Request for confirmation of eligibility to use CDDL/ Request for confirmation of quality

Qualified product batch (1)

Review of CDDL usage conditions/ Check product batch quality (2)

Decision on granting the right to use CDDL/ Confirmation of product batch meeting quality standards (3)

Issue confirmation stamp for shipment (2)

Establish a logbook to track the issuance and use of quality certification stamps (2)

Confirmation of CDDL usability

and Quality Assurance

product quantity

Note:

(1) Lang Son Star Anise Producer and Trader

(2) Quality control agency (Department of Quality Control)

(3) CDDL Management Agency (Department of Science and Technology)

Meet the requirements

Not qualified

(iv) Control of products bearing the geographical indication of Lang Son Star Anise circulating on the market:

Conducted by the Geographical Information Management Agency (Department of Science and Technology of Lang Son province) and the Quality Control Agency (Department of Standards, Metrology and Quality), with the coordination of other State agencies such as market management units, economic inspectors, etc. Including activities to check the quality of products without quality confirmation stamps, promptly detect cases of quality violations, trace the origin of shipments and request competent authorities to handle violating organizations and individuals.

The specific process is illustrated by the following diagram:

Diagram 2.6.Process of controlling products circulating on the market

Tracing the origin of product batches and Handling of violating organizations and individuals:

- Remove product labels and stamps

- Suggest the relevant agency

Authority to apply other sanctions (3)

(Source: Ipsard.gov.vn)

Products without quality certification stamp (1)

Control the work

save

Product Information and Violation Handling

Quality control (2)

Continued circulation (1)

Meet the standards

Not up to standard

Note:

(1) Lang Son Star Anise Producer and Trader

(2) Quality control agency (Department of Quality Control)

(3) CDDL Management Agency (Department of Science and Technology)

The quality control model for Lang Son Star Anise is one of the few models that implements control activities relatively effectively thanks to a reasonable organizational structure and scientific operation methods. However, in order for the model to be more effective, especially when Lang Son Star Anise products have

In order to have a higher position and brand in the market, these activities still need to be tightened and placed under more frequent supervision by the authorities. Especially when the market for products is expanded, the control of products circulating in the market needs deeper participation and smooth coordination of many functional units such as market management units, economic police, economic inspectors of provinces and cities across the country.

In general, in terms of law, in recent years our country has built a relatively complete and comprehensive legal system on intellectual property in general and geographical indications in particular. However, some provisions of current law on geographical indications still have many shortcomings and limitations. The quality control work for geographical indications has not yet been legalized or specifically guided in legal documents, except for a few general provisions such as the entity responsible for managing geographical indications...

Vietnam's geographical indications are also being quality controlled in locally managed models. However, many models have revealed certain limitations. The organizational structure of many models appears unreasonable, most of which are relatively simple and loose, while others are messy and overlapping. Most models have not established and well managed a unified system of stamps, labels, and product packaging, and have not yet built standard quality certification stamps for products bearing geographical indications. In some models, control activities are not really complete and strict. In particular, the role of Collective Organizations and Industry Associations in internal control in many models is still unclear.

These limitations make quality control generally ineffective; counterfeit, fake, and poor quality products bearing geographical indications are still common.

In order for the protection of geographical indications to truly promote socio-economic effects, especially in preventing counterfeit goods, protecting consumer rights and enhancing the brand of Vietnamese goods in the international arena, solutions to overcome limitations and enhance the effectiveness of quality control for geographical indications are essential.

Chapter 3: SOME PROPOSALS TO IMPROVE THE EFFICIENCY OF QUALITY CONTROL FOR

GEOGRAPHICAL INDICATIONS OF VIETNAM

1. Perfecting the system of legal documents on geographical indications in general and quality control issues for geographical indications in particular

As presented in the previous contents, the system of legal documents on intellectual property in general, geographical indications and quality control issues for geographical indications in particular still has many shortcomings and deficiencies that need to be improved.

Many regulations on geographical indications need to be studied, revised and supplemented to be suitable and cover all practical cases such as: the issue of recognizing protection for geographical indications as place names that have disappeared on the map; additional regulations when geographical indications are images or symbols; specific guidance documents in cases of conflicts between geographical indications and trademarks; especially, in cases where local facilities, techniques and production scale do not yet meet the requirements for protection in the form of geographical indications, the State and competent authorities need to have orientations and guidance on product protection in other more suitable forms...

Current legal documents only mention the authority to manage geographical indications (Law on Intellectual Property 2005) or quality control for ordinary goods (Law on Product and Goods Quality 2007), while the control of geographical indications is very important and includes more categories than other types of goods, but it has not been mentioned. This is an important reason why the quality control of geographical indications in Vietnam has been chaotic and difficult to manage in the past. In order to ensure that quality control is implemented consistently and has high legal effectiveness for all protected geographical indications, as well as to create a premise for geographical indications to be recognized by the State, regulations on quality control as a basis for granting the right to use geographical indications need to be included in the law . Issues that need to be developed include: concepts, management content, quality control of geographical indications;

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