Quyết định 04/2008/QD-BNN

DECISION

PROMULGATING THE REGULATION ON ORGANIZATION OF AND COORDINATION BETWEEN THE VIETNAM SANITARY AND PHYTOSANITARY (SPS) NOTIFICATION AUTHORITY AND ENQUIRY POINT AND THE NETWORK OF SPS NOTIFICATION AND ENQUIRY POINTS UNDER MINISTRIES AND BRANCHES

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Governments Decree No. 86/2003/ND-CP of July 18, 2003, defining the functions, tasks, powers and organizational Structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Prime Ministers Decision No. 99/2005/QD-TTg of May 9, 2005, establishing the Vietnam Sanitary and Phytosanitary Notification Authority and Enquiry Point;
At the proposal of the director of the International Cooperation Department,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on organization of and coordination between the Vietnam SPS Notification Authority and Enquiry Point and the network of SPS Notification and Enquiry Points under ministries and branches.

Article 2. This Decision takes effect 15 days after its publication in CONG BAO.

Article 3. The director of the Office, the director of the International Cooperation Department, heads of concerned units under the Ministries of Agriculture and Rural Development; Industry and Trade; Health; and Science and Technology, and the director of the Vietnam SPS Notification Authority and Enquiry Point shall implement this Decision.

REGULATION

ON ORGANIZATION OF AND COORDINATION BETWEEN THE VIETNAM SPS NOTIFICATION AUTHORITY AND ENQUIRY POINT AND THE NETWORK OF SPS NOTIFICATION AND ENQUIRY POINTS UNDER MINISTRIES AND BRANCHES
(Promulgated together with the Agriculture and Rural Development Ministers Decision No. 04/2008/QD-BNN of January 10, 2008)

Chapter 1

GENERAL PROVISIONS

Article 1. Governing scope

This Regulation provides for the organization, tasks, working regime of, and coordination between, the Vietnam SPS Notification Authority and Enquiry Point (below referred to as the Vietnam SPS Authority for short) and the network of SPS Notification and Enquiry Points (below referred to as SPS Notification and Enquiry Points under ministries and branches) for the fulfillment of Vietnams transparency obligation towards notification and enquiry related to the implementation of the World Trade Organization (WTO) Agreement on the Application of SPS Measures (below referred to as the SPS Agreement for short).

Article 2. Subjects of application

This Regulation applies to notification and enquiry between the Vietnam SPS Authority and the network of SPS Notification and Enquiry Points set up at functional agencies under concerned ministries and branches for the performance of tasks defined in Article 4 of the Prime Ministers Decision No. 99/2005/QD-TTg of May 9, 2005. and Article 5 of this Regulation.

Article 3. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. SPS Agreement means the Agreement the application of sanitary and phytosanitan measures.

2. SPS measure means any sanitary and phytosanitary measure applied to protect human, animal or plant life within the Vietnamese territory from risks arising from the entry, establishment or spread of pests, diseases, disease-carrying organisms or disease-causing organisms; risks arising from additives, impurities, toxins or disease-causing organisms in foods, beverages or feedstuffs, risks arising from diseases carried by animals, plants or products thereof, toxins or from the entry, establishment or spread of pests or diseasesand to prevent or limit other damage caused by the entry, establishment or spread of pests or diseases, including legal documents, regulations, requirements, procedures and end product criteria; production processes and methods; testing, inspection, certification and approval procedures; quarantine treatments including requirements associated with the transport of animals or plants, or with the materials necessary for their survival during transport; provisions on relevant statistical methods, sampling procedures and methods of risk assessment; and packaging and labeling requirements directly related to food safety.

Article 4. Transparency obligations required by the SPS Agreement

1. To notify members through the WTO Secretariat of SPS measures specified in Clause 2, Article 3 of this Regulation; new drafts, amendments, supplements or documents issued by competent Vietnamese state agencies, which can create barriers to trade between Vietnam and other members, and, at the same time, consider and give consultations on members notifications in order to ensure that SPS measures which have been being or will be applied by members will not restrict Vietnams trade with those members.

a/ The time limit for notifying draft SPS measures for consultations of relevant domestic agencies and WTO members is, as prescribed, 60 days. This time limit may be extended at the request of members before the measures are synthesized and promulgated, except in urgent circumstances related to health, safety, environmental protection or national security, which comply with Clause 2, Appendix B to the SPS Agreement;

b/ Notifications shall be made in English, French or Spanish according to a form specified by the WTOs SPS Committee.

2. To receive, process and forward WTO members and Vietnams enquiries or answers on SPS measures which have been being and will be applied to members, meeting information requirements and transparency obligation under the SPS Agreement.

Chapter 2

ORGANIZATION AND TASKS OF THE VIETNAM SPS AUTHORITY AND THE NETWORK OF SPS NOTIFICATION AND ENQUIRY POINTS UNDER MINISTRIES AND BRANCHES

Article 5. Organization of the Vietnam SPS network

1. The Vietnam SPS Authority was set up under the Prime Ministers Decision No. 99/2005/QD-TTg of May 9, 2005, and is headquartered at the Ministry of Agriculture and Rural Development.

The Inter-Ministerial Working Team is composed of officials of the Animal Health Department, the Plant Protection Department and the National Fisheries Quality Assurance and Veterinary Directorate (the Ministry of Agriculture and Rural Development); the Food Safety and Hygiene Department (the Ministry of Health); the Directorate for Standards and Quality (the Ministry of Science and Technology); and the Department for Multilateral Trade Policies (the Ministry of Industry and Trade). Each agency shall appoint one leading official and one expert as members of the Inter-Ministerial Working Team to notify and answer or prepare and supply relevant documents under their management in accordance with this Regulation.

2. SPS Notification and Enquiry Points under ministries and branches are set up on the basis of technical assistance points based at functional agencies under ministries and branches, including the Animal Health Department, the Plant Protection Department, the National Fisheries Quality Assurance and Veterinary Directorate, and the National Directorate of Aquatic Resources Exploitation and Protection (the Ministry of Agriculture and Rural Development): the Food Safety and Hygiene Department (the Ministry of Health); the Directorate for Standards and Quality (the Ministry of Science and Technology); and the Department for Multilateral Trade Policies (the Ministry of Industry and Trade).

Article 6.Tasks of the Vietnam SPS Authority

1. To act as a national major body to fulfill the transparency obligation defined in Appendix B to the SPS Agreement regarding transparency of SPS regulations, notify, and provide enquiries and answers about. SPS-related contents and regulations and members requests for notification of methods and procedures for risk assessment, inspection, examination, approval procedures, and other relevant matters.

2. The Vietnam SPS Authority shall perform the tasks specified in Decision No. 1733/QD-BNN-TCCB of July 15, 2005, and the Regulation on organization and coordination promulgated together with Decision No. 11I7/QD-BNN-TCCB of April 18, 2006. and other tasks specified in this Regulation.

3. To coordinate activities of, and provide notification and enquiry guidelines to, agencies within the SPS network in accordance with WTO regulations.

4. To participate in international cooperation and make the best use of international financial, scientific and technical assistance, fulfill the transparency obligation and speed up the realization of commitments towards the SPS Agreement, fulfilling the member obligations.

Article 7. Tasks of SPS Notification and Enquiry Points under ministries and branches

To assume the prime responsibility for, and coordinate in, preparing and supplying documents in order to notify, and provide enquiries and answers about, contents and regulations on the application of SPS measures under their management according to the time and form specified by the WTO. To coordinate with SPS Notification and Enquiry Points under other ministries and branches and the Vietnam SPS Authority in accordance with this Regulation, specifically:

1. Notification tasks:

a/ To take the initiative in reviewing legal documents and summing up new drafts, amendments or supplements to documents related to the application of SPS measures under their management which may affect trade, and notify as soon as possible the Vietnam SPS Authority thereof in order to send them to the WTO Secretariat for notification to members for information and consultation;

b/ The time for notifying draft legal documents on SPS is at least 70 days before the promulgation of those documents, except for the case of application of urgent measures to protect human, animal or plant health: in this case, urgent SPS measures may be notified to the Vietnam SPS Authority before or after the legal documents take effect, stating the reason for the application of those urgent measures:

c/ To consider comments of WTO members and concerned domestic agencies and organizations on draft legal documents on SPS measures under their management before submitting them to competent agencies for promulgation;

d/ To notify the Vietnam SPS Authority of the conclusionof bilateral and multilateral agreements relating to signed SPS measures under their management.

2. Enquiry tasks:

a/ Toreceive and answer enquiries and supply information on SPS in the professional domains under their management within five days after receiving enquiries from the Vietnam SPS Authority or domestic agencies, organizations or individuals and WTO members;

b/ To answer, directly or through the Vietnam SPS Authority, enquiries and supply information related to SPS measures under their management to interested domestic agencies, organizations or individuals and WTO members;

c/ To notify the Vietnam SPS Authority of enquiries or requests to supply WTO members legal documents or SPS regulations under their management;

d/ To consider and give comments on other WTO members SPS measure-related draft documents under their management. Written comments shall be sent to the Vietnam SPS Authority within 50 days from the date of receipt of WTO members draft notifications forwarded by the Vietnam SPS Authority;

e/ To receive and transmit WTO members notifications on SPS measures by appropriate means of communication to concerned domestic agencies, organizations and individuals, paying attention to line associations and enterprises under their management which may be affected by these measures, within two working days from the date of receipt of notifications from the Vietnam SPS Authority.

3. To strictly observe notification and enquiry processes and procedures under the guidance of the Vietnam SPS Authority.

4. To study and propose appropriate measures to their direct managing authorities in order to assure effective SPS notification and enquiry.

5. To join international cooperation activities related to the fulfillment of the transparency obligation under the SPS Agreement.

Article 8. Payrolls and working regimes of organizations within the SPS network

1. The Vietnam SPS Authority and SPS Notification and Enquiry Points under ministries and branches shall perform their assigned tasks and have their personnel on the payrolls of their direct managing agencies.

2. Apart from payrolls assigned by their direct managing agencies, Notification and Enquiry Points may recruit laborers under labor contracts for performing tasks according to their assigned functions.

3. SPS Notification and Enquiry Points under ministries and branches shall work according to the single-leader regime and observe relevant legal provisions.

Article 9. Signs in documents of the Vietnam SPS Authority and SPS Notification and Enquiry Points under ministries and branches

1) The signs of the Vietnam SPS Authority is as follows: No.:.. ./SPS-BNNVN;

2) The sign of SPS Notification and Enquiry Points under ministries and branches is as follows: SPS followed by the sign of a ministry or branch (hyphenated (-) between SPS and the sign of the ministry or branch). Example: The sign of the SPS Notification and Enquiry Point of the Food Safety and Hygiene Department under the Ministry of Health is: No.: .../SPS-BYTVN; the SPS Notification and Enquiry Point of the Plant Protection Department is: No.: .. ./SPS-BVTV; or the SPS Notification and Enquiry Point of the Animal Health Department is: No.:.. ./SPS-TY.

3) In case a notification authority and an enquiry point are not attached to the same organization, the sign of the notification authority is SPS TB, followed by the sign of a ministry or branch, and the enquiry point is SPS HD, followed by the sign of a ministry or branch.

Chapter 3

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES IN MANAGING NOTIFICATIONS AND ENQUIRIES, AND RELATIONSHIPS BETWEEN THE VIETNAM SPS AUTHORITY AND SPS NOTIFICATION AND ENQUIRY POINTS UNDER MINISTRIES AND BRANCHES

Article 10. Responsibilities of the Ministry of Agriculture and Rural Development

The Ministry of Agriculture and Rural Development is a state agency which assists the Prime Minister in administering, and coordinating with ministries and branches in, activities related to the application of SPS measures, and has the following tasks:

1. To act as a major body in notification and enquiry in accordance with Article 7 and Appendix B to the SPS Agreement:

2. To promulgate, and urge and oversee the implementation of, documents providing professional guidelines on notification and enquiry between the Vietnam SPS Authority and SPS Notification and Enquiry Points under ministries and branches according to the WTOs SPS Agreement, relevant guidelines and recommendations.

Article 11. Relationships between agencies within the network

1. Regarding the external relation function

The Vietnam SPS Authority is a major body in performing the external relation function in notifying, and providing enquiries and answers about, Vietnams SPS measures according to the SPS Agreement; SPS Notification and Enquiry Points under ministries and branches shall send notifications and draft SPS measures to the Vietnam SPS Authority for forwarding to the WTO Secretariat.

2. Regarding the assurance of timeliness and accuracy of information

a/ SPS Notification and Enquiry Points under ministries and branches are answerable for the timeliness and accuracy in professional or specialized operations under their management in performing notification and enquiry tasks. If a professional or specialized matter involves many ministries, branches or localities, the ministry or branch in charge of that matter shall coordinate with other concerned ministries and branches in settling that matter based on mutual consent.

b/ If no mutual consent is reached in settling the mentioned professional matter, the ministry or branch in charge of that matter shall consult the SPS Inter-Ministerial Working Team and relevant functional agencies. Conclusions on the mentioned professional matter of the SPS Inter-Ministerial Working Team and full-time officials at technical assistance points serve as a basis for the Vietnam SPS Authority to provide answers to interested parties.

3. The Vietnam SPS Authority shall closely, coordinate with SPS Notification and Enquiry Points under ministries and branches in notifying, and providing enquiries and answers about, SPS measures with a view to fulfilling the notification and enquiry tasks in accordance with WTO regulations.

4. The Vietnam SPS Authority may request central agencies, localities, non-governmental organizations and other organizations involved in the implementation of the SPS Agreement in Vietnam to observe information transparency requirements and supply necessary information according to regulations.

Article 12. Operating conditions

Concerned ministries and branches, including the Ministry of Agriculture and Rural Development (the Animal Health Department, the Plant Protection Department, the National Fisheries Quality Assurance and Veterinary Directorate and the National Directorate of Aquatic Resources Exploitation and Protection), the Ministry of Health (the Food Safety and Hygiene Department), the Ministry of Science and Technology (the Directorate for Standards and Quality), and the Ministry of Industry and Trade (the Department for Multilateral Trade Policies), shall ensure necessary resources, personnel and material and technical foundations for the operation of SPS Notification and Enquiry Points under their management.

Funds for the operation of SPS Notification and Enquiry Points under ministries and branches shall be included in the annual central budget allocated to ministries and branches.

Article 13. Implementation provisions

1. The Vietnam SPS Authority and SPS Notification and Enquiry Points under ministries and branches shall implement this Regulation.

2. In the course of implementation of this Regulation, arising problems should be reported to the Ministry of Agriculture and Rural Development for timely study and appropriate amendment or supplementation.