Thông tư 23/2007/TT-BKHCN

CIRCULAR

GUIDING THE ELABORATION, APPRAISAL AND PROMULGATION OF TECHNICAL REGUILATIONS

Pursuant to the June 29, 2006 Law on Standards and technical Regulation;
Pursuant to the Government's Decree No. 54/2003/ND-CP of May 19,2003, defining the function, tasks, powers and organizational structure of the Ministry of Science and Technology and   Decree No. 2812004/ND-CP of January 16,2004 amending and supplementing a number of articles of Decree No. 54I2oo3/ND-CP;
Pursuant to the Government's Decree No. 127/2007/ND-CP of August 1, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations;
The Ministry of Science and Technology guides the elaboration, appraisal and promulgation of technical regulations as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular guides in detail the elaboration of planning and plans on, elaboration, appraisal, promulgation, review, amendment, supplementation, replacement, annulment, presentation and display, notification, dissemination, registration, publication and distribution of technical regulations.

 2. Subjects of application

This Circularr applies to ministries, ministerial ­level agencies, government-attached agencies, provincial/municipal People's Committees, organizations and individuals involved in the elaboration, appraisal and promulgation of technical regulations.

3. Interpretation of terms

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

3.1. Naational technical regulations means technical regulation promulgated by ministers or heads of ministerial level agencies for compulsory application nationwide to objects falling within the branches or domains under their management as assigned by the Government.

3.2. Local technical regulations means technical regulations promulgated by presidents of provincial/municipal People’s Committees for compulsory applocaton within the scope of local administration to peculiar products, goods, services or processes and specific environmental requirements of their localities.

II.  ELABORATION AND APPROVAL OF THE PLANNING ON ELABORATION OF NATIONAL TECHNICAL REGULATIONS

1. The elaboration and approval of the planning on elaboration of national technical regulations comply with the provisions of Article 29 of the Law on Standards and Technical Regulations.

2. Depending on the conditions and management requirements, ministries and ministerial-level agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and concerned agencies in, organizing the elaboration, approval, amendment and supplementation of the planning on elaboration of national technical regulations in the domains they are assigned to manage.

Government-attached agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, elaborating and proposing amendments or supplements to the planning on elaboration of national technical regulations in the domains they are assigned to manage and request the Ministry of Science and Technology to approve them.

3. Requirements for the planning on elaboration of national technical regulations

3.1. The planning must set forth overall objectives, implementation roadmap and measures and expected outcomes of each planning period and satisfy the state management requirements of ministries, ministerial­level agencies and government-attached agencies.

3.2. Contents of the planning must be systematic and synchronous for domains and objects which need to be governed by national technical regulations. Objects in each domain subject to national technical regulations must be arranged in a priority order for each planning period.

3.3. The principal contents of the planning are specified in Appendix 1 to this Circular (not printed herein).

III. ELABORATION AND APPROVAL OF FIVE-YEAR AND ANNUAL PLANS ON ELABORATION OF TECHNICAL REGULATIONS

1. The elaboration and approval of five-year and annual plans on elaboration of technical regulations comply with the provisions of Article 29 of the Law on Standards and Technical Regulations.

2. Ministries and ministerial-level agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and concerned agencies and organizations in, organizing the elaboration and approval of five-year and annual plans on elaboration of national technical regulations.

Government -attached agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology, concerned agencies and organizations in, organizing the elaboration of draft five-year and annual plans on elaboration of national technical regulations and propose them to the Ministry of Science and Technology for approval.  

Provincial/municipal People's Committees shall assume the prime responsibility for, and coordinate with concerned agencies and organizations in, elaborating and approving five-year and annual plans on elaboration of local technical regulations.

3. Requirements on plans on elaboration of technical regulations

3.1. Plans on elaboration of national technical regulations must:

-  Be in line with the approved planning on development of national technical regulations (if any);

- Satisfy the state management requirements and be in line with five-year and annual plans on socio­economic development and Vietnam's conditions for scientific and technological development.

3.2. Plans on elaboration of local technical regulations must:

- Satisfy the requirements of management of peculiar products, goods, services and processes and specific environmental requirements and conditions for scientific and technological development and management of localities.

4. Five-year plans on elaboration of technical regulations

4.1. The elaboration and approval of five-year plans on elaboration of national technical regulations by ministries and ministerial-level agencies are specified as follows:

4.1.1. Elaboration of draft five-year plans on elaboration of national technical regulations:

- In the second quarter of the year preceding the year of elaboration of five-year plans, ministries and ministerial-level agencies shall, based on state management requirements and the approved planning on elaboration of national technical regulations (if any), organize the elaboration of draft five year plans on elaboration of national technical regulations in domains they are assigned by the Goverment to manage, and their enclosed explanation.

Draft five-year plans on elaboration of national technical regulations and their explanations shall be made according to Sections 1 and 2, Apendix II to this Circular (not printed herein.  

- Ministries and ministerial-level agencies shall assume the prime responsibility for working· out and approving plans on sending draft five-year plans on elaboration of national technical regulations to concerned agencies, organizations and individuals for comments, and notifying the gathering of comments on their websites or official journals or publications. The period for gathering comments on draft plans is at least sixty days after draft plans are sent for comments.

- Ministries and ministerial-level agencies shall assume the prime responsibility for working out and approving plans on summing up and processing of comments for finalization of draft five- year plans on elaboration of national technical regulation.

4.1.2. Approval of five-year plans on elaboration of national technical regulations

Ministries and ministerial-level agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, organizing the approval of five-year plans on elaboration of national technical regulations, notifying these plans to concerned agencies and organizations and publicizing them on their websites or official journals or publications within thirty days after the plans are approved.

4.1.3. Revision and supplementation of five-year plans on elaboration of national technical regulations

- Five-year plans on elaboration of national technical regulations are revised and supplemented under decisions of ministers or heads of ministerial­level agencies at the request of concerned agencies, organizations and individuals.

- The revision and supplementation of five-year plans on elaboration of national technical regulations are made under the provisions of Clause 3, Article 29 of the Law on Standards and Technical Regulations.

4.2. the elaboration and approval of five-year plans on elaboration of  national technical regulations of government -attached agencies are specified as follows:

4.2.1. Government-attached agencies shall organize the elaboration of draft five-year plans on elaboration  of national technical regulations under the provisons of Item 4.1.1, Point 4.1, Clause 4 of this Section.

4.2.2. Approval of five-year plans on elaboration of national technical regulations

- The ministry of Science and Technology shall organize the examination and approval of five-year plans on asboration of national technical regulations at the request of government-attached agencies, notify these plant to concerned agencies and organizations and publicizing them on the websites or official journal of the Ministry of Science and Technology and those government-attached agencies within thirty days after the plans are approved.

4.2.3. Adjustment or supplementation of five-year plans on elaboration of national technical regulations

- Five-year plans on elaboration of national technical regulations are adjusted or supplemented under decisions of the Minister of Science and Technology when so requested in writing by concerned agencies, organizations and individuals after reaching agreement with plan-proposing government -attached agencies.

- The adjustment or supplementation of five-year plans on elaboration of national technical regulations shall comply with the provisions of Clause 3, Article 29 of the Law on Standards and Technical Regulations.

4.3. The elaboration and approval of five-year plans on elaboration of local technical regulations are specified as follows:

4.3.1. Depending on conditions and management requirements, provincial-municipal People's Committees shall organize the elaboration and approval of five-year plans on elaboration of local technical regulations applicable to peculiar products, goods, services and processes and specific environmental requirements of their respective localities.

Five-year plans on elaboration of local technical regulations and their enclosed explanations shall be made under the provisions of Sections 1 and 2, Appendix V to this Circular (not printed herein.

4.3.2. The elaboration and adjustment or supplementation of five-year plans on elaboration of local technical regulations shall be carried out through specific activities defined in Items 4.1.1 and 4.1.3, Point 4.1, Clause 4 of this Section.

Presidents of provincial/municipal People's Committees shall approve five-year plans on elaboration of local technical regulations after reaching agreement with relevant line management ministries or ministerial-level agencies and government -attached agencies.

Approved five-year plans must be notified to concerned agencies and organizations and publicized on the websites (if any) or official journals and publications of provincial/municipal People's Committees or Science and Technology Services within thirty days after these plans are approved.

5. Annual plans on elaboration of national technical regulations

An annual plan on elaboration of national technical regulations includes names of national technical regulations that need to be elaborated and are arranged according to specialized branches and domains subject to technical regulations; types of technical regulations; names of organizations that have elaborated draft plans; implementation duration; estimated funds and funding sources; tentative plans on dissemination and guidance on the application of technical regulations.

The elaboration, approval, implementation, adjustment and supplementation of annual plans on elaboration of national technical regulations are carned out as follows:

5.1. Drafting of annual plans on elaboration of national technical regulations:

- In the second quarter of a year, based on the needs for elaboration, amendment, supplementation or replacement of national technical regulations, concerned agencies, organizations and individuals shall send written proposals on plans on elaboration of national technical regulations for the following year, enclosed with projects on elaboration of national technical regulations, to ministries, ministerial-level agencies and government-attached agencies for examination and summing up.

A proposal on an annual plan on elaboration of national technical regulations must include contents specified in Section 3 of Appendix II to this Circular (not printed herein).

An annual plan on elaboration of national technical regulations consists of a plan on elaboration of new technical regulations and a plan on review, amendment and supplementation of national technical regulations.

Projects on elaboration of national technical regulations are formulated. according to the form specified in Appendix III to this Circular (not printed herein).

- Based on the planning on development of national technical regulations (if any), approved five­year plans on elaboration of national technical regulations and state management requirements of domains subject to technical regulations they are assigned by the Government to manage, ministries, ministerial-level agencies and government-attached agencies shall organize the summing up and arrangement in a priority order of proposed plans on elaboration, amendment, supplementation and replacement of national technical regulations.

- Ministries, ministerial-level agencies and government-attached agencies shall organize the examination of projects on elaboration of national technical regulations with the participation of representatives of concerned agencies and organizations and elaboration of draft plans on elaboration of national technical regulation for the subsiquent year.

A draft annual plan on elaboration of national technical regulations has the contents specified in Section 3 of Appendix II to this Circular (not printed herein.

5.2. Gathering of comments and finalization of draft annual plans on elaboration of national technical regulations:

- Ministries, ministerial-level agencies and government-attached agencies assuming the prime responsibility for elaborating and approving draft annual plans shall send these plans to concerned agencies, organizations and individuals for comments and at the same time announce the gathering of comments on their websites or officia jourrnals or publications. The period for gathering comments is at least thirty days after draft plans are sent for comments .

- Ministries, ministerial-level agencies and government -attached agencies shall organize the summing up and processing of received comments for finalization of draft annual plans orte")aboration of national technical regulations.

5.3. Approval of annual plans on elaboration of national technical regulations:

The examination and approval of annual plans on elaboration of national technical regulations are carried out in the third quarter of the year preceding the plan year within the framework of examination and approval of scientific and technological plans under the Ministry of Science and Technology's general guidance on annual scientific and technological plans.

5.3.1. Approval of annual plans on elaboration of national technical regulations of ministries and ministerial-level agencies

Ministries and ministerial-level agencies assuming the prime responsibility for elaborating and approving annual plans on elaboration of national technical regulations shall organize the examination and approval thereof; notify them to concerned agencies and organizations, the National Notification Authority and Enquiry Point for standardization, metrology and quality control (below referred to as Vietnam's TBT Authority); and publish them in their official journals or publications or websites within thirty days after these plan are approved.

5.3.2. Approval of annual plans on elaboration of nation.al technical regulations of government-attached agencies

The Ministry of Science and Technology shall organize the examination and approval of annual plans on elaboration of national technical regulations at the request of elaborating government -attached agenciest; notify them to concerned agencies and organizations and Vietnam's TBT Authority; and publish them in the websites and official journals of the Ministry of Science and Technology and government-attached agencies assuming the prime responsilij!tty for plan elaboration within thirty days after the plans are approved.

5.4. Implementation of annual plans on elaboration of national technical regulations:

Ministries, ministerial-level agencies and governntet-attached agencies shall organize the implementation of approved plans; report to the Ministry of Science and Technology (the Directorate for Standards and Quality), on a biannual basis or upon request, on implementation results of plans on elaboration of national technical regulations for the latter to sum up and report to the Government.

5.5. Adjustment and supplementation of annual plans on elaboration of national technical regulations:

- Annual plans on elaboration of national technical regulations may be adjusted or supplemented when concerned agencies, organizations and individuals so request in writing. Adjustments or supplements to a plan may cover: implementation schedule, objects and contents of national technical regulations, funding, technical regulations to be added to or excluded from the plan.

- Requests for adjustment or supplementation of annual plans on elaboration of national technical regulations must be made before October 1 every year. The order and procedures for adjustment or supplementation of annual plans on elaboration of national technical regulations comply with the provisions of Points 5.2 and 5.3, Clause 5 of this Section.

When prompted by urgent requirements of state management, the adjustment or supplementation of annual plans may be made under decisions of the ministers or heads of ministerial-level agencies assuming the prime responsibility for elaborating and approving plans.

6. Annual plans on elaboration of local technical regulations

The elaboration, approval, implementation, adjustment and supplementation of annual plans on elaboration of local technical regulations are carried out as follows:

6.1. Elaboration of annual plans on elaboration of local technical regulations:

- In the second quarter of a year, based on needs for elaboration, amendment, supplementation or replacement of local technical regulations, concerned agencies, organizations and individuals shall send their written proposals on plans on elaboration oflocal technical regulations for the following year, enclosed with projects on elaboration of local technical regulations, to provincial/municipal People's Committees for examination and summing up.

A proposal on an annual plan on elaboration of local technical regulations must include contents specified in Section 3 of Appendix V to this Circular (not printed herein).

Projects on elaboration of local technical regulations are formulated according to the form in Appendix IV to this Circular (not printed herein).  

- Provincial/municipal People's Committees shall organize the examination of projects on local technical regulations with the participation of representatives of ministries, branches and concerned local services and departments. D~pending on contents, complexity and scale of impact of objects governed by local technical regulations, provincial/municipal People's Committees shall decide to invite representatives of concerned ministries, ministerial-level agencies and govemment­attached agencies to personally take part in the project examination or gather their written opinions.   

- Provincial/municipal People's Committees shall organize the elaboration of draft plans on elaboration of local technical regulations for the following year.

A draft annual plan on elaboration of local technical regulations has the contents specified in Section 3 of Appendix V to this Circular (not printed herein).

6.2. Gathering of comments and finalization of draft annual plans on elaboration of local technical regulations:

- Provincial/municipal People's Committees shall send draft plans to concerned agencies, organizations and individuals for comments and announce the gathering of comments on the websites or official journals or publications of provincial/municipal People's Committees or Science and Technology Services. The time limit for gathering comments is at least thirty days after draft plans are sent for comments.

- Provincial/municipal Science and Technology Services shall organize the summing up and processing of received comments for finalization of draft annual plans on elaboration of local technical regulations.

6.3. Approval of annual plans on elaboration of local technical regulations:

- The examination and approval of annual plans on elaboration of local technical regulations are carried out in the third quarter of the year preceding the plan year within the framework of examination and approval of scientific and technological plans of provincial/municipal People's Committees and under the Ministry of Science and Technology's general guidance on annual scientific and technological plans.

- Provincial/municipal People's Committees shall organize the examination and approval of annual plans on elaboration of local technical regulations; notify them to concerned ministries, branches, agencies and organizations, the local notification authorities and enquiry points on technical barriers to trade; and publish them in the websitesif any) or official journals or publications of provincial/ municipal People's Committees or Sance and Technology Services within thirty days after these plans are approved.

6.4. . Implementation of annual plans on elaboration of local technical regulations:

Provincial/municipal People's Cormmitees shall organize the implementation of approved plans; report to the Ministry of Science and Technology (the Directorate for Standards and Quality), on a biannual basis or upon request, on implementation results of plans on elaboration oflocal technical regulatopm for the latter to sum up and report to the Goverment.

6.5. Adjustment and supplementation of  annual plans on elaboration of local technical regulations:

- Annual plans on elaboration of local technical

regulations may be adjusted or supplemented when concerned agencies, organizations and individual so request in writing. Adjustrnents or supplements to a plan may cover: ImplementatIon schedule, objects and contents of national technical regulation, funding, technical regulations to be added to or put out of the plan.

- Requests for adjustment or supplementation of annual plans on elaboration of local technical regulations must be made at least six months before the completion of tasks of proposed plans. The procedures for adjustment or supplementation of annual plans on elaboration of local technical regulations comply with the provisions of Points 6.2 and 6.3, Clause 5 of this Section.

When prompted by urgent requirements of state management in localities, the procedures for adjustment or supplementation of annual plans shall be shortened in order to promptly satisfy state management requirements under decisions of presidents of the provincial/municipal People's Committees responsible for elaborating and approving plans.

IV.  ELABORATION, EXAMINATION AND PROMULGATION OF TECHNICAL REGULATIONS

1. The order and procedures for elaboration, approval and promulgation of national technical regulations  (including also national technical regulation for inter-branch application and national technical regulations elaborated by government­ – attached agencies) are specified as follows:

1.1. Step1: Setting up a drafting committee

Depending on specific conditions, a ministry, ministerial-level agency or government-attached agency shall set up a national technical regulation drafting committee or designate an attached scientific and technological agency or organization to elaborate draft national technical regulatios (below referred to as the drafting committee).

1.2. Step 2: Elaborating draft national technical regulations

The drafting committee shall perform the following tasks:

1.2.1. Preparing for the elaboration of draft regulations:

- Gathering and synthesizing data on and assessing the implementation of current legal documents related to the project on elaboration of national technical regulations; 

- Surveying and appraising the current state management of targeted management objects and principal contents of the project on elaboration of national technical regulations;

- Organizing the study of information and documents related to the project on elaboration of national technical regulations;

- Preparing and adopting a detailed scheme on implementation of the project on elaboration of national technical regulations, accompanied with framework contents of draft national technical regulations;

- Other related activities.

1.2.2. Organization of elaboration of draft national technical regulations:

- Elaborating draft regulations based on their framework contents already adopted by the drafting committee and writing explanations for draft regulations. 

- Organizing conferences and seminars to gather comments of concerned experts on draft national technical regulations.

- Studying and assimilating comments, revising draft regulations and submitting them to the ministry, ministerial-level agency or government-attached agency in charge of elaboration of national technical regulations for examination.

1.3. Step 3: Gathering comments and finalizing draft national technical regulations

1.3.1. The ministry, ministerial-level agency or government-attached agency shall organize the examination of draft regulations and perform the following tasks:

- Sending draft national technical regulations enclosed with explanations to concerned agencies, organizations and individuals for comments and the concerned ministerial-level notification office and enquiry point for determination of the necessity to notify them to the WID under the Minister of Science and Technology's Decision No. 09/2006/QD­BKHCN of May 4, 2006, on procedures for notification and enquiry handling by Vietnam's Network of Notification Authorities and Enquiry Points on Technical Barriers to Trade.

- Announcing the gathering of comments on draft regulations on the website or official journal or publication of the ministry, ministerial-level agency or government-attached agency that elaborates national technical regulations.

The period for giving comments on draft regulations is at least sixty days after draft regulations are sent for comments. When necessary, this period may be shorter under a decision of the minister or the head of the ministerial-level agency or government­attached agency that elaborates national technical regulati ons.

1.3.2. The drafting committee shall process and assimilate received comments and finalize draft national technical regulations and compile a dossier of draft national technical regulations according to Clause I,Artic1e 10 of the Government's Decree No. 12712007/ND-CP of August 1, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations (below referred to as Decree No. 127/2007 /ND-CP for short).

1.3.3. The ministry, ministerial-level agency or government -attached agency that elaborates national technical regulations shall address the dossier of draft national technical regulations to the Ministry of Science and Technology for appraisal.

1.4. Step 4: Appraising draft national technical regulations

The Directorate for Standards and Quality shall perform the following tasks:

1.4.1. Examining the validity of the dossier of draft national technical regulations according to Clause 1, Article 10 of Decree No. 12712007/ND-CP

If the dossier is improper, the Directorate for Standards and Quality shall return the dossier to the ministry, ministerial-level agency or government­attached agency that elaborates national technical regulations for completion.

1.4.2. Organizing the appraisal of draft national technical regulations according to the contents specified in Article 33 of the Law on Standards and Technical Regulations.

1.4.3. Based on appraisal results, compiling and submitting a dossier of appraisal of draft national technical regulations to the Ministry of Science and Technology for consideration and decision on written notification of appraisal results to the ministry or ministerial-level agency that promulgates national technical regulations and the government-attached agency that elaborates national technical regulations.

1.5. Step 5: Promulgating national technical regulations

1.5.1 For draft national technical regulations (including also those of inter-branch nature) elaborated by ministries and ministerial-level agencies, the promulgation of nationation technical regulations is carried out as follows:

- If agreeing with appraisal opinions of the Ministry of Science and Technology, the ministry or ministerial-level agency shall finalize the draft regulations and decide on promulgation of  national technical regulations within thirty days  after appraisal opinions are made;

- If disagreeing with appraisal opinions of the Ministry of Science and Technology, the ministry or ministerial-level agency that elaborat national technical regulations shall report such to the Prime Minister for consideration and decision.

1.5.2. For draft national technical regulation elaborated by government -attached agencies, the promulgation of national technical regulatiions is carried out as follows :

- If there is no appraisal opinion opposing draft regulations, the Ministry of Science and technology shall decide on promulgation of national technical regulations within thirty days after appraisal opinions are made;

- If disagreeing with appraisal opinions, the government -attached agency that elaborates draft national technical regulations shall send its written official opinions to the Ministry of Science and Technology and report them to the Prime Minister for consideration and decision.

2. The order and procedures for elaboration, appraisal and promulgation of local technical regulations are specified as follows:

2.1. Step 1: Setting up a drafting committee

Depending on specific conditions, a provincial/ municipal People's Committee shall set up a local technical regulation drafting committee or designate an agency to assume the prime responsibility for, and coordinate with concerned local services, departments and branches in, elaborating draft local technical regulations (below collectively referred to as the drafting committee).

2.2. Step 2: Elaborating draft local technical regulations

The drafting committee shall elaborate draft local technical regulations in the order specified at Point 1.2, Clause 1 of this Section.

2.3. Sep 3: Gathering comments and finalizing draft local technical regulations

2.3.1. the provincial/municipal People's Committee shall  organize the examination of the dossier, and send fraft local technical regulations to concerned agencies, organizations and individuals for comments and the concerned local notification authority and enquiry point for determination of the necessity to notify them to the WTO under the Minister of Science and Technology’s Decision No. 09/2006/QD-BKHCN of May 4, 2006, on procedures for notification and enquiry handling by Vietnam’s Network of Notification Authorities and Enquiry Points on Technical Barriers to Trade..

At the same time, it shall announce the gathering of coments on draft local technical regulations on its website (if any) or its official journal or publication and those of the concerned provincial/municipal specialized services. 

The period for gathering comments on draft regulations is at least sixty days after draft regulations are sent for comments. When necessary, this period may be shorter under a decision of the president of the provincial/municipal People's Committee that promulgates local technical regulations.

2.3.2. Based on received comments, the drafting committee shall finalize draft local technical regulations and compile a dossier of draft local technical regulations according to Clause 2, Article 10 of the Government's Decree No. 127/2007/ND-CP  then submit it the provincial/municipal People's Committee for consideration and decision.

2.3.3. The provincial/municipal People's Committee shall address the dossier of draft local technical regulations to ministries and ministerial­level agencies promulgating relevant national technical regulations defined in Article 23 of the Government's Decree No. 12712007/ND-CP for examination and comments.

If objects governed by local technical regulations fall under the management of a government -attached agency, the dossier of draft local technical regulations must be addressed to that government-attached agency for examination and comments. 

2.4. Step 4: Examining and giving comments on promulgation of draft local technical regulations

The concerned ministry, ministerial-level agency or government -attached agency shall organize the performance of the following tasks:

2.4.1. Examining the validity of the dossier of draft local technical regulations according to Clause 2, Article 10 of Decree No. 12712007/ND-CP.

If the dossier is improper, the concerned ministry, ministerial-level agency or government-attached agency shall return the dossier to the provincial/ municipal People's Committee for completion.

2.4.2. Examining draft local technical regulations to assure that:

- They are compliant with relevant provisions of law and international commitments;

- They do not violate the provisions of current relevant national technical regulations;

- They satisfy professional requirements and the prescribed order and procedures for elaboration of local technical regulations.

2.4.3. Notifying in writing opinions on promulgation of local technical regulations.

The government-attached agency's opinions on promulgation of local technical regulations must be agreed to by the Ministry of Science and Technology before being sent to the provincial/municipal People's Committee that elaborates those local technical regulations.

2.5. Step 5: Promulgating local technical regulations

2.5.1. If the ministry, ministerial-level agency or government-attached agency agrees with the promulgation of local technical regulations, the provincial/municipal People's Committee shall decide on promulgation of local technical regulations.

2.5.2. If the ministry, ministerial-level agency or government-attached agency disagrees with the promulgation of local technical regulations, the drafting committee shall organize the study and consideration of divergent opinions in order to revise and finalize the draft regulations, recompile the dossier of draft local technical regulations and send it to the ministry, ministerial-level agency or government-attached agency defined in Item 2.3.3, Point 2.3, Clause 2 of this Section to gather its comments again.

The provincial/municipal People's Committee may decide on promulgation of local technical regulations only after obtaining the agreement of the ministry, ministerial-level agency or govemment­attached agency assigned to manage the relevant domain of technical regulations.

V. REVIEW, AMENDMENT, SUPPLEMENTATION, REPLACEMENT AND ANNULMENT OF TECHMCAL REGULATIONS

1. Periodical review of national technical regulations

1.1. Ministries, ministerial-level agencies, government -attached agencies shall organize the periodical review of national technical regulations in domains they are assigned to manage as defined in Article 23 of Decree No. 127/2007/ND-CP.

Ministries, ministerial-level agencies and government-attached agencies shall designate a focal agency to carry out the periodical review of current national technical regulations.

1.2. The order and procedures for periodical review of national technical regulations are specified as follows:

- The focal agency shall draw up a list of national technical regulations which must be periodically reviewed under Clause 1, Article 35 of the Law on Standards and Technical Regulations;

- The focal agency shall review national technical regulations according to the criteria specified in Clauses 1 and 2, Article 33 of the Law on standards and Technical Regulations and other relevant criteria;

- Review results shall be presented in lists enclosed with written explanations, including: list of national technical regulations which remain effective; list of national technical regulations which must be amended, supplemented or replaced; and list of national technical regulations which must be annulled. In each list, reviewed technical regulations are arranged in the priority order;

- The focal agency shall compile dossiers of review of national technical regulations, prepare reports on review results and propose the inclusion of certain national technical regulations in plans on amendment, supplementation, replacement or annu1ment of national technical regulations before these plans are submitted to the ministries or ministerial-level agencies that have approved plans on elabpration of national technical regulations for consideration..

1.3. When prompted by urgent requirements of state management, ministers, heads of ministerial­level agencies or heads of government-attached agencies shall decide to review national technical regulations extraordinarily or ahead of the expiration of the five-year period.

2. Amendment, supplementation or replacement of technical regulations

2.1. The amendment, supplementation or replacement of technical regulations must be stated in annual plans on elaboration of technical regulations.

2.2. Ministries, ministerial-level agencies government-attached agencies and provincial/municipal People's Committees shall organize the examination, amendment, supplementation or replacement of technical regulations according to the order and procedures specified in Article 32 of the Law on Standards and Technical Regulations and the provisions of Section IV of this Circular.

3. Annulment of national technical regulations

Annulment of national technical regulations. The annulment of national technical regulations shall comply with the provisions of Point a, Clause 3, Article 35 of the Law on Standards and Technical Regulation. The focal agency defined in Clause 2, Article 21 of Decree No. 12712007/ND-CP shall compile dossiers of annulment of national technical regulations A dossier of annulment of a national technical regulation comprises:

3.1. The national technical regulation requested to be annulled;

3.2. A written explanation (reason(s), legal and scientific grounds);

3.3. Opinions of concerned agencies,  individuals organizations als (if any);

3.4. Results of periodical review and proposals;;

3.5. The written request for annulment of national technical regulations;

3.6. Appraisal opinions of the Ministry of Science and Technology;

3.7. Other relevant documents (if any).

4. Annulment of local technical regulations

The annulment of local technical regulations shall comply with Point b, Clause 3, Article 35 of the Law on Standards and Technical Regulations. Agencies designated by provincial/municipal People's Committees to assume the prime responsibility for elaborating local technical regulations shall compile dossiers of annulment of local technical regulations. A dossier of annulment of a local technical regulation cornpnses:

4.1. The local technical regulation requested to be annulled;

4.2. A written explanation (reason(s), legal and scientific grounds);

4.3. Opinions of concerned agencies, organizations and individuals (if any);

4.4. Results of periodical review and proposals;

4.5. The written request for annulment of national technical regulations;

4.6. Opinions of the ministry, ministerial-level agency or government -attached agency that manages the domain subject to the local technical regulation;

4.7. Other relevant documents (if any).

5. When prompted by urgent requirements of state management, ministers, heads of ministerial-level agencies, heads of government-attached agencies or presidents of provincial/municipal People's Committees that promulgate technical regulations may decide on the amendment, supplementation, replacement or annulment of technical regulations according to the fast-track procedures and order, ensuring the enforceability, scientific grounds and funding necessary for implementation of those technical regulations.

VI. PRESENTATION AND DISPLAY OF CONTENTSOFTECHNICAL REGULATIONS

1. Composition of technical regulations

A technical regulation is composed of the following principal parts:

1.1. Part of general provisions:

- Governing scope;

- Objects of application;

- Interpretation of terms (if any).

1.2. Part of technical provisions:

This part adduces specific technical standards or specifications on limits of technical characteristics which objects governed by the technical regulation must conform to in order to assure human safety, hygiene and health; protect animals, plants and the environment; protect national interests and security, consumer interests, and satisfy other essential requirements.

Specified technical specifications must be measurable by methods and devices available at home or abroad.

1.3. Part of provisions on management:

This part specifically expresses management methods appropriate to objects governed by the technical regulation as follows:

- Provisions on certification of standard conformity (clearly stating the selected method of conformity assessment according to the Ministry of Science and Technology's regulations and other relevant regulations);

- Provisions on announcement of standard conformity (clearly stating that the ground for announcement of standard conformity is results of assessment by designated or accredited certifying organizations or laboratories or results of self­assessment by the announcing organization);

- Methods of inspection;

- Provisions on other methods of management (provisions on labeling, market inspection, etc,...);

- Testing and sampling methods;

- Other appropriate contents.

1.4. Other relevant provisions on management (special conditions for use or operation of objects governed by the technical regulation and other requirements)

1.5. Part of provisions on supervision and handling according to current provisions of law

1.6. Part of responsibilities of organizations and individuals

1.7. Part of provisions on organization of implementation            

1.8. Appendices (if any).

Depending on objects governed by technical regulations and management requirements, a technical regulation may include all or some of the above parts or add new parts as appropriate.

2. Presentation of technical regulations

The presentation of technical regulations must ensure the systematism and legal validity of these regulations and must not be contrary to-relevant legal documents. Language used in technical regulations must be consistent, accurate and universal; methods of expression must be simple and comprehensible. Technical terms which are required to be explicit must be clearly defined.

2.1. Cover pages of a technical regulation

-  A technical regulation document must have front and back cover pages.

- The format of technical regulation cover pages is specified in Appendix VI to this Circular (not printed herein), with the following element:

+ The national emblem of the Sociallist Republic of Vietnam, which is displayed according to the provisions of law on the national emblem;

+ The phrase "the Socialist Republic of Vietnam”;

+ The full symbol of the technical regulation according to the provisions of Article 8 of  Decree No. 127/2007/ND-CP;

+ The phrase "national technical regulation" or "local technical regulation";

+ The title of the technical regulation;

+ The full title of the technical regulation in English;

+ The place and year of promulgation of the technical regulation. 

- The abbreviated name of the ministry, ministerial-level agency or provincial/municipal people’s Committee that promulgates the technical regulation as specified in Appendix VI to this Circular (not printed herein)..

- Page No.2 of the technical regulation is for the foreword, clearly stating the organization that has elaborated the draft technical regulation, the agency that has submitted the technical regulation for approval and the agency that promulgates the technical regulation, the serial number of the promulgation decision, the date of promulgation of the technical regulation and other contents related to the elaboration and promulgation of the technical regulation (for example, the way of expressing the foreword as specified in Appendix vn to this Circular, not printed herein).

2.2. On the headers of content pages of the technical regulation document (except for page No. 3) are printed the full symbol of the technical regulation on the right comer, for odd number pages, or the left comer, for even number pages. Upper-case and bold-type characters must be of font Arial, font size 12 ofthe Vietnamese-language font type system (Unicode).

2.3. The principle for numbering the content sections of the technical regulation document  complies with the relevant provisions of Joint Circular No. 55/2005/TTLT-BNV- VPCP of May 6, 2005, of the Ministy of Home Affairs and the Government Office, guiding document presentation formats and techniques. 

3. Technical regulation presentation format:

- The size of paper pages used for printing technical regulation is A4 (210 mm x 297 mm), with an allowable page size error of ± 0.5 mm.

- The content (text) of a technical regulation is presented in normal print characters, font Arial, font size of bitween 12 and 14 of the Vietnamese- language font type system (Unicode); the first line of a paragraph is  set by a default tab of between 1 cm and 1.27 cm the minimum paragraph spacing is set at 6 pt; the mimimum line spacing is set between the single line spacing and an exactly line spacing of 15 pt or more.

- A &nical regulation document is paginated from the front cover to the last page. The page numbers are printed on every page of the technical regulation document in the middle of the page footer, except for cover pages.

- The symbol and code of a technical regulation are printed on every page of the technical regulation document on the open upper comer of pages.

4. When presenting the contents of technical regulations, the guidance provided for in the national standard TCVN 1-2 should be referred to.

VII. NOTIFICATION, DISSEMINATION, REGISTRATION, PUBLICATION AND DISTRIBUTION OF TECHNICAL REGULATIONS

1. The notification, dissemination, registration, publication and distribution of technical regulations comply with the provisions of Article 36 of the Law on Standards and Technical Regulations.

2. Ministries, ministerial-level agencies and provincial/municipal People's Committees that promulgate technical regulations, government­attached agencies that assume the prime responsibility for elaborating national technical regulations shall publish the promulgation, amendment, supplementation, replacement or annulment of technical regulations in "Cong Bao" (Official Gazette), their websites or official journals or publications within thirty days after technical regulations are promulgated, amended, supplemented, replaced or annulled.

3. Ministries, ministerial-level agencies, and provincial/municipal People's Committees that promulgate technical regulations, government­attached agencies that assume the prime responsibility for elaborating national technical regulations shall work out plans on dissemination and guidance on the application of technical regulations.

The dissemination and provision of guidance on the application of technical regulations to concerned agencies, organizations and individuals must be carried out through training courses, conferences, seminars, workshops and in other appropriate forms immediately after these technical regulations are promulgated.

4. The registration of promulgated technical regulations complies with the provisions of Article 13 of Decree No. 127/2007/ND-CP.

Written registrations of technical regulations are made according to a set form in Appendix VIII to this Circular (not printed herein) .

The Directorate for Standards and Quality shall organize the elaboration and annually print and distribute lists of technical regulations based on written registrations of technical regulations of ministries, ministerial-level agencies and provincial! municipal People's Committees that promulgate technical regulations.

5. Ministries, ministerial-level agencies and provincial/municipal People's Committees that promulgate technical regulations shall organize the publication and distribution of technical regulations within thirty days after these technical regulations are promulgated.

VIII. ORGANIZATION OF IMPLEMENTATION

1. Ministries, ministerial-level agencies, government-attached agencies and provincial/ municipal People's Committees shall, within the domains subject to technical regulations assigned to them and based on the guidance in this Circular, organize the elaboration, appraisal and promulgation of technical regulations for application by subjects they are assigned to manage. When necessary, they may specify or add specific provisions on the elaboration and application of technical regulations suitable to particular characteristics of their ministries, branches and localities.

2. The application of technical regulations is organized as follows:

2.1. The Directorate for Standards and Quality under the Ministry of Science and Technology shall assist the Minister of Science and Technology in coordinating with concerned ministries, branches and localities in disseminating and guiding the application of national and local technical regulations, periodically printing and distributing lists of national technical regulations and local technical regulations based on official notifications of ministries, branches and localities.

2.2. Ministries and ministerial-level shall perform the following tasks:

- Synthesizing and notifying lists of national technical regulations they promulgate to the Ministry of Science and Technology;

- Actively carrying out activities of information, propaganda, training and dissemination and guidance on the application of national technical regulations and other related activities in order to ensure the implementation of these regulations.

2.3. Government-attached agencies shall coordinate with the Ministry of Science and Technology in carrying out activities of information, propaganda, trammg and dlssemmatlon and guidance on the application of national technical regulations and other related activities in order to ensure the implementation of these regulations.

2.4. Provincial/municipal People's Committees shall perform the following tasks:

- Synthesizing and notifying lists of  local technical regulations they promulgate to the Ministry of Science and Technology;

- Actively carrying out activities of information, propaganda, training and dissemination and guidance on the application of local technical regulations and other related activities in order to ensure the implementation of these regulations in their respective localities.

2.5. Concerned organizations and individuals  shall:

- Study and firmly grasp contents and requirements of promulgated technical regulations so as to organize the proper implementation of these technical regulations;

- Promptly report contents of technical regulations they find out to be inappropriate in the course of application of these technical regulations to promulgating agencies for study, amendment or supplementation. 

3. This Circular takes effect 15 days after its publication in "CONG BAO”.

4. Problems arising in the course of implementation of this Circular should be promptly reported by ministries, ministerial-level agencies, government-attached agencies, provinciaVmunicipal People's Committees and concerned agencies, organizations and individuals to the Ministry of Science and Technology for study, amendment and supplementation. /.