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THE
MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
05/2007/QD-BKHCN
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Hanoi,
March 30, 2007
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DECISION
PROMULGATING THE PROGRAM FOR REALIZATION OF THE SCHEME ON
IMPLEMENTATION OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE IN THE 2006-2010
PERIOD
THE MINISTER OF SCIENCE AND TECHNOLOGY
Pursuant to the Government’s Decree No.
54/2003/ND-CP dated May 19, 2003, defining the functions, tasks, powers and
organizational structure of the Ministry of Science and Technology, and Decree
No. 28/2004/ND-CP dated January 16, 2004, amending and supplementing a number
of Articles of Decree No. 54/2003/ND-CP; Pursuant to the Prime Minister’s
Decision No.444/QD-TTg dated May 26, 2005, approving the Scheme on
implementation of the Agreement on Technical Barriers to Trade;
After reaching agreement with ministries, branches and localities;
At the proposal of the general director of the General Department of
Standardization, Metrology and Quality Control,
DECIDES:
Article 1.
To promulgate together
with this Decision the Program for realization of the Scheme on implementation
of the agreement on Technical Barriers to Trade in the 2006-2010 period.
Article 2.
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Article 3.
The director of the
Office, the director of the Organization and Personnel Department, the general
director of the General Department of Standardization, Metrology and Quality
Control, members of the Inter-sectoral Committee for Technical Barriers to
Trade, and other concerned organizations and individuals shall implement this
Decision.
FOR THE
MINISTER OF SCIENCE AND TECHNOLOGY
VICE MINISTER
Tran Quoc Thang
PROGRAM
FOR REALIZATION OF THE SCHEME ON IMPLEMENTATION OF THE
AGREEMENT ON TECHNICAL BARRIERS TO TRADE IN THE 2006-2010 PERIOD
(Promulgated together with Decision No. 05/2007/QD-BKHCN dated March 30,
2007, of the Minister of Science and Technology)
In order to fulfill the obligations defined in
the Agreement on Technical Barriers to Trade (The TBT Agreement) of the World
Trade Organization (WTO) after Vietnam enters into this organization, the Prime
Minister, in Decision No.444/QD-TTg dated May 26, 2005, approved the Scheme on
implementation of the TBT Agreement (below referred to as the TBT Scheme for
short).
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I. CONTENTS OF THE PROGRAM
1. Perfection of technical regulations
a) Ministries, branches and localities shall
review and modify the promulgated Vietnam standards, branch standards and
technical regulations, processes and documents which are subject to compulsory
application in service of state management in order to convert them into
technical regulations in accordance with Vietnamese law and the TBT agreement’s
principles.
b) To perfect legal provisions on the
elaboration, promulgation and application of technical regulations.
c) Ministries, branches and localities shall pay
attention to transparency in the elaboration and promulgation of technical
regulations. Specifically:
- To publish all draft technical regulations in
supplements to and on the website of' CONG BAO or in the register of technical
regulations;
- To receive and process comments of all parties
that are interested in the above drafts; the duration for giving comments is at
least 60 days before the promulgation of technical regulations.
- To observe WTO regulations and the Law on
Standards and Technical Regulations regarding the effective time of technical
regulations.
2. Perfection of Vietnam standards
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b) By 2010, to raise the rate of harmonization
of national standards (Vietnam standards) with international standards to
35-40%, especially in such priority domains as food quality, safety and hygiene
administration, environmental protection; improvement of the quality of key and
potential exports; and e-commerce.
c) To make preparations to ensure that from
2010, Vietnam standards will be reviewed at least every 5 years so as to meet
the requirements of state management, production and business, and to suit the
scientific and technological development levels of Vietnam and the world.
d) To step up socialization of standardization
activities and encourage all organizations and individuals to participate in
elaborating and applying standards.
e) To improve professionalism and computerize
activities of technical boards for national standards with a view to step by
step raising the quality and speed up the elaboration of national standards.
3. Planning and perfection of material and
technical foundations for conformity assessment activities
a) The Ministry of Science and Technology shall
assume the prime responsibility for, and coordinate with concerned agencies in,
formulating and submitting to the Prime Minister for approval a scheme on
enhancing conformity assessment activities. Once the Scheme approved by the
Prime Minister, ministries, branches and localities should concentrate on
performing the following tasks:
- To elaborate and implement plannings on the
development of conformity assessment organizations (test, standardization,
evaluation, inspection, certification, appraisal, recognition) to meet the
requirements of state management and production and business activities, paying
special attention to key economic regions;
- To enhance technical capacity and provide
training for improving the quality of human resources to meet the requirements
of conformity assessment activities.
b) The Ministry of Science and Technology shall
assume the prime responsibility for, and coordinate with concerned agencies in,
drawing up a plan to control and prevent the import of inferior-quality goods
into Vietnam and submitting it to the Prime Minister for approval.
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4. Intensification of international cooperation
on TBT-related matters
a) The Ministry of Science and Technology shall
assume the prime responsibility for, and coordinate with concerned ministries
and branches in, studying TBT's negative impacts on Vietnam's import and export
activities, and propose remedies to those impacts.
b) Ministries, branches and localities shall
continue seeking technical assistance from WTO member states and international
organizations so as to fulfill the obligations defined in the TBT Agreement;
study and exchange experience with WTO member states on the implementation of
the TBT Agreement, especially experience related to transparency and the
settlement of TBT-related trade disputes between member states; and propose
appropriate solutions to fulfilling the obligations of Vietnam as a WTO member.
5. Activities of the TBT Inter-Sectoral
Committee and the TBT network
a) Activities of the TBT Inter-Sectoral
Committee
- To study WTO regulations and guidance on TBT
and propose programs and plans for their implementation in Vietnam.
- To study and propose measures to ensure
compatibility of Vietnam's standards, technical regulations and conformity assessment
processes with WTO regulations and guidance on TBT.
- To study processes and procedures for the
settlement of TBT-related trade disputes and take the initiative in proposing
measures to settle those disputes.
- To study, propose and apply measures to
enhance coordination among ministries and branches in the implementation of
TBT-related programs and plans; to support relevant local agencies and
organizations in the performance of TBT-related tasks.
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b) Activities of the TBT network
- To complete the establishment of
ministerial-level and local TBT Notification Authorities and Enquiry Points
(referred to as TBT Points for short) and put them to operation.
- On the basis of state budget allocations and
foreign technical assistance, to ensure personnel and working conditions for
the operation of ministerial- level and local TBT Points so as to meet the
requirements specified in the Prime Minister's Decision No. 114/2005/QD-TTg
dated May 26, 2005, establishing, and promulgating the organization and
operation regulation of Vietnam’s Network of TBT Notification Authorities and
Enquiry Points, Priority shall be given to the following:
+ Within the scope of ministries’, branches' and
localities' management, to establish databases on technical regulations of
Vietnam and WTO member states, with priority given to potential export markets;
+ To furnish office equipment and information
technology equipment and ensure personnel, material and technical foundations
and funds for the performance of the assigned tasks;
+ To administer databases and take the
initiative in supplying information to agencies or enterprises at their
request;
+ To provide professional knowledge about
notification and enquiry to meet WTO regulations.
6. Communication and dissemination
a) Ministries, branches and localities shall,
according to their competence, direct concerned units and organizations to
perform the following tasks:
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- To disseminate and propagate about the TBT
Agreement and relevant matters in the mass media and in other media to all
entitles of the economy.
b) The TBT Network's agencies and organizations
should take the initiative and coordinate with one another in building and
properly exploiting the TBT-related information infrastructure in service of
the Network’s activities as well as agencies' and enterprises' needs for
TBT-related information. To provide information on the names, addresses and
tasks of the TBT Network's agencies and organizations to interested agencies,
organizations and individuals for contact when necessary.
7. Evaluation of the results of implementation
of the Scheme and adoption of further measures
a) To organize reviews of three years' and five
years' implementation of the TBT Scheme and the Program of action in
implementation of the Scheme of the Prime Minister.
b) To evaluation the results of implementation
of the TBT Scheme and this Program and propose further measures.
II. ORGANIZATION OF
IMPLEMENTATION OF THE PROGRAM
1. Responsibilities of agencies and
organizations for implementation of the Program
Specific tasks, expected outcomes, progress, and
agencies and organizations involved in implementation of the Program for
realization of the TBT Scheme in the 2006-2010 period are specified in the
Appendix to this Document.
2. Planning and funding the implementation of
the Program
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2010 period.
3. Amendment and supplementation of the Program
After consulting concerned ministries, branches
and localities, the Inter-Sectoral Committee shall propose amendments or
supplements to the Program to the General Department of Standardization,
Metrology and Quality Control for submission to the Ministry of Science and
Technology for consideration and decision.
FOR THE
MINISTER OF SCIENCE AND TECHNOLOGY
VICE MINISTER
Tran Quoc Thang
APPENDIX
PROGRAM FOR REALIZATION OF THE TBT SCHEME IN THE
2006-2010 PERIOD
(Enclosed with Decision No. 05/2007/QD-BKHCN dated March 30, 2007 of the
Minister of Science and Technology)
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Tasks
Expected
outcomes
Progress
Responsible
agencies
1. Perfection of technical regulations
1.1
To review and amend the promulgated Vietnam
standards, branch standards and technical regulations, processes and documents
which are subject to compulsory application in service of state management in
order to convert them into technical regulations
Promulgation of amended or supplemented
documents
Annually
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1.2
To perfect legal provisions on elaboration,
promulgation and application of technical regulations
Promulgation of guiding documents of the
Government, the Prime Minister or ministries
2007-2010
Government, Prime Minister and concerned
ministries
1.3
To make transparent the process of elaborating
and promulgating technical regulations
- Implementation of the regulations on
publicity and transparency of draft technical regulations in accordance with
the Law on Standards and Technical Regulations.
- Processing comments of relevant parties
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Regularly
Ministries, branches and localities
2. Perfection of national standards (Vietnam
standards)
2.1
To convert branch standards
Conversion into technical regulations and
Vietnam standards
Annually from 2007 to 2009
Ministry of Science and Technology and line
ministries
2.2
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300-400 Vietnam standards are harmonized in a
year
Annually from 2007 to 2010
Ministry of Science and Technology and line
ministries
2.3
To guide the establishment and operation of
specialized standard-establishing organizations
Guiding documents
Annually from 2007 to 2010
Ministry of Science and Technology and
specialized managing ministries
2.4
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Projects
Annually from 2007 to 2010
Ministry of Science and Technology, line
ministries and Technical Boards for Elaboration of Vietnam Standards
3. Implementation of the Prime
Minister-approved schemes and plans on conformity assessment activities
3.1
To formulate programs and plans on
implementation of the Prime Minister-approved Scheme on intensifying
conformity assessment activities
Implementation of set programs and plans
Annually from 2007 to 2010
Ministry of Science and Technology, line
ministries and localities
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To formulate programs and plans on implementation
of the Prime Minister-approved Plan on control and prevention of the import
of inferior-quality goods into the Vietnamese market.
Implementation of formulated programs and
plans
Annually from 2007 to 2010
Ministry of Science and Technology, line
ministries and localities
3.3
To implement the signed (bilateral and
multilateral) mutual recognition agreements on standardization, metrology and
quality control, and to study the signing of new agreements with WTO member
states
Relevant documents, plans, and implementation
results
Annually from 2007 to 2010
Ministry of Science and Technology and line
ministries
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4.1
To join activities of the WTO/TBT Committee
and other relevant forums
Conferences and workshops
2007-2010
Relevant agencies and TBT Inter-Sectoral
Committee
4.2
To study TBT impacts on production, business,
import and export activities, and propose measures to limit adverse impacts
on those activities
Study reports and proposed measures
2007-2008
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4.3
To study experience of WTO member states on implementation
of the TBT Agreement, especially with regard to transparency and settlement
of TBT-related disputes
Study reports
2007-2009
Relevant agencies, TBT Inter-Sectoral
Committee and TBT Network
4.4
To propose necessary technical assistance for
proper performance of the TBT Scheme’s tasks
Proposals and recommendations
2007-2010
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5. Activities of the TBT Inter-Sectoral
Committee and the TBT Network
5.1. The TBT Inter-Sectoral Committee
5.1.1
To study WTO regulations and guidance on TBT
and propose programs and plans for their implementation in Vietnam
Regulations and guidance
Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination
with relevant agencies and organizations and TBT Network
5.1.2
To study and propose measures to ensure
capability of Vietnam’s technical regulations, standards and conformity
assessment processes with WTO regulations and guidance on TBT
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Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination
with relevant agencies and organizations
5.1.3
To study processes and procedures for settlement
of TBT-related trade disputes, and take the initiative in proposing measures
to settle those disputes
Taking the initiative in advising on the
settlement of TBT-related trade disputes
Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination
with relevant agencies and organizations and TBT Network
5.1.4
To study, propose and apply measures to
enhance coordination among ministries and branches in the implementation of TBT-related
programs and plans; and to support relevant local agencies and organizations
in the performance of TBT-related tasks
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Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination
with relevant agencies and organizations and TBT Network
5.1.5
To perform other tasks defined in the
Regulation on organization and operation of the TBT Inter-Sectoral Committee,
promulgated together with the Science and Technology Minister’s Decision No.
07/2006/QD-TTg dated March 20, 2006
Propagation and dissemination for raising
awareness about TBT
Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination
with relevant agencies and organizations and TBT Network
5.2. The TBT Network
5.2.1
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Databases
Annually from 2007 to 2010
TBT Points in the TBT Network
5.2.2
To consolidate material and technical
foundations of the TBT Network
Office equipment and information technology
equipment
Annually from 2007 to 2010
TBT Points in the TBT Network
5.2.3
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Improvement of foreign language and computer
skills and knowledge about TBT
Annually from 2007 to 2010
TBT Points in the TBT Network
6. Propagation and dissemination about TBT
6.1
To elaborate and disseminate documents on TBT
Documents
2007-2010
Relevant agencies, TBT Inter-Sectoral
Committee and TBT Network
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To provide training on TBT
Training for agencies and enterprises of
ministries and localities
2007-2010
Relevant agencies, TBT Inter-Sectoral Committee
and TBT Network
6.3
To compile teaching documents and provide
intensive training on TBT and relevant matters
Training for the TBT Inter-Sectoral Committee,
the TBT Network and other concerned personnel
2007-2010
General Department of Standardization,
Metrology, TBT Inter-Sectoral Committee and TBT Network
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7.1
To biannually report on implementation of the
TBT Scheme to the Prime Minister
Reports to the Prime Minister
2007-2010
Ministry of Science and Technology in
coordination with ministries, branches and localities
7.2.
To review 3 years’ implementation of the
Scheme
Conference and reports
2008
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7.3
To review 5 years’ implementation of the
Scheme
Conference and reports
2010
Ministry of Science and Technology in
coordination with ministries, branches and localities