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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
68/2006/QH11
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Hanoi,
June 29, 2006
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LAW
ON STANDARDS AND TECHNICAL REGULATIONS
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, which was amended and supplemented under
December 25, 2001 Resolution No. 51/2001/QH10 of the Xth National Assembly, the
10th session;
This Law provides for standards and technical regulations.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
This Law provides for the formulation,
announcement and application of standards; the formulation, promulgation and
application of technical regulations; and the assessment of conformity with
standards and technical regulations.
Article 2.- Subjects of
application
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Article 3.-
Interpretation of terms
In this Law, the terms below are construed as
follows:
1. Standard means regulation on technical
characteristics and management requirements used as standard for classifying
and appraising products, goods, services, processes, the environment and other
objects in socio-economic activities with a view to improving the quality and
effectiveness of these objects.
A standard shall be published in a written form
by an organization for voluntary application.
2. Technical regulation means regulation on the
limits of technical characteristics and management requirements which products,
goods, services, processes, the environment and other objects in socio-economic
activities must comply with in order to ensure safety, hygiene and human
health; to protect animals, plants and the environment; to safeguard national
interests and security, consumer interests and other essential requirements.
A technical regulation shall be promulgated in a
written form by a competent state agency for mandatory application.
3. Activities in the domain of standard means
formulation, announcement and application of standards and assessment of
conformity with standards.
4. Activities in the domain of technical
regulation means formulation, promulgation and application of technical
regulations and assessment of conformity with technical regulations.
5. Conformity assessment means determination as
to whether objects of activities in the domain of standard or objects of
activities in the domain of technical regulation are conformable with technical
characteristics and management requirements in relevant standards or technical
regulations.
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6. Certification of standard conformity means
certification that objects of activities in the domain of standard conform with
relevant standards.
7. Certification of technical regulation
conformity means certification that objects of activities in the domain of
technical regulation conform with relevant technical regulations.
8. Announcement of standard conformity means
announcement by an organization or individual of the conformity of objects of
activities in the domain of standard with relevant standards.
9. Announcement of technical regulation
conformity means announcement by an organization or individual of the
conformity of objects of activities in the domain of technical regulation with
relevant technical regulations.
10. Accreditation means certification that a
testing laboratory, calibration laboratory, conformity certification
organization or inspection organization has the capacity conformable with
relevant standards.
Article 4.- Application
of laws
1. In case of disparity between the provisions
of this Law and those of other laws concerning standards and technical
regulations, the provisions of this Law shall prevail.
2. When a treaty to which the Socialist Republic
of Vietnam is a contracting party contains provisions different from those of
this Law, the provisions of that treaty shall prevail.
Article 5.- Objects of
activities in the domain of standard and objects of activities in domain of
technical regulation
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a/ Products, goods;
b/ Services;
c/ Processes;
d/ Environment;
e/ Other objects in socio-economic activities.
2. The Government shall stipulate in detail
objects of activities in the domain of standard and objects of activities in
the domain of technical regulation.
Article 6.- Fundamental
principles for activities in the domain of standard and the domain of technical
regulation
1. Standards and technical regulations must
ensure improvement of the quality and efficiency of socio-economic activities
and raising of the competitiveness of products, goods and services on domestic
and international markets.
2. Standards and technical regulations must meet
requirements on safety, national security, hygiene, human health, legitimate
rights and interests of related parties, protection of animals, plants and the
environment, and rational use of natural resources.
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4. The formulation of standards and technical
regulations must:
a/ Be based on scientific and technological
advances, practical experience, present-day needs and socio-economic
development trends.
b/ Use international standards, regional
standards and foreign standards as the basis, except for those not suitable to
Vietnam's geographical, climatic, technical and technological characteristics
or those affecting national interests;
c/ Prioritize requirements on the utility of
products and goods while restricting requirements on descriptive
characteristics or detailed design;
d/ Ensure uniformity of Vietnam's
standard system and technical regulation system.
Article 7.-
State policies on
development of activities in the domain of standard and the domain of technical
regulation
1. To attach importance to investment in
building material-technical foundations and training human resources for the
state management of activities in the domain of standard and the domain of
technical regulation.
2. To support and promote scientific research
and application and technological development in service of activities in the
domain of standard and the domain of technical regulation.
3. To encourage domestic and foreign
organizations and individuals as well as overseas Vietnamese to participate in
formulating and applying standards and technical regulations, invest in
developing activities in the domain of standard and the domain of technical
regulation in Vietnam,
and training in standard and technical regulation knowledge for econo-technical
branches.
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1. The State shall encourage expansion of
cooperation with other countries, territories, international organizations,
regional organizations, foreign organizations and individuals on standards and
technical regulations and making use of their assistance on the principle of
respect for the principles of independence, sovereignty, territorial integrity,
equality and mutual benefit.
2. The State shall facilitate and adopt measures
to promote the signing of bilateral and multilateral agreements on mutual
recognition of conformity assessment results in order to facilitate the
development of trade between Vietnam
and other countries and territories.
Article 9.- Prohibited
acts
1. Taking advantage of activities in the domain
of standard and the domain of technical regulation to impede, trouble and hassle
production, business and commercial activities of organizations and
individuals.
2. Disseminating false information and
advertisements and committing other deceitful acts in activities in the domain
of standard and the domain of technical regulation.
3. Abusing activities in the domain of standard
and the domain of technical regulation to infringe upon national interests,
defense, security, social order and safety.
Chapter II
FORMULATION,
ANNOUNCEMENT AND APPLICATION OF STANDARDS
Article 10.- System of
standards and standard symbols
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1. National standards, symbolized by TCVN;
2. Manufacturer standards, symbolized by TCCS.
Article 11.-
Responsibility for formulating, evaluating and announcing standards
1. Ministers, heads of ministerial-level
agencies and heads of government-attached agencies shall organize the drafting
of national standards and request the evaluation and announcement of national
standards.
2. The Minister of Science and Technology shall
organize the evaluation of draft national standards and announce national
standards.
3. Organizations formulating and announcing
manufacturer standards include:
a/ Economic organizations;
b/ State agencies;
c/ Non-business organizations;
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Article 12.- Types of
standards
1. Fundamental standards stipulate
characteristics and requirements of general application on a large scale or
contain general requirements for a particular domain.
2. Terminology standards stipulate names and
definitions for objects of activities in the domain of standard.
3. Technical requirement standards stipulate
levels, criteria and requirements for objects of activities in the domain of
standard.
4. Testing method standards stipulate methods of
sampling, methods of measurement, methods of identification, methods of
analysis, methods of checking, methods of assay and methods of inspection of
levels, criteria and requirements for objects of activities in the domain of
standard.
5. Labeling, packing, transportation and
preservation standards stipulate requirements on labeling, packing,
transportation and preservation of products and goods.
Article 13.- Grounds
for standard formulation
Standards shall be formulated on one or more of
the following grounds:
1. International, regional and foreign
standards;
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3. Practical experience;
4. Results of evaluation, assay, testing,
checking and inspection.
Article 14.- Plannings
and plans on formulation of national standards
1. Plannings and plans on formulation of
national standards include five-year plannings and plans and annual plans which
are elaborated on the following grounds:
a/ Socio-economic development requirements;
b/ Requests of organizations and individuals.
2. The Ministry of Science and Technology shall
assume the prime responsibility for, and coordinate with other concerned
ministries, ministerial-level agencies and government-attached agencies in,
elaborating plannings and plans on formulation of national standards and
publish them for public comment before approving them.
The Ministry of Science and Technology shall
approve plannings and plans on formulation of national standards and publish
them within thirty days after the date of approval thereof.
3. In case of necessity, plannings and plans on
formulation of national standards may be revised under decisions of the
Minister of Science and Technology. The revision of plannings and plans on
formulation of national standards shall comply with the provisions of Clause 2
of this Article.
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1. To propose and give comments on plannings and
plans on formulation of national standards.
2. To assume the prime responsibility for, or
participate in, compiling draft national standards for the Ministry of Science
and Technology to evaluate and announce.
3. To give comments on draft national standards.
Article 16.- Technical
boards for national standard
1. A technical board for national standard is a
technical advisory body set up by the Ministry of Science and Technology for
each domain of standard.
2. Members of a technical board for national
standard include representatives of state agencies, scientific and
technological organizations, associations, unions, enterprises and other
concerned organizations, consumers and specialists.
3. A technical board for national standard has
the following tasks:
a/ To propose plannings, plans, options and
measures to formulate national standards;
b/ To compile draft national standards based on
the drafts proposed by organizations or individuals; to directly prepare draft
national standards; to participate in compiling and commenting on draft
international standards, draft regional standards; to participate in evaluating
draft national standards formulated by ministries, ministerial-level agencies
or government-attached agencies;
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d/ To participate in formulating draft technical
regulations upon request.
Article 17.- Order and
procedures for formulating, evaluating and announcing national standards
1. The order and procedures for formulating,
evaluating and announcing national standards with respect to draft national
standards formulated by ministries, ministerial-level agencies or
government-attached agencies are as follows:
a/ Ministries, ministerial-level agencies or
government-attached agencies draft national standards on the basis of the
approved plans on formulation of national standards;
b/ Ministries, ministerial-level agencies or
government-attached agencies organize public gathering of opinions of concerned
organizations and individuals on draft national standards; hold symposiums for
related parties to give comments on the drafts. The duration for submission of
opinions on a draft shall be at least sixty days; in urgent circumstances
related to health, safety or environment, this duration may be shorter;
c/ Ministries, ministerial-level agencies or
government-attached agencies study and take opinions of organizations and
individuals into account for finalizing draft national standards, make dossiers
of draft national standards and send them to the Ministry of Science and
Technology for evaluation;
d/ The Ministry of Science and Technology
organizes the evaluation of draft national standards in accordance with the
provisions of Article 18 of this Law. The evaluation duration must not exceed
sixty days from the date of receipt of valid dossiers;
e/ The Minister of Science and Technology
announces national standards within thirty days after obtaining evaluation
opinions agreeing with draft national standards;
f/ When there are evaluation opinions
disagreeing with the draft national standard, the Ministry of Science and
Technology shall forward such evaluation opinions to the national
standard-drafting ministry, ministerial-level agency or government-attached
agency for finalization of the draft national standard. After receiving the
finalized draft, the Ministry of Science and Technology shall announce the
national standard in accordance with the provisions of Point e of this Clause.
If no agreement can be reached between two parties, the Ministry of Science and
Technology shall report the case to the Prime Minister for consideration and
decision.
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a/ The organization or individual compiles a
draft standard or proposes an existing standard to the Ministry of Science and
Technology for consideration;
b/ The Ministry of Science and Technology
assigns the technical board for national standard to compile a draft national
standard on the basis of the draft proposed by the organization or individual;
organizes public gathering of opinions of concerned organizations and
individuals on the draft; holds symposiums for related parties to give comments
on the draft. The duration for submission of opinions on a draft shall be at
least sixty days; in urgent circumstances related to health, safety or environment,
this duration may be shorter;
c/ The technical board for national standard
studies and takes opinions of organizations and individuals into account for
finalizing the draft national standard, makes a dossier of the draft and
submits it to the Ministry of Science and Technology for consideration;
d/ The Ministry of Science and Technology
organizes the evaluation of the draft national standard under the provisions of
Article 18 of this Law. The time limit for evaluation and announcement of
national standards shall comply with the provisions of Point d and e, Clause 1
of this Article.
3. The order and procedures for formulation,
evaluation and announcement of national standards with respect to draft
national standards formulated by the Ministry of Science and Technology are as
follows:
a/ On the basis of the approved plan on
formulation of national standards, the Ministry of Science and Technology
assigns a relevant technical board for national standard to formulate the draft
national standard under the provisions of Points b and c, Clause 2 of this
Article;
b/ The Ministry of Science and Technology
organizes the evaluation of the draft national standard under the provisions of
Article 18 of this Law. The time limit for evaluation and announcement of
national standards shall comply with the provisions of Point d and e, Clause 1
of this Article.
4. The Government shall issue specific
regulations on dossiers of draft national standards.
Article 18.- Contents
of evaluation of draft national standards
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2. Conformity of standards with relevant
technical regulations, legal provisions and international commitments and the
requirement on harmonization with international standards.
3. Uniformity and consistency within the
national standard system, adherence to the principles of consensus and
harmonization of interests of related parties.
4. Observance of technical requirements, the
order and procedures for formulation of national standards.
Article 19.- Review,
amendment, supplementation, replacement and cancellation of national standards
1. The Ministry of Science and Technology shall
assume the prime responsibility for, and coordinate with other ministries,
ministerial-level agencies and government-attached agencies in, reviewing
national standards once every three years or at an earlier time when necessary,
counting from the date of announcement of such standards.
2. Amendment, supplementation and replacement of
national standards shall be effected in the order and according to the
procedures specified in Article 17 of this Law on the basis of national
standard review results or at the proposal of organizations or individuals.
3. Cancellation of national standards shall be
effected on the basis of national standard review results or at the proposal of
ministries, ministerial-level agencies, government-attached agencies,
organizations or individuals.
The Ministry of Science and Technology shall
evaluate dossiers of cancellation of national standards and announce the
cancellation of national standards after obtaining written agreement of other
ministries, ministerial-level agencies or government-attached agencies which
have drafted such national standards.
Article 20.-
Formulation and announcement of manufacturer standards
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2. Manufacturer standards shall be formulated on
the basis of scientific and technological achievements, demands and practical
capabilities of manufacturers. The use of national standards, international
standards, regional standards and foreign standards as manufacturer standards
shall be encouraged.
3. Manufacturer standards must not contravene
relevant technical regulations and provisions of law.
4. The order and procedures for formulation and
announcement of manufacturer standards shall comply with the guidance of the
Ministry of Science and Technology.
Article 21.- Publishing
and distribution of standards
1. The Ministry of Science and Technology shall
hold the right to publish and distribute national standards.
2. Vietnamese representative agencies
participating in international or regional standardizing organizations shall
publish and distribute international standards or regional standards according
to regulations of such organizations.
The publishing and distribution of standards of
international or regional organizations of which Vietnam
is not a member and foreign standards shall be as agreed with organizations
promulgating those standards.
3. Organizations announcing manufacturer
standards shall hold the right to publish and distribute those manufacturer
standards.
Article 22.-
Notification and dissemination of national standards
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1. To make public the announcement of national
standards, the amendment, supplementation, replacement or cancellation of
national standards within thirty days after the date of issuance of relevant
decisions;
2. To assume the prime responsibility for, and
coordinate with other ministries, ministerial-level agencies and
government-attached agencies in, disseminating and guiding the application of
national standards;
3. Annually, to distribute the list of national
standards.
Article 23.- Principles
for application of standards
1. Standards shall be applied on the principle
of voluntariness.
The application of part or the whole of a
specific standard shall become mandatory when it is invoked in a legal document
or technical regulation.
2. Manufacturer standards shall be applied
within the scope of management of organizations that announce them.
Article 24.- Modes of
application of standards
1. Standards shall be directly applied or
invoked in another document.
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Article 25.- Funding
sources for formulation of standards
1. Funding sources for formulation of national
standards include:
a/ State budget allocated according to approved
annual budget estimates;
b/ Voluntary supports of organizations and
individuals at home and abroad;
c/ Other lawful sources of revenues.
2. Manufacturer standards shall be formulated
with organizations' or individuals' own funds, which shall be accounted as
reasonable expenses.
3. The Government shall stipulate the management
and use of funds for formulation of national standards.
Chapter III
FORMULATION,
PROMULGATION AND APPLICATION OF TECHNICAL REGULATIONS
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The system of technical regulations and symbols
of technical regulations of Vietnam
consists of:
1. National technical regulations, symbolized by
QCVN;
2. Local technical regulations, symbolized by
QCDP.
Article 27.-
Responsibilities for formulating, evaluating and promulgating technical
regulations
1. Responsibilities for formulating, evaluating
and promulgating national technical regulations are as follows:
a/ Ministers and heads of ministerial-level
agencies shall formulate and promulgate national technical regulations within
the scope of branches or domains under their assigned management;
b/ The Minister of Science and Technology shall
organize evaluation of draft national technical regulations;
c/ The Government shall stipulate the
formulation, evaluation and promulgation of national technical regulations of
inter-branch nature and national technical regulations for objects of
activities in the domain of technical regulation falling under the management
of government-attached agencies.
2. Responsibilities for formulating, evaluating
and promulgating local technical regulations are as follows:
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b/ Local technical regulations shall be
promulgated after they are approved by competent state agencies defined at
Point a, Clause 1 of this Article.
Article 28.- Types of
technical regulations
1. General technical regulations include
technical and managerial regulations applicable to a management domain or a group
of products, goods, services or processes.
2. Safe technical regulations include:
a/ Regulations on levels, norms and requirements
related to bio-safety, fire and explosion safety, mechanical safety, industrial
safety, construction safety, thermal safety, chemical safety, electricity
safety, medical equipment safety, electro-magnetic compatibility, radiation and
nuclear safety;
b/ Regulations on levels, norms and requirements
related to food safety and hygiene, pharmaceutical and cosmetic safety for
human health;
c/ Regulations on levels, norms and requirements
related to hygiene and safety of animal feeds, fertilizers, plant protection
drugs, veterinary drugs, bio-products and chemicals used for animals and plants.
3. Environmental technical regulations provide
for levels, norms and requirements on environmental quality and waste.
4. Technical regulations of processes provide
for requirements on hygiene and safety in the processes of production,
exploitation, processing, preservation, operation, transportation, use and
maintenance of products and goods.
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Article 29.- Plannings
and plans on formulation of technical regulations
1. Plannings and plans on formulation of
technical regulations include five-year plannings and plans and annual plans
elaborated on the following grounds:
a/ Socio-economic development requirements;
b/ State management requirements;
c/ Proposals of organizations and individuals.
2. Plannings and plans on formulation of
technical regulations shall be elaborated by technical regulation-promulgating
agencies in coordination with the Ministry of Science and Technology and
concerned agencies and put up for public comment before they are approved.
Technical regulation-promulgating agencies shall
approve plannings and plans on formulation of technical regulations and make
them public within thirty days after approval.
3. In case of necessity, plannings and plans on
formulation of technical regulations may be amended and supplemented under
decisions of the heads of technical regulation-promulgating agencies and in
accordance with Clause 2 of this Article.
Article 30.- Grounds
for formulation of technical regulations
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1. National standards;
2. International standards, regional standards
and foreign standards;
3. Scientific and technological research
results, technical advances;
4. Results of evaluation, assay, test,
supervision and inspection.
Article 31.- Rights of
organizations and individuals to participate in formulating technical
regulations
1. To propose and give comments on plannings and
plans on formulation of technical regulations.
2. To compile draft technical regulations and
propose them to technical regulations-promulgating agencies for consideration
and promulgation.
3. To participate in compiling draft technical
regulations at the request of technical regulations-formulating agencies.
4. To give comments on draft technical
regulations.
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1. The order and procedures for formulation,
evaluation and promulgation of national technical regulations are as follows:
a/ On the basis of the approved plan on
formulation of technical regulations, the national technical
regulation-promulgating agency defined in Article 27 of this Law organizes the
formulation of the national technical regulation with the participation of
representatives of state agencies, scientific and technological institutions,
enterprises, other related organizations, consumers and specialists;
b/ The national technical
regulation-promulgating agency organizes public gathering of opinions of concerned
organizations and individuals on the draft national technical regulation; holds
symposiums for related parties to give comments on the draft. The duration for
submission of opinions on the draft shall be at least sixty days; in urgent
circumstances related to health, safety or environment, this duration may be
shorter as decided by the national technical regulations-promulgating agency;
c/ The national technical
regulation-promulgating agency studies and takes opinions of organizations and individuals
into account for finalizing the draft national technical regulation, makes a
dossier of the draft national technical regulation after consulting concerned
ministries and branches on the contents of the draft and transfers the draft to
the Ministry of Science and Technology for evaluation;
d/ The Ministry of Science and Technology
organizes the evaluation of the draft national technical regulation in
accordance with the provisions of Article 33 of this Law. The time limit for
evaluation shall not exceed sixty days from the date of receipt of the valid
dossier;
e/ The national technical
regulation-promulgating agency finalizes the draft and promulgates the national
technical regulation within thirty days after the date of obtaining the
agreement of the evaluating agency. In case of disagreeing with the evaluation
opinions, the national technical regulation-promulgating agency shall report
the case to the Prime Minister for consideration and decision.
2. The order and procedures for formulating, evaluating
and promulgating local technical regulations are as follows:
a/ On the basis of the approved plan on
formulation of technical regulations, the provincial/municipal People's
Committee organizes the formulation of local technical regulation;
b/ The provincial/municipal People's Committee
organizes public gathering of opinions of concerned organizations and
individuals on the draft local technical regulation; holds symposiums for
related parties to give comments on the draft. The duration for submission of
opinions on the draft shall be at least sixty days; in urgent circumstances
related to health, safety or environment, this duration may be shorter as
decided by the provincial/municipal People's Committee;
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d/ The provincial/municipal People's Committee
promulgates the local technical regulation within thirty days after the date of
obtaining the agreement of the competent state agency defined at Point a,
Clause 1, Article 27 of this Law.
3. The Government shall issue specific
regulations on dossiers of draft technical regulations.
Article 33.- Contents
of evaluation of draft national technical regulations
1. Conformity of technical regulations with
relevant legal provisions and international commitments;
2. Uniformity and consistency within the system
of national technical regulations;
3. Observance of professional requirements, the
order and procedures for formulation of technical regulations.
Article 34.-
Implementation effect of technical regulations
1. Technical regulations take effect at least
six months after the date of promulgation, except for the case defined in
Clause 2 of this Article.
2. In emergency circumstances related to health,
safety or environment, a technical regulation may take effect earlier as
decided by the technical regulation-promulgating agency.
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Article 35.- Review,
amendment, supplementation, replacement and cancellation of technical
regulations
1. Technical regulation-promulgating agencies
shall organize reviews of technical regulations once every five years or at an
earlier time when necessary, counting from the date of promulgation of such
technical regulations.
2. Amendment, supplementation and replacement of
technical regulations shall be effected in the order and according to the
procedures specified in Article 32 of this Law on the basis of review results
or at the request of organizations or individuals.
3. Technical regulation-promulgating agencies
may cancel technical regulations in the following order:
a/ On the basis of review results or at the
request of organizations or individuals, the national technical
regulation-promulgating agency organizes the compilation of a dossier of
cancellation of the national technical regulation in question; examines the
dossier and makes a decision to cancel the national technical regulation after
obtaining the evaluation opinion of the Ministry of Science and Technology;
b/ On the basis of review results or at the
request of organizations or individuals, the provincial/municipal People's
Committee organizes the compilation of a dossier of cancellation of the local
technical regulation in question; examines the dossier and makes a decision to
cancel the local technical regulation after obtaining the evaluation opinion of
the competent state agency defined at Point a, Clause 1, Article 27 of this
Law.
Article 36.-
Notification, dissemination, registration, publishing and distribution of
technical regulations
1. Technical regulation-promulgating agencies
have the following responsibilities:
a/ To make public the promulgation, amendment,
supplementation, replacement or cancellation of technical regulations within
thirty days after the date of issuance of relevant decisions;
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c/ To send technical regulation documents to the
Ministry of Science and Technology for registration;
d/ To publish and distribute technical
regulations.
2. Annually, the Ministry of Science and
Technology shall distribute a list of technical regulations.
Article 37.- Responsibility
for applying technical regulations
1. Organizations and individuals shall apply
relevant technical regulations.
2. In the course of application of technical
regulations, organizations and individuals shall promptly report problems or
point out inappropriate contents to the technical regulation-promulgating
agencies for consideration and settlement.
Technical regulation-promulgating agencies shall
respond in writing within thirty days after receiving reports or
recommendations of organizations and individuals.
Article 38.- Principles
for and methods of application of technical regulations
1. The application of technical regulations to
production, business and other socio-economic activities is mandatory.
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Article 39.- Funding
sources for formulation of technical regulations
1. Funding sources for formulation of technical
regulations include:
a/ State budget allocated according to approved
annual budget estimates;
b/ Voluntary supports of organizations and
individuals at home and abroad.
2. The Government shall detail the management
and use of funds for formulation of technical regulations.
Chapter IV
ASSESSMENT OF CONFORMITY
WITH STANDARDS AND TECHNICAL REGULATIONS
Section 1. GENERAL PROVISIONS
ON CONFORMITY ASSESSMENT
Article 40.-
Fundamental requirements on conformity assessment
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2. Keeping confidential information and data of
organizations for which conformity assessment is conducted.
3. Ensuring non-discrimination against
production and business organizations and individuals or the origin of
products, goods, services or processes.
4. The conformity assessment order and
procedures shall comply with regulations promulgated by related international
organizations.
Article 41.- Forms of
conformity assessment
1. Assessment of conformity with standards or
technical regulations shall be conducted by conformity assessment organizations
or conformity announcement organizations or individuals themselves.
2. Assessment of conformity with standards shall
be conducted on a voluntary basis at the request of organizations or
individuals in the form of testing, inspection, standard conformity
certification or standard conformity announcement.
3. Assessment of conformity with technical
regulations shall be conducted on a mandatory basis according to state
management requirements in the form of testing, inspection,
technical-regulation conformity certification or technical-regulation
conformity announcement.
Article 42.-
Requirements for standards and technical regulations used for conformity
assessment
Standards and technical regulations used for conformity
assessment must be those that stipulate specific technical characteristics and
managerial requirements that can be assessed with methods and means available
at home or abroad.
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1. Standard conformity marks and
technical-regulation conformity marks are proof of conformity of products or
goods with relevant standards or technical regulations.
2. Standard conformity marks shall be granted to
products or goods after their standard conformity is certified.
3. Technical-regulation conformity marks shall
be granted to products or goods after their technical-regulation conformity is
certified and announced.
Section 2. ASSESSMENT OF
CONFORMITY WITH STANDARDS
Article 44.-
Certification of standard conformity
1. Certification of standard conformity shall be
effected under the agreement between organizations or individuals requesting
certification and conformity certification organizations defined in Article 50
of this Law.
2. Standards used for certification of standard
conformity must be national standards, international standards, regional
standards or foreign standards satisfying requirements specified in Article 42
of this Law.
Article 45.- Announcement
of standard conformity
1. Organizations and individuals shall announce
the conformity of products, goods, services, processes or environment with
relevant standards on the basis of the results of certification of standard
conformity conducted by conformity certification organizations or the results
of their self-assessment of conformity.
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Article 46.- Rights and
obligations of organizations and individuals requesting certification of
standard conformity
1. Organizations and individuals requesting
certification of standard conformity have the following rights:
a/ To select standard conformity certification
organizations;
b/ To be granted standard conformity
certificates for their products, goods, services, processes and environment
already certified to be standard-conformable;
c/ To use standard conformity marks for products
and goods already certified to be standard-conformable, packings thereof, and
in documents on such products and goods;
d/ To lodge complaints about results of standard
conformity certification conducted or breaches committed by conformity
certification organizations in relation to standard conformity certification
contracts.
2. Organizations and individuals requesting
certification of standard conformity have the following obligations:
a/ To ensure conformity of products, goods,
services, processes and environment with standards used for standard conformity
certification;
b/ To display accurately information written in
standard conformity certificates on products and goods and packings thereof and
in documents on objects already certified to be standard-conformable;
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d/ To pay expenses for standard conformity
certification.
Section 3. ASSESSMENT OF
CONFORMITY WITH TECHNICAL REGULATIONS
Article 47.-
Certification of technical-regulation conformity
1. Certification of technical-regulation
conformity is mandatory for products, goods, services, processes and
environment which are objects defined in relevant technical regulations.
2. Technical regulations used for certification
of technical-regulation conformity are national or local technical regulations
meeting the requirements specified in Article 42 of this Law.
3. Ministries, ministerial-level agencies and
provincial/municipal People's Committees defined in Clause 1 and Clause 2,
Article 27 of this Law shall designate organizations to certify conformity with
technical regulations issued by themselves on the basis of considering and
selecting conformity certification organizations defined in Article 50 of this
Law.
4. Conformity certification organizations may be
designated to conduct regulation conformity certification by modes prescribed
by competent state agencies.
Article 48.-
Announcement of technical-regulation conformity
1. Production and business organizations and
individuals subject to application of technical regulations shall announce the
conformity of products, goods, services, processes and environment with
relevant technical regulations on the basis of results of certification of technical-regulation
conformity by conformity certification organizations designated under the
provisions of Clause 3, Article 47 of this Law or results of their
self-assessment conducted on the basis of testing results of accredited or
designated testing laboratories.
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Article 49.- Rights and
obligations of organizations and individuals requesting certification of
technical-regulation conformity
1. Organizations and individuals requesting
certification of technical-regulation conformity have the following rights:
a/ To select conformity certification organizations
already designated under the provisions of Clause 3, Article 47 of this Law;
b/ To be granted technical-regulation conformity
certificates for their products, goods, services, processes and environment
already certified as such;
c/ To use technical-regulation conformity marks
for products and goods already certified or announced to be technical
regulation-conformable, packings thereof, and in documents on such products and
goods;
d/ To lodge complaints about results of
technical-regulation conformity certification conducted or breaches committed
by conformity certification organizations in relation to contracts on
technical-regulation conformity certification.
2. Organizations and individuals requesting
certification of technical-regulation conformity have the following
obligations:
a/ To ensure conformity of products, goods,
services, processes and environment with relevant technical regulations;
b/ To display accurately information written in
technical-regulation conformity certificates and announcement documents on
products and goods and packings thereof and in documents on objects already
certified and announced to be technical regulation-conformable;
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d/ To suspend the provision of products, goods,
services or processes failing to conform with relevant technical regulations
according to decisions of competent state agencies;
e/ To pay a fee for technical-regulation
conformity certification.
Section 4. CONFORMITY
CERTIFICATION ORGANIZATIONS
Article 50.- Conformity
certification organizations
1. Non-business units providing technical
services.
2. Enterprises.
3. Vietnam-based branches of foreign
certification organizations.
Article 51.- Operation
conditions of conformity certification organizations
A conformity assessment organization must
satisfy the following conditions:
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2. Having established and maintained a
management system meeting requirements in national and international standards.
3. Having registered standard conformity and
technical-regulation conformity activities with a competent state agency.
Article 52.- Rights and
obligations of conformity certification organizations
1. Conformity certification organizations have
the following rights:
a/ To grant standard conformity or
technical-regulation conformity certificates for products, goods, services,
processes and environment conformable to standards or technical regulations;
b/ To assign the right to use standard
conformity or technical-regulation conformity marks to organizations and
individuals having products and goods already certified to be standard- or
technical regulation-conformable;
c/ To withdraw granted standard conformity or
technical-regulation conformity certificates and the assigned right to use
standard conformity or technical-regulation conformity marks.
2. Conformity certification organizations have
the following obligations:
a/ To certify standard conformity or technical-regulation
conformity in the registered domains under contracts signed with
certification-requesting organizations or individuals;
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c/ To keep confidential information collected in
the course of conducting certification;
d/ To supervise certified objects in order to
ensure their sustained conformity with relevant standards or technical
regulations;
e/ To take responsibility before law for their
activities;
f/ To widely announce on the mass media the
withdrawal of standard conformity or technical-regulation conformity
certificates and the right to use standard conformity or technical-regulation
conformity marks.
Section 5. MUTUAL
ACCREDITATION AND RECOGNITION
Article 53.-
Accreditation
1. Accreditation shall be conducted with respect
to the following organizations:
a/ Testing laboratories;
b/ Calibration laboratories;
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d/ Inspection organizations.
2. Accreditation shall be conducted on the basis
of national standards and international standards.
3. Accreditation shall be conducted by
accreditation organizations specified in Article 54 of this Law.
Article 54.-
Accreditation organizations
1. Accreditation organizations are non-business
scientific units conducting assessment and accreditation of the capabilities of
organizations defined in Clause 1, Article 53 of this Law.
2. Accreditation organizations must meet the
following conditions:
a/ Having an organizational apparatus and
capability satisfying requirements in national standards and international
standards for accreditation organizations; having been recognized by
international and regional accreditation organizations;
b/ Operating in accordance with requirements in
national standards and international standards for accreditation organizations;
c/ Having established and maintained a
management system meeting requirements in national standards and international
standards;
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3. The Minister of Science and Technology shall
stipulate organization and operation of accreditation organizations.
Article 55.- Rights and
obligations of accreditation organizations
1. Accreditation organizations have the
following rights:
a/ To grant accreditation certificates to
organizations defined in Clause 1, Article 53 of this Law;
b/ To withdraw accreditation certificates.
2. Accreditation organizations have the
following obligations:
a/ To carry out accreditation at the request of
organizations or individuals;
b/ To ensure objectivity and fairness in
accreditation activities; refrain from giving consultancy to accreditation-requesting
organizations specified in Clause 1, Article 53 of this Law;
c/ To keep confidential information collected in
the course of conducting accreditation;
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e/ To take responsibility before law for their
activities.
Article 56.- Rights and
obligations of accredited organizations:
1. Accredited organizations have the following
rights:
a/ To propose competent state agencies to use
results of conformity assessment activities with respect to certification,
testing, calibration and inspection already accredited to serve state
management requirements;
b/ To lodge complaints about accreditation
results issued by accreditation organizations or their breaches of the
undertaking to conduct accreditation;
c/ Conformity certification organizations
specified at Point c, Clause 1, Article 53 of this Law shall also have the
rights provided in Clause 1, Article 52 of this Law.
2. Accredited organizations have the following
obligations:
a/ To ensure conformity of their accredited
organizational apparatus and capability with requirements in relevant national
standards and international standards;
b/ To maintain a management system meeting
requirements in relevant national standards and international standards;
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d/ Conformity certification organizations
specified at Point c, Clause 1, Article 53 of this Law shall also perform the
obligations defined in Clause 2, Article 52 of this Law;
e/ To pay a fee for accreditation.
Article 57.- Mutual
recognition agreements
1. Mutual recognition agreements include:
a/ The recognition by Vietnam
and other countries or territories of one another's conformity assessment
results shall comply with treaties to which the Socialist Republic of Vietnam
is a contracting party;
b/ The recognition by Vietnamese conformity
assessment organizations and conformity assessment organizations of other
countries or territories of one another's conformity assessment results shall
be effected on their agreements.
2. The Ministry of Science and Technology shall
assume the prime responsibility for, and coordinate with other concerned
ministries and ministerial-level agencies in, organizing the implementation of
mutual recognition agreements mentioned in Clause 1 of this Law.
Chapter V
RESPONSIBILITIES OF
AGENCIES, ORGANIZATIONS AND INDIVIDUALS OPERATING IN THE DOMAIN OF STANDARD AND
THE DOMAIN OF TECHNICAL REGULATION
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The Government shall perform the unified state
management of activities in the domain of standard and the domain of technical
regulation.
Article 59.-
Responsibilities of the Ministry of Science and Technology
1. The Ministry of Science and Technology shall
take responsibility to the Government for performing uniform state management
of activities in the domain of standard and the domain of technical regulation.
2. The Ministry of Science and Technology has
the following responsibilities:
a/ To formulate and promulgate or submit to
competent state agencies or persons for promulgation, and organize the
implementation of, policies and strategies on activities in the domain of
standard and the domain of technical regulation; organize the elaboration and
approval of plannings and plans on formulation of national standards and
national technical regulations in the domains under their assigned management;
b/ To formulate and promulgate or submit to competent
state agencies or persons for promulgation legal documents on standards and
technical regulations, and organize the implementation thereof;
c/ To evaluate and announce national standards;
organize formulation and announcement of national standards in the domain under
its assigned management; to promulgate organization and operation regulations
of technical boards for national standards; to guide the formulation and
application of national standards; to guide the formulation and announcement of
manufacturer standards; to guide the application of international, regional and
foreign standards;
d/ To evaluate national technical regulations;
to guide the formulation of technical regulations; to organize the formulation
and promulgation of national technical regulations in the domain under its
assigned management;
e/ To manage and guide conformity assessment
activities;
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g/ To manage international cooperation on
standards and technical regulations;
h/ To organize and manage activities of the
national network of notification and enquiry points related to standards,
technical regulations and conformity assessment;
i/ To conduct propaganda about and guidance on
the observance of the law on standards and technical regulations; to make
statistics on the domain of standard and the domain of technical regulation;
j/ To supervise and inspect the observance of
law on standards and technical regulations; to handle violations in accordance
with law; to settle complaints and denunciations related to activities in the
domain of standard and the domain of technical regulation in accordance with
the law on complaints and denunciations.
Article 60.-
Responsibilities of ministries, ministerial-level agencies and
government-attached agencies
1. Ministries and ministerial-level agencies,
within the scope of their respective tasks and powers, have the following
responsibilities:
a/ To formulate and promulgate or submit to
competent state agencies or competent persons for promulgation legal documents
on relevant standards and technical regulations;
b/ To organize the elaboration and approval of
plannings and plans on formulation on national technical regulations; to
organize the formulation and promulgation of national technical regulations in
the domains under their respective management;
c/ To propose plannings and plans on formulation
of national standards; to organize the formulation of draft national standards
in the branches or domains under their respective management;
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e/ To manage activities of announcement of
technical-regulation conformity and certification of technical-regulation
conformity;
f/ To make statistics on activities of
formulation, promulgation and application of technical regulations issued by
themselves;
g/ To participate in international cooperation
on standards and technical regulations;
h/ To disseminate, and guide the application of,
standards and technical regulations;
i/ To supervise and inspect activities in the
domain of technical regulation; to handle violations in accordance with law;
j/ To settle complaints and denunciations
related to activities in the domain of technical regulation in accordance with
the law on complaints and denunciations;
2. Government-attached agencies, within the
scope of their tasks and powers, have the following responsibilities:
a/ To formulate and submit to competent state
agencies or persons for promulgation legal documents on relevant standards and
technical regulations;
b/ To elaborate and submit to competent state
agencies or persons for approval plannings and plans on formulation of national
technical regulations;
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d/ To propose plannings and plans on formulation
of national standards; to organize the formulation of draft national standards
in the domains under their assigned management;
e/ To disseminate, and guide the application of,
standards and technical regulations;
f/ To participate in international cooperation
on standards and technical regulations;
g/ To supervise and inspect activities in the
domain of technical regulation; to handle violations in accordance with law;
h/ To settle complaints and denunciations
related to activities in the domain of technical regulation in accordance with
the law on complaints and denunciations.
Article 61.-
Responsibilities of provincial/municipal People's Committees
Provincial/municipal People's Committees, within
the scope of their tasks and powers, have the following responsibilities:
1. To propose plans on formulation of national
standards and national technical regulations; to organize the elaboration and
implementation of plans on formulation of local technical regulations.
2. To promulgate, and guide the application of,
local technical regulations.
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4. To organize the implementation of, propaganda
about and education in the law on standards and technical regulations.
5. To supervise and inspect the observance of
the law on standards and technical regulations; to handle violations in
accordance with law.
6. To settle complaints and denunciations
related to activities in the domain of standards and the domain of technical
regulation in accordance with the law on complaints and denunciations.
Article 62.-
Responsibilities of production and business organizations and individuals
1. To announce standards applicable to products,
goods, services, processes and environment.
2. To announce products, goods, services,
processes and environment conformable with relevant technical regulations.
3. To ensure conformity of products, goods,
services, processes and environment with announced technical regulations and
standards.
Article 63.-
Responsibilities of associations and unions
1. To give opinions on the formulation of
relevant legal documents, national standards and technical regulations.
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Chapter VI
INSPECTION, HANDLING OF
VIOLATIONS, SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS AND DISPUTES RELATED TO
ACTIVITIES IN THE DOMAIN OF STANDARD AND THE DOMAIN OF TECHNICAL REGULATION
Article 64.-
Inspectorate of activities in the domain of standard and the domain of
technical regulation
1. The inspectorate of activities in the domain
of standard and the domain of technical regulation is a specialized inspectorate.
2. Inspection of activities in the domain of
standard and the domain of technical regulation shall be conducted in
accordance with the law on inspection.
3. The Government shall issue detailed
regulations on the organization and operation of the inspectorate of activities
in the domain of standard and the domain of technical regulation.
Article 65.- Handling
of violations of the law on standards and technical regulations
1. Persons who commit acts of violating the law on
standards and technical regulations shall, depending on the nature and severity
of their violations, be disciplined, administratively sanctioned or examined
for penal liability; if causing damage, they must pay compensation therefor in
accordance with law.
2. Organizations that violate the law on
standards and technical regulations shall, depending on the nature and severity
of their violations, be administratively sanctioned or suspended from
operation; if causing damage, they must pay compensation therefor in accordance
with law.
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1. Organizations and individuals are entitled to
lodge complaints with competent state agencies or persons about the latter's
administrative decisions or administrative acts which they deem illegal or
about acts of infringing upon their legitimate rights and interests in
activities in the domain of standard and the domain of technical regulation in
accordance with law.
2. Individuals are entitled to denounce to
competent state agencies or competent persons acts of violation of the law on
standards and technical regulations.
Article 67.- Settlement
of complaints and denunciations related to activities in the domain of standard
and the domain of technical regulation
State agencies and persons competent to settle
complaints and denunciations shall consider and settle complaints and
denunciations related to activities in the domain of standard and the domain of
technical regulation in accordance with the law on complaints and
denunciations.
Article 68.- Resolution
of disputes in activities in the domain of standard and the domain of technical
regulation
The State shall encourage parties to disputes in
activities in the domain of standard and the domain of technical regulation to
resolve their disputes through conciliation; in case of conciliation failure,
the parties may initiate lawsuits at a court or an arbitration in accordance
with law.
Chapter VII
IMPLEMENTATION
PROVISIONS
Article 69.- Transition
provisions
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2. Technical regulations, processes, rules,
standards and documents already promulgated for mandatory application in
service of state management shall be reviewed and converted into technical
regulations.
3. The Government shall provide for the
conversion of branch standards into national standards or national technical
regulations defined in Clause 1 of this Article and the conversion of technical
regulations, processes, rules, standards and documents subject to mandatory
application into technical regulations defined in Clause 2 of this Article.
Article 70.-
Implementation effect
This Law takes effect on January 1, 2007.
Article 71.-
Implementation guidance
The Government shall detail and guide the
implementation of this Law.
This Law was passed on June 29, 2006, by the
XIth National Assembly of the Socialist Republic of Vietnam at its 9th session.