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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
127/2007/ND-CP
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Hanoi,
August 01, 2007
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DECREE
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
LAW ON STANDARDS AND TECHNICAL REGULATIONS
THE GOVERMENT
Pursuant to the Law on
Governmental Organization dated December 25, 2001;
Pursuant to the Law on Standards
and Technical Regulations dated June 29, 2006;
At the proposal of the
Minister of Science and Technology,
DECREES:
Chapter
1:
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Article 1. Scope of
governing
This Decree details the
implementation of some Articles of the Law on Standards and Technical
Regulations for Construction, publication of standards; building, issue of
technical regulations; and assessment of compliance with standards and
technical regulations standards and responsibilities of agencies, organizations
and individuals operating in the field of standards and technical regulations.
Article 2.
Subjects to activities in the field of standards and Subjects to activities in
the field of technical regulations
Subjects to activities in the
field of standards and subjects to activities in the field of technical
regulations include:
1. Products and goods produced
for domestic use; exported products, goods; imported products and goods;
2. Services related to the
following activities: trade; post and telecommunications; information
technology; construction; education; training; labor, vocational training;
finance, banking; healthcare; tourism; culture, recreation; fitness, sports;
traffic, transport; science, technology; standardization, metrology, quality;
security and safety, agriculture and rural development; fishery; natural
resources and environment; other services incurred in the process of economic -
social development should be developed and applied standards, technical
regulations;
3. The process of manufacture,
mining, processing, storage, transportation, use, operation, warranty,
maintenance, recycling and disposal, quality management of products,
commodities and other processes in economic - social activity should be
developed and applied standards, technical regulations;
4. Environment of soil, water,
air; noise, vibration, radiation, radioactive; solid waste, wastewater, waste
gas; means, tools and management activities, environmental protection and
preservation;
5. Other subjects in economic -
social activity should be developed and applied standards, technical
regulations.
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1. Funds for development of
national standards, technical regulations include: funds for making the
planning, plan, review, conversion, construction, and evaluation of national
standards and technical regulations.
Funds for development of
national standards, technical regulations shall be allocated in estimates of
annual state budget for activities of science and technology and other
activities of the ministries, ministerial-level agencies, and Governmental
agencies and People's Committees of provinces and cities directly under the
Central Government.
2. Where the state agencies
build basic standards to apply in the operation of the agencies, then funds
shall be allocated in estimates of annual state budget.
3. The estimation, allocation,
and settlement of funds for development of standards, technical regulations
prescribed in Clause 1 and Clause 2 of this Article shall comply with the
provisions of the State Budget Law.
4. Ministry of Finance shall
preside over and coordinate with the Ministry of Science and Technology to
specify the management and use of funds for development of standards, technical
regulations prescribed in Clause 1 and Clause 2 of this Article.
5. Funds of the organizations
and individuals supporting for the development of national standards, technical
regulations shall be decided by organizations or individuals on the basis of
agreements with agencies organizing the development of national standards,
technical regulations.
Article 4.
State policy on development of activities in the field of standards and
technical regulations
1. The State focuses on
investment in the construction and development of the system of national
standards, national technical regulations; investment in material facilities -
technique and professional capacity for the agency taking responsibility for
evaluation national standards and technical regulations.
2. The State encourages and
creates conditions for the training of human resources, training and improving
their technical level, professional skill for the team of civil servants,
public employees, experts in the field of standards and technical regulations
arts.
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4. The State encourages the
expansion of cooperation with other countries, territories; international
organizations and region; foreign organizations, individuals on standards and
technical regulations; sign and implement the agreements, bilateral and
multilateral mutual recognition agreements of the results of conformity
assessment between Vietnam and other countries and territories; encourages the
organizations assessing the conformity of Vietnam to sign mutual recognition
agreement of the results of conformity assessment with the respective
organizations of the countries and territories to facilitate the development of
trade between Vietnam and other countries and territories.
Chapter 2:
DEVELOPMENT, PUBLICATION
OF STANDARDS
Article 5.
Dossier of draft of national standards
1. Dossier of draft of national standards
developed by ministries, ministerial-level agencies, Governmental agencies
includes:
a) A Decision on assigning tasks to develop
draft of national standards to agencies and organizations together with project
to develop national standards approved;
b) A Report on the process of developing draft
of national standards of agencies and organizations developing draft of
national standards;
c) A Draft of national standards (including the
written draft and electronic files) together with the explanation; a copy of the
original document used as a basis for developing draft of the national
standards; the other documents of reference;
d) A List of agencies, organizations, and
individuals sent a draft for opinions; written synthesis and comments absorbing
together with the written comments;
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e) A Report on results of evaluation of draft of
national standards of evaluation agency;
g) A document absorbing evaluation opinions, the
draft of national standards that has been finalized on the basis of absorbing
evaluation opinions together with the written explanation; other documents,
dossiers related to the process of handling evaluation comments (if any).
2. Dossier of draft of national standards
developed by the Ministry of Science and Technology on the basis of a draft of
standards requested by organizations and individuals includes:
a) A written request for developing national
standards of organizations and individuals together with the draft of standards
requested;
b) The documents specified at the Points a, b,
c, d, e, g, Clause 1 of this Article.
3. Dossier of draft of national standards
developed by the Ministry of Science and Technology includes the respective
documentation prescribed in the Points a, b, c, d, e, g, Clause 1 of this
Article.
Article 6. Review and
conversion of standards of Vietnam into national standards
1. Ministry of Science and Technology shall
preside over and coordinate with the ministries, ministerial-level agencies,
concerned Governmental agencies to review the standards of Vietnam that have
been issued under the 1999 Ordinance on Goods Quality and under the laws and
other ordinances to establish the following lists:
a) Vietnam standards not required to be amended,
supplemented its contents when converted into national standards;
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c) Vietnam Standards required to be canceled.
The review and preparation of the lists must be
completed before December 31, 2007.
2. Principles and time limit for conversion of
standards of Vietnam into national standards:
a) Vietnam standards with contents consistent
with the advance of science and technology, conditions and demand for economic
- social development, national technical regulations, the provisions of the law
of Vietnam, concerned international commitment according to lists specified in
point a clause 1 of this Article are converted into national standards that are
not required to be amended or supplemented its standards;
The conversion of Vietnam standards into
national standards must be completed before December 31, 2008.
b) Vietnam standards with contents not
consistent with the advance of science and technology, conditions and demand
for economic - social development, national technical regulations, the
provisions of the law of Vietnam, concerned international commitment according
to lists specified in point b clause 1 of this Article are considered to be
amended, supplemented its contents and converted into national standards;
The amendment, supplement of contents and
conversion of the Vietnam standards specified in this point into the national
standards must be completed before December 31, 2010.
c) Vietnam standards that are not applied in
practice, with contents which are backward compared to the advance of science
and technology, conditions and demand for economic - social development, or
which are contrary to the national technical regulations, regulations of the
law of Vietnam, relevant international commitments according to the list
specified in point c Clause 1 of this Article must be cancelled.
The cancellation of Vietnam standards must be
completed before June 30, 2008.
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a) The order and procedures for converting
Vietnam standards specified in point a clause 2 of this Article into national
standards:
- Conversion of the whole contents of the
standards of Vietnam into the draft of national standards;
- Transformation of the presentation form under
the guidance of the Ministry of Science and Technology;
- Evaluation of draft of national standards as
prescribed at Point d, Clause 1, Article 17 of the Law on Standards and
Technical Regulations;
- Publication of the national standards as
prescribed in point đ Clause 1, Article 17 of the Law on Standards and
Technical Regulations.
b) The order and procedures for amendment and
supplementation of contents to convert the Vietnam standards specified in point
b clause 2 of this Article into national standards comply with the provisions
of Clause 1 of Article 17 of the Law on Standards and Technical Regulations;
c) The order and procedures for canceling
Vietnam standards stipulated in Point c, Clause 2 of this Article shall comply
with the provisions of Clause 3 of Article 19 of the Law on Standards and
Technical Regulations.
Article 7. Review,
conversion of the branches’ standards into national standards
1. Ministries, ministerial-level agencies,
Governmental agencies will preside over and coordinate with the Ministry of
Science and Technology to carry out the review of branches’ standards
promulgated under the 1999 Ordinance on Quality of Goods and the laws and other
ordinances to establish the following lists:
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b) Branches’ standards required to be amended,
supplemented its contents when converted into national standards;
c) Branches’ standards required to be canceled.
The review and preparation of the lists must be
completed before December 31, 2007.
2. Principles and time limit for conversion of
branches’ standards into national standards:
a) Branches’ standards with contents consistent
with the advance of science and technology, conditions and demand for economic
- social development, national technical regulations, the provisions of the law
of Vietnam, concerned international commitment according to lists specified in
point a clause 1 of this Article are considered to be converted into national
standards;
The conversion of branches’ standards into
national standards must be completed before December 31, 2008.
b) Branches’ standards with contents not
consistent with the advance of science and technology, conditions and demand
for economic - social development, national technical regulations, the
provisions of the law of Vietnam, concerned international commitment according
to lists specified in point b clause 1 of this Article are considered to be
amended, supplemented and converted into national standards;
The review, amendment, supplement of contents
and conversion of the branches’ standards into the national standards must be
completed before December 31, 2010.
c) Branches’ standards that are not applied in
practice, with contents which are backward compared to the advance of science
and technology, conditions and demand for economic - social development, or
which are contrary to the national technical regulations, regulations of the
law of Vietnam, relevant international commitments according to the list
specified in point c Clause 1 of this Article must be cancelled.
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3. Ministry of Science and Technology shall
preside over and coordinate with the ministries, ministerial-level agencies,
Governmental agencies to organize the implementation of the conversion,
cancellation of branches’ standards prescribed at the Points a, b, c Clause 2
of this Article by the following order, procedures:
a) The order and procedures for converting
branches’ standards specified in point a clause 2 of this Article into national
standards:
- Conversion of the whole contents of the
branches’ standards into the draft of national standards;
- Transformation of the presentation form under
the guidance of the Ministry of Science and Technology;
- Evaluation of draft of national standards as
prescribed at Point d, Clause 1, Article 17 of the Law on Standards and
Technical Regulations;
- Publication of the national standards as
prescribed in point đ Clause 1, Article 17 of the Law on Standards and
Technical Regulations.
b) The order and procedures for amendment and
supplementation of contents to convert the branches’ standards specified in
point b clause 2 of this Article into national standards comply with the
provisions of Clause 1 of Article 17 of the Law on Standards and Technical
Regulations;
c) The order and procedures for
canceling the branches’ standards stipulated in Point c, Clause 2 of this
Article shall comply with the provisions of Clause 3 of Article 19 of the Law
on Standards and Technical Regulations.
Chapter 3:
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Article 8. Number sign of
technical regulations
1. Number sign of national technical regulations
are specified as follows:
a) Number sign and year of issue
of national technical regulations are separated by a colon and are placed after
QCVN;
b) The abbreviated name of
ministries, ministerial-level agencies promulgating the national technical
regulations is placed after year of issue of national technical regulations and
is separated by a slash.
2. Symbol of local technical
regulation is defined as follows:
a) Number sign and year of issue
of local technical regulations are separated by a colon and are placed after
QCDP;
b) The abbreviated name of
province and city directly under the Central Government promulgating the local
technical regulations is placed after year of issue of national technical
regulations and is separated by a slash.
3. The abbreviated names of
ministries, ministerial-level agencies, provinces, and cities directly under
the Central Government promulgating the local technical regulations re complied
with the guidance of the Ministry of Science and Technology.
4. The agency issuing technical
regulations prescribed in Article 27 of the Law on Standards and Technical
Regulations shall grant number sign of technical regulations.
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1. Ministers, heads of
ministerial-level agencies organize to develop and promulgate national
technical standards as prescribed in Article 27 of the Law on Standards and
Technical Regulations.
2. Minister of Science and
Technology organizes the evaluation of draft of national technical regulations.
3. Responsibility for developing,
evaluating and promulgating national technical regulations with nature of
interdisciplinary:
a) When necessary to develop
national technical regulations with the nature of interdisciplinary
(hereinafter referred to as the national technical regulations of
interdisciplinary), the ministries, ministerial-level agencies, Governmental
agencies are responsible for proposing in writing to the Ministry of Science
and Technology;
b) Ministry of Science and
Technology is responsible for presiding over, coordinating with the concerned
ministries, ministerial-level agencies, Governmental agencies to review and
propose the development of national technical regulations of interdisciplinary,
and identify the presiding agency for the implementation. In case there is no
consistency between the relevant agencies, the Ministry of Science and
Technology is responsible for reporting to the Prime Minister for consideration
and decision;
c) The development of draft of
national technical regulations of interdisciplinary complies with provisions in
Clause 1 of Article 32 of the Law on Standards and Technical Regulations;
d) The Minister of Science and
Technology organizes the evaluation of draft of national technical regulations
of interdisciplinary according to the contents specified in Article 33 of the
Law on Standards and Technical Regulations;
đ) The ministries,
ministerial-level agencies that are assigned to develop draft of technical
regulations of interdisciplinary promulgate national technical regulations after
agreeing with the evaluation opinions of the Ministry of Science and
Technology. In case of disagreement with the evaluation opinions, the agency
promulgating the national technical standards reports to the Prime Minister for
consideration and decision.
4. The development, evaluation, and promulgation
of national technical regulations for the objects under the responsibility of
the management of Governmental agencies:
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b) Governmental agencies organize to develop
draft of national technical regulations in accordance with the order and
procedures prescribed in Clause 1 of Article 32 of the Law on Standards and
Technical Regulations;
c) Ministry of Science and Technology organizes
the evaluation of draft of national technical regulations according to the
contents prescribed in Article 33 of the Law on Standards and Technical
Regulations and promulgates national technical regulations.
Article 10. Dossier of
draft of technical regulations
1. Dossier of draft of national technical
regulations includes:
a) A Decision on assigning tasks to develop draft
of national technical regulations to agencies and organizations together with
project to develop national technical regulations approved;
b) A Report on the process of developing draft
of national technical regulations of agencies and organizations developing
draft of national technical regulations;
c) A Draft of national technical regulations
submitted for approval together with the explanation; a copy of the original
document used as a basis for developing draft of the national technical
regulations; the other documents of reference;
d) A List of agencies sent a draft for opinions;
written synthesis and comments absorbing together with the written comments;
đ) A written request for evaluation of
ministries, ministerial-level agencies, Governmental agencies;
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g) A document absorbing evaluation opinions for
the draft of national technical regulations
h) A draft of national technical regulations has
been finalized after having evaluation opinions together with the written
explanation;
2. Dossier of draft of local technical
regulations includes:
a) The documents prescribed at Points a, b, c,
d, e, g, h, Clause 1 of this Article;
b) The Official Dispatch of People's Committee
of province and city directly under the Central Government proposing the
ministries, ministerial-level agencies, Governmental agencies of professional
management for giving comments on the draft of local technical regulations;
c) Written consent of the ministries,
ministerial-level agencies, Governmental agencies of professional management
for draft of local technical regulations;
d) A draft of local technical regulations that
has been finalized after receiving comments, together with explanation.
3. The agency issuing technical regulations is
responsible for establishing and managing dossier of draft of technical
regulations.
Article 11. Review and
conversion of Vietnam standards, branches’ standards forced the application
into national technical regulations
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a) Vietnam standards, branches’ standards forced
the application not required to be amended, supplemented its contents when
converted into national technical regulations;
b) Vietnam standards, branches’ standards forced
the application required to be amended, supplemented its contents when
converted into national technical regulations;
c) Vietnam standards, branches’ standards forced
the application required to be canceled.
The review and preparation of the lists must be
completed before December 31, 2007.
2. Principles and time limit for conversion of
Vietnam standards, branches’ standards forced the application into national
technical regulations:
a) Vietnam standards, branches’ standards forced
the application with appropriate contents and meeting the requirements of State
management of ministries, ministerial-level agencies, Governmental agencies
under the list specified in point a clause 1 of this Article shall be
considered for conversion into national technical regulations;
The conversion of Vietnam standards, branches’
standards forced the application must be completed before December 31, 2008.
b) Vietnam standards, branches’ standards forced
the application with contents of technique and management related to the forced
application of Vietnam standards, branches’ standards not consistent or not
meeting the requirements of State management of ministries, ministerial-level
agencies, Governmental agencies under the list specified in point b clause 1 of
this Article shall be considered for amendment, supplementation of its contents
and to be converted into national technical regulations;
The review, amendment, supplement of contents
and conversion of Vietnam standards, branches’ standards forced the application
into national technical regulations must be completed before December 31, 2009.
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The cancellation of Vietnam standards, branches’
standards forced the application must be completed before September 30, 2008.
3. Ministries, ministerial-level agencies,
Governmental agencies implement the conversion, cancellation of Vietnam
standards, branches’ standards forced the application as prescribed at the
Points a, b, c, Clause 2 of this Article into national technical regulations by
the following order, procedures:
a) The order and procedures for converting
Vietnam standards, branches’ standards forced the application as prescribed in
point a clause 2 of this Article into national technical regulations:
- Conversion of the whole contents of Vietnam
standards, branches’ standards forced the application and contents of
management related to the forced application of Vietnam standards, branches’
standards into the draft of national technical regulations;
- Transformation of the presentation form under
the guidance of the Ministry of Science and Technology;
- Evaluation of draft of national technical
regulations as prescribed at Point d, Clause 1, Article 32 of the Law on
Standards and Technical Regulations;
- Promulgation of the national technical
regulations as prescribed in point đ Clause 1, Article 32 of the Law on
Standards and Technical Regulations.
b) The order and procedures for review,
amendment and supplementation of contents to convert Vietnam standards,
branches’ standards forced the application specified in point b clause 2 of
this Article into national technical regulations comply with the provisions of
Clause 1 of Article 32 of the Law on Standards and Technical Regulations;
c) The order and procedures for
canceling Vietnam standards, branches’ standards forced the application
stipulated in Point c, Clause 2 of this Article shall comply with the
provisions of Clause 3 of Article 35 of the Law on Standards and Technical
Regulations.
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1. Ministries, ministerial-level
agencies, Governmental agencies shall review the technical regulations,
procedures, rules, regulations and technical documents forced the application
to establish the following lists:
a) Technical regulations, procedures, rules,
regulations and technical documents forced the application not required to be
amended, supplemented its contents when converted into national technical
regulations;
b) Technical regulations, procedures, rules,
regulations and technical documents forced the application required to be
amended, supplemented its contents when converted into national technical
regulations;
c) Technical regulations, procedures, rules,
regulations, and technical documents forced the application required to be
canceled.
The review and preparation of the lists must be
completed before June 30, 2008.
2. Principles and time limit for conversion of
technical regulations, procedures, rules, regulations and technical documents
forced the application into national technical regulations:
a) Technical regulations, procedures, rules,
regulations and technical documents forced the application with appropriate
contents and meeting the requirements of State management of ministries,
ministerial-level agencies, Governmental agencies under the list specified in
point a clause 1 of this Article shall be considered for conversion into
national technical regulations;
The conversion of technical regulations,
procedures, rules, regulations and technical documents forced the application
into national technical regulations must be completed before December 31, 2008.
b) Technical regulations, procedures, rules,
regulations and technical documents forced the application with contents not
consistent or not meeting the requirements of State management of ministries,
ministerial-level agencies, Governmental agencies under the list specified in
point b clause 1 of this Article shall be considered for amendment,
supplementation of its contents upon being converted into national technical
regulations;
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c) Technical regulations,
procedures, rules, regulations and technical documents forced the application
with contents not consistent or not meeting the requirements of State
management of ministries, ministerial-level agencies, Governmental agencies
under the list specified in point c clause 1 of this Article must be cancelled.
The cancellation of technical regulations,
procedures, rules, regulations and technical documents forced the application
must be completed before September 30, 2008.
3. Ministries, ministerial-level agencies,
Governmental agencies implement the conversion, cancellation of technical
regulations, procedures, rules, regulations and technical documents forced the
application as prescribed at the Points a, b, c, Clause 2 of this Article into
national technical regulations by the following order, procedures:
a) The order and procedures for converting
technical regulations, procedures, rules, regulations and technical documents
forced the applications as prescribed in point a clause 2 of this Article into
national technical regulations:
- Conversion of the whole contents of technical
regulations, procedures, rules, regulations and technical documents forced the
applications into the draft of national technical regulations;
- Transformation of the presentation form under
the guidance of the Ministry of Science and Technology;
- Evaluation of draft of national technical
regulations as prescribed at Point d, Clause 1, Article 32 of the Law on
Standards and Technical Regulations;
- Promulgation of the national technical
regulations as prescribed in point đ Clause 1, Article 32 of the Law on
Standards and Technical Regulations.
b) The order and procedures for review,
amendment and supplementation of contents to convert technical regulations,
procedures, rules, regulations and technical documents forced the applications
specified in point b clause 2 of this Article into national technical
regulations comply with the provisions of Clause 1 of Article 32 of the Law on
Standards and Technical Regulations;
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Article 13. Registration
for technical regulations
1. Ministries, ministerial-level agencies,
People's Committees of provinces and cities directly under the Central
Government promulgating technical regulations implement the registration of technical
regulations at the Ministry of Science and Technology no later than 15 days
from the date of promulgating technical regulations.
2. Registration dossier for technical
regulations includes:
a) A written request enclosed with a written
registration for technical regulations under the guidance of the Ministry of
Science and Technology;
b) Copy of technical regulations;
c) Decision on issuing technical regulations.
3. Ministry of Science and Technology receives
registration dossier for technical regulations and publishes annually list of
technical regulations.
Chapter 4:
VALUATION OF CONFORMITY
WITH STANDARDS AND TECHNICAL REGULATIONS
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1. The publication of conformity
with standards is a voluntary activity. Organizations and individuals
producing, trading as publicizing products, goods, services, processes and
environment in accordance with respective standards register the written
publication of conformity with standards at the Branches of Standards,
Metrology and Quality of Department of Science and Technology of provinces,
cities under central authority where the organizations and individuals register
their production and business.
2. The publication of conformity
with regulations is a compulsory activity. Organizations and individuals
producing and trading must publicize conformity with regulations in accordance
with the provisions in the respective technical regulations. Upon the
publication of conformity with regulations, organizations and individuals
producing and trading must register the written publication of conformity with
regulations at the corresponding specialized Department in the locality where
the organizations and individuals register their production and business.
3. Ministries,
ministerial-level agencies promulgating national technical regulations shall
publicly announce on the corresponding specialized Departments in the
localities where receiving the written publication of conformity with
regulations on their websites (website) and on the mass media.
Quarterly, the corresponding
specialized Departments in the localities where receiving the written
publication of conformity with regulations make a list of organizations and
individuals registered the publication of conformity with regulations and send
to the following agencies:
a) Ministries, ministerial-level
agencies promulgating the national technical regulations;
b) Departments of Science and
Technology of provinces and cities under central authority where organizations
and individuals register their production and business for synthesis, report to
the Ministry of Science and Technology.
4. People's Committees of
provinces and cities directly under the Central Government issuing the local
technical regulations shall publicly announce on the corresponding specialized
Departments in the localities where receiving the written publications of
conformity with regulations on their websites (website) and on the mass media.
Quarterly, the corresponding
specialized Departments in the localities where receiving the written
publications of conformity with regulations make a list of organizations and
individuals registered the publication of conformity with regulations and send
to the following agencies:
a) Contact point agencies
appointed under the provisions of Clause 2 of Article 21 of this Decree of the
Ministries of specialized management managing the corresponding objects of
local technical regulations.
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Article 15.
Marks of conformity with standards, conformity with regulations
1. Marks of conformity with
standards shall be issued by the conformity certification organizations for the
objects certified conformity with standards. The shape, structure, and
performances of marks of conformity with standards shall be provided for under
the guidance of the Ministry of Science and Technology by the conformity
certification organizations.
2. Marks of conformity with regulations
issued by regulations conformity certification organizations for products and
goods certified conformity with regulations or mounted by organizations and
individuals publicizing conformity with regulations for the products, the goods
to be publicized conformity with regulations after registered the publication
of conformity with regulations.
The shape, structure and
performances of marks of conformity with regulations shall be provided for by
the Ministry of Science and Technology.
3. Organizations and individuals
producing, trading after being certified the standards conformity shall self-
express marks of conformity with standards or after being certified the
regulations conformity shall self- express marks of conformity with regulations
on products, goods, packaging of products, goods, materials of products, goods,
services, processes and environment that have been certified the standards
conformity or regulations conformity.
Article 16.
Organizations certifying conformity
1. The organizations certifying
conformity include:
a) The non-public or public
service units of science and technology operating service of science -
technology to be established and registered for their operations under the Law
on Science and Technology;
b) The enterprises established
and registered for their operations under the Enterprises Law;
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2. The organizations certifying conformity
conduct certification of conformity with standards or certification of
conformity with regulations or both certification of conformity with standards
and regulations.
3. The organizations certifying
conformity with standards are conducted the certification activities of
conformity with standards after fully meeting the following conditions:
a) The requirements specified in
clauses 1 and 2 of Article 51 of the Law on Standards and Technical
Regulations;
b) Registration for
certification of conformity with standards at the Ministry of Science and
Technology.
4. The organizations certifying
conformity with regulations are carried out the certification activities of
conformity with regulations after fully meeting the following conditions:
a) The requirements specified in
clauses 1 and 2 of Article 51 of the Law on Standards and Technical
Regulations;
b) Registration of the
certification activities of conformity with regulations at the ministries,
ministerial-level agencies, People's Committees of provinces and cities
directly under the Central Government issuing technical regulations;
c) Being prescribed by the
ministries, ministerial-level agencies, Governmental agencies of professional
management, the People's Committees of provinces and cities under central
authority in clause 3 of Article 47 of the Law on Standards and Technical
Regulations to appoint as the organizations implementing the regulations
conformity certification.
5. Ministry of Science and
Technology guides specifically on the capacity of the organizations of the
standards conformity certification, regulations conformity certification; the
order and procedures for registering the certification of standard conformity,
certification of regulations conformity.
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a) Detailing the order and
procedures to assign the regulations conformity certification organizations;
b) Organizing the review,
evaluation and certification of capacity in accordance with provisions of the
Ministry of Science and Technology to appoint the corresponding regulations
conformity certification organizations with technical regulations issued by
them. The conformity certification organizations having the certificates of
accreditation of the accreditation organizations prescribed in Clause 1 of
Article 17 of this Decree or foreign accreditation bodies as members of the
Pacific Association of Accreditation (PAC) and International Accreditation
Forum (IAF) are given priority for consideration, appointment as regulations
conformity certification organizations.
7. Ministries, ministerial-level
agencies, People's Committees of provinces and cities under central authority
announce the list of the regulations conformity certification organizations
that have been assigned on the mass media at central and local levels or on
internet network for the organizations and individuals to know, select, and notify
the Ministry of Science and Technology for coordination of management.
Article 17.
Accreditation organizations
1. Accreditation organizations
are the organizations meeting the conditions specified in Article 54 of the Law
on Standards and Technical Regulations to implement the evaluation and
recognition of the capacity of testing laboratories, calibration laboratories,
conformity certification organizations, and appraisal organizations.
2. Accreditation organizations
must operate in accordance with regional and international requirements of
integration in the area of conformity assessment, creating conditions for
Vietnam to join the agreement or agreements of mutual recognition on conformity
evaluation results, for the need of state management in the specialized areas.
3. Ministry of Science and
Technology is responsible for unified management of the operation of
accreditation organizations.
Article 18.
Appointment of the organizations to implement testing, calibration and
appraisal for purposes of specialized management
Depending on demand of
management, ministries, ministerial-level agencies, Governmental agencies may
conduct assessment and certification of capabilities of laboratories,
calibration laboratories, appraisal organizations qualified under the basic
requirements of the corresponding national standards, international standards
of International Organizations for Standardization (ISO) and International
Electricity Committee (IEC) to assign these organizations to conduct the
testing, calibration and appraisal for specialized management purposes
assigned.
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1. The mutual recognition of
results of conformity assessment between the countries and territories includes
the results of conformity certification; calibration results; testing results;
appraisal results.
2. Ministry of Science and
Technology shall preside over and coordinate with the concerned ministries,
ministerial-level agencies to organize the implementation of mutual recognition
agreements between Vietnam and other countries and territories on the results
of conformity assessment, to follow the law on signing and implementing
international agreements which the socialist Republic of Vietnam is a member.
3. Ministry of Science and
Technology coordinates with the Ministry of Foreign Affairs to guide the
signing and implementation of agreements on mutual recognition of results of
conformity assessment between organizations assessing the conformity of Vietnam
with organizations assessing the conformity of countries, territories,
international and regional organizations.
Chapter 5:
RESPONSIBILITIES OF
AGENCIES, ORGANIZATIONS AND INDIVIDUALS OPERATING IN THE FIELD OF STANDARDS AND
TECHNICAL REGULATIONS
Article 20.
Responsibilities of the Ministry of Science and Technology
1. Ministry of Science and
Technology taking responsibility before the Government to perform the task of
unified State management on operations in the field of standards and technical
regulations with the contents specified in Article 59 of the Law on Standards
and Technical Regulations have the following responsibilities:
a) To guide the development,
evaluation, publication, issuance, dissemination and application of standards; stipulate
the organization and operation of the Technical Board of national standards;
b) To participate in the process
of drafting national standards, national technical regulations presided over by
ministries, ministerial-level agencies, Governmental agencies;
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d) To guide the development,
evaluation, and issuance of technical regulations;
đ) To be responsible for the
contents of national standards, national technical regulations presided over to
develop by them; to be responsible for evaluation opinions of drafts of
national standards, national technical regulations presided over to develop by
the Ministries, ministerial-level agencies, Governmental agencies; to decide
the time limit for absorbing comments on the drafts of national standards,
national technical regulations presided over to develop by them in case of
emergency related to health, safety and environment;
e) To guide on the operation of
conformity assessment including certification of standards conformity,
regulations conformity, publication of standards conformity, regulations
conformity, recognition of the capacity of testing laboratories, calibration
laboratories, organizations certifying the conformity, appraisal organizations;
g) To organize the propagation
and dissemination of the activities in the field of standards and technical
regulations;
h) To allocate funds to improve
technical material facilities and enhance capacity of expertise for the
organizations evaluating national standards and national technical regulations.
2. Directorate for Standards,
Metrology and Quality under the Ministry of Science and Technology is the
agency to assist the Minister of Science and Technology to carry out State
management of activities in the field of standards and technical regulations.
Article 21.
Responsibilities of ministries, ministerial-level agencies, Governmental
agencies
1. Ministries, ministerial-level
agencies, Governmental agencies within their tasks, power conduct State
management of activities in the field of standards and technical regulations
with the contents specified in Article 60 of the Law on Standards and Technical
Regulations.
2. Ministers, heads of
ministerial-level agencies, heads of governmental agencies appoint the contact
point agency being responsible for assisting the ministries, ministerial-level
agencies, governmental agencies in State management of activities in the field
of standards and technical regulations.
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4. Ministries, ministerial-level
agencies, Governmental agencies are responsible for the contents of national
standards, national technical regulations presided over to develop by them; to
decide the time limit for absorbing comments on the drafts of national
standards, national technical regulations presided over to develop by them in
case of emergency related to health, safety and environment.
Article 22.
Responsibilities of People's Committees of provinces and cities directly under
the Central Government
1. People's Committees of
provinces and cities directly under the Central Government within their scope
of tasks and power, conduct State management of activities in the field of
standards and technical regulations with the contents specified in Article 61
of the Law on Standards and Technical Regulations.
2. People's Committees of
provinces and cities directly under the Central Government decide the time limit
for absorbing comments on the local technical regulations presided over to
develop by them in case of emergency related to health, safety and environment.
3. Departments of Science and
Technology shall preside over and coordinate with other concerned departments
and agencies, branches to assist People's Committees of provinces and
centrally-run cities in performing the State management on activities in the
field of standards and technical regulations in the localities.
Branches for Standards,
Metrology and Quality under the Departments of Science and Technology are the
agencies to directly assist the Departments of Science and Technology to carry
out State management of activities in the field of standards and technical
regulations in the localities.
Article 23.
Assignment of responsibility of development, promulgation of national technical
regulations
1. Ministries, ministerial-level
agencies implement the development and promulgation of national technical
regulations for the fields assigned by the Government, as follows:
a) Ministry of Health:
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- Medical examination and
treatment, care, nursing, rehabilitation, aesthetics, appraisal in the health
sector;
- Drugs, drug raw materials,
cosmetics;
- Equipment, health works;
- Services in the health sector.
b) Ministry of Agriculture and
Rural Development:
- Production, processing,
harvesting, storage, transportation of agricultural products, forest products,
salt, slaughtering of livestock and poultry;
- Plant varieties and animal
breeds (except fisheries);
- Supplies of agriculture and forestry,
fertilizers, animal feed;
- Plant protection, veterinary
medicine, quarantine for plants, animals;
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- Services in the field of
agriculture and rural development.
c) Ministry of Fisheries:
- Safety and hygiene of fisheries,
exported aquatic products, aquaculture feed, aquaculture veterinary medicine,
chemicals and medical biological products used in aquaculture, aquatic species;
- Safety and hygiene in the
production process from farming, mining, processing, storage and transportation
of aquatic products;
- Fishing tools, devices
required stringent requirements for safety in the fisheries sector;
- Services in the fisheries
sector.
d) Ministry of Transport:
- Means of transportation;
means, cargo handling equipment, construction, specialized transport; means of
probes, and exploitation on sea;
- The transport infrastructure
works;
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- The sector of traffic safety;
- Services in the field of
transport.
đ) Ministry of Construction:
- Civil construction works,
housing and offices;
- Construction Materials;
- Architecture and planning for
urban construction, rural construction planning;
- Urban technical
infrastructure;
- Services in the construction
sector.
e) Ministry of Industry:
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- Chemical safety, industrial
explosives and industrial environments;
- Safety in mechanic production,
metallurgy, electricity, energy, exploration of oil and gas, materials,
chemicals (including pharmaceutical chemistry);
- Safety of consumption
industry;
- Safety of food industry and
other processing industries;
- Services in the industrial
sector.
g) Ministry of Labor - Invalids
and Social Affairs:
- Occupational safety;
- Personal protection equipment
for employees;
- Requirements for occupational
safety of machinery, equipment and materials with strict requirements on
safety, occupational health under the provisions of the Labor Code;
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- Safety for the public
recreation works;
- Services in the field of
labor, war invalids, and social affairs.
h) Ministry of Post and
Telecommunications:
- Network, works, products,
services of post and telecommunications, electronics and information
technology;
- Radio frequencies and
transmitters, transceivers of radio frequency;
- Services in the field of post
and telecommunications.
i) Ministry of Natural Resources
and Environment:
- Quality of surrounding
environment; environmental observation, assessment of the environmental status;
strategic environmental assessment; environmental impact assessment; control of
pollution; and waste management and environmental management;
- Survey, investigation,
assessment and inventory of resources, minerals, quality assessment, reserves
of mineral resources;
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- Meteorology and Hydrology;
- Services in the field of
natural resources and environment.
k) Ministry of Trade:
- Services related to commercial
activities;
- E-Commerce.
l) Ministry of Education and
Training:
- Teaching aids, technical
equipment used in schools;
- Services in the field of
education and training.
m) Ministry of Finance:
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- The sector of the national
reserve.
n) Ministry of Culture -
Information:
- Protect and promote the
cultural heritage value: preserve, renovate, restore historical - cultural relics
and famous landscape; explore and excavate archaeology; manage and protect
underwater cultural heritage; register relics, antiques and national treasures;
- Publications and press
products;
- Materials for types of movies;
- Fine arts, photography, advertising,
and printing;
- Services in the fields of
culture, information, and entertainment.
o) Ministry of Home Affairs:
Documents and archives
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- Printing, minting, preservation,
and transfer of money, release, withdrawal, replacement and destruction of
money;
- Services in the banking
sector.
q) Fitness and Sport Committee:
- Sports works;
- Equipment for training and
competition;
- Services in the field of
fitness, sport.
r) Ministry of Defense:
- Vehicles, military equipment,
weapons and ammunition, products for defense, defense projects not subject to
state secrets;
- Safety and security in the
field of military, defense.
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- Fire prevention and fighting,
technical equipment, weapons, ammunition and explosives, support tools and
other products used for the people's public security force not subject to state
secrets;
- Services in the security
sector.
t) Ministry of Science and Technology:
- Radiation safety, nuclear,
radioactive sources;
- Measurement, examination,
testing, accreditation, and certification;
- Products, goods, services,
processes and other objects (except for products, goods, services, processes
specified in points a, b, c, d, đ, e, g, h , i, k, l, m, n, o, p, q, r, s,
Clause 1 of this Article);
- To promulgate national
technical regulations for objects of management sector of the governmental
agencies.
2. Where there is overlap,
duplication of assigned areas for development, promulgation of national
technical standards between the ministries, ministerial-level agencies defined
in Clause 1 of this Article or the appearance of new areas, the exception,
Ministry of Science and Technology General synthesizes, reports to the Prime
Minister for consideration and decision.
Article 24.
Responsibilities of organizations and individuals producing and trading on the
publication of applicable standards
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2. The notification of
applicable standards is done through form of recording number sign of applied
standards or basic properties on the labels or packaging of products, goods, or
in the transaction documents, introduction of the products, services,
processes, environment, and other appropriate forms.
Article 25.
Inspection in the field of standards and technical regulations
1. Specialized inspectors of the
ministries and branches conduct inspection function in the field of technical
regulations within the scope and sector assigned to manage provided for in
Article 23 of this Decree.
2. Ministry of Science and
Technology performs the function of specialized inspection in the field of
standards and technical regulations as stipulated in Decree No.87/2006/ND-CP dated
August 28, 2006 by the Government on organization and operation of inspectorate
of science and technology within the scope of duties and powers assigned.
Chapter 6:
IMPLEMENTATION
PROVISIONS
Article 26.
Effect
1. This Decree takes effect 15
days after its publication in the Official Gazette. The previous regulations
contrary to this Decree are hereby annulled.
2. Vietnam standards, branches’
standards for voluntary application issued before the effective date of the Law
on Standards and Technical Regulations that have not been converted into
national standards may continue to use until the the conversion time limit
specified in Clause 2, Article 6, clause 2 of Article 7 of this Decree.
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4. Vietnam standards, branches’
standards and technical regulations, procedures, rules, regulations, technical
documents forced the application issued before the effective time of the Law on
Standards and Technical Regulations used in the social-economic development
projects approved before the effective date of the Law on Standards and Technical
Regulations may continue in effect for the projects if the provisions of these
documents do not affect the quality of the projects.
Article 27.
Responsibility for implementation
1. Minister of Science and
Technology is responsible for guiding the implementation of this Decree.
2. The Ministers, heads
of ministerial-level agencies, heads of Governmental agencies, Presidents of
People’s Committees of provinces and cities directly under the Central
Government shall implement this Decree./.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung