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THE MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
12/2003/QD-BKHCN
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Hanoi, May 26, 2003
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DECISION
PROMULGATING THE CHARTER ON ORGANIZATION AND
OPERATION OF THE STANDARDIZATION, METROLOGY AND QUALITY CONTROL NOTIFICATION
AUTHORITY AND INQUIRY POINT
THE MINISTER OF SCIENCE AND TECHNOLOGY
Pursuant to the Government's Decree No. 22/CP
of May 22, 1993 on the tasks, powers and organizational apparatus of the
Ministry of Science, Technology and Environment (now the Ministry of Science
and Technology);
Pursuant to the Science and Technology Minister's Decision No. 356/QD-BKHCN of
March 25, 2003 on the establishment of the Standardization, Metrology and
Quality Control Notification Authority and Inquiry Point;
At the proposals of the General Director of Standardization, Metrology and
Quality Control and the director of the Department for Organization and
Scientific Personnel,
DECIDES:
Article 1.- To promulgate together with this Decision the
Charter on organization and operation of the Standardization, Metrology and
Quality Control Notification Authority and Inquiry Point.
The Charter comprises 5 chapters with 12
articles.
Article 2.- This Decision takes effect 15 days after its
publication in the Official Gazette.
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FOR THE MINISTER OF
SCIENCE AND TECHNOLOGY
VICE MINISTER
Bui Manh Hai
CHARTER
ON ORGANIZATION AND OPERATION OF THE
STANDARDIZATION, METROLOGY AND QUALITY CONTROL NOTIFICATION AUTHORITY AND
INQUIRY POINT
(Promulgated together with the Science and Technology Minister's
Decision No. 12/2003/QD-BKHCN of May 26, 2003)
Chapter I
GENERAL PROVISIONS
Article 1.- The Standardization, Metrology and Quality
Control Notification Authority and Inquiry Point (called Vietnam TBT Point for
short) is a non-business unit with revenues under the General Department of
Standardization, Metrology and Quality Control, a national body designated to
provide inquiry and notification of the standardization, metrology and quality
control regulations related to technical barriers to trade (TBT) of the World
Trade Organization (WTO).
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Article 2.- Vietnam TBT Point shall have the legal person
status, its own seal for making transactions and be entitled to open accounts
at the State Treasury and the State Bank.
Article 3.- Vietnam TBT Point's head office is located in
Hanoi.
Chapter
II
TASKS AND POWERS
Article 4.- Vietnam TBT Point shall have the following
principal tasks and powers:
1. To notify Vietnam's technical regulations and
processes for evaluating the compatibilities, which have been and will be
applied, to the WTO's Secretariat; at the same time to receive and disseminate
the WTO member countries' notifications to relevant domestic organizations
under the WTO's guidance.
2. To answer inquiries about technical
regulations and standards (including drafts) and processes for evaluating the
compatibilities, which have been and will be applied, and other matters related
to standardization, metrology, quality control and technical barriers to trade
in compatibility with the regulations of the WTO/TBT Agreement;
3. To organize and participate in professional
activities of guiding and disseminating knowledge on technical barriers to
trade to relevant agencies, organizations and individuals;
4. To participate in bilateral and multilateral
international cooperation activities on technical barriers to trade according
to the assignment of the General Department of Standardization, Metrology and
Quality Control;
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6. To perform other tasks assigned by the
General Department of Standardization, Metrology and Quality Control;
7. To manage personnel, finance and assets of
Vietnam TBT Point according to the current provisions of law.
Chapter
III
ORGANIZATIONAL STRUCTURE AND WORKING RELATIONSHIPS
Article 5.- Vietnam TBT Point shall be organized and operate
according to the single-boss regime.
The Point's director shall be appointed by the
General Director of Standardization, Metrology and Quality Control after
obtaining the consent of the Science and Technology Ministry's leadership.
The Point's director shall be answerable to the
General Director of Standardization, Metrology and Quality Control and law for
all activities of the Point.
The Point's deputy-director shall have to assist
the director in leading the Point be answerable to the director for the assigned
tasks.
Article 6.- Vietnam TBT Point's payroll shall be decided by
the General Director of Standardization, Metrology and Quality Control within
the total payroll approved for the General Department of Standardization,
Metrology and Quality Control. The remaining personnel shall work under the
labor contract regime.
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1. The Section for General Administrative
Affairs;
2. The Professional Section for Notification and
Answer of Questions about Technical Barriers for Trade;
3. When having demands, the Point may open its
branches in Da Nang city, Ho Chi Minh city and a number of other localities
according to law provisions.
Article 8.- Vietnam TBT Point shall have to closely
coordinate with units and organizations inside and outside the General
Department of Standardization, Metrology and Quality Control in order to
perform the tasks prescribed in Article 4 of this Charter.
Chapter
IV
FINANCIAL ACTIVITIES
Article 9.- Vietnam TBT Point is a non-business unit with
revenues.
Vietnam TBT Point's financial sources include:
1. The source allocated by the State budget;
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3. Funds provided by domestic and foreign
organizations and individuals;
4. Other sources.
Article 10.- The director of Vietnam TBT Point shall have to
efficiently use the Point's financial sources and effect the financial
management according to the current law provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article 11.- This Charter takes effect 15 days after its
publication in the Official Gazette.
Article 12.- The General Director of Standardization,
Metrology and Quality Control shall coordinate with the director of the
Department for Organization and Scientific Personnel in proposing amendments
and/or supplements to this Charter to the Minister of Science and Technology
for consideration and decision.
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