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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: 09/2006/QD-BKHCN
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Hanoi, May 04, 2006
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DECISION
PROMULGATING THE REGULATION ON PROCEDURES FOR NOTIFICATION AND ENQUIRY
HANDLING BY VIETNAM'S NETWORK OF NOTIFICATION AUTHORITIES AND ENQUIRY POINTS ON
TECHNICAL BARRIERS TO TRADE
THE
MINISTER OF SCIENCE AND TECHNOLOGY
Pursuant to the Government's Decree
No. 54/2003/ND-CP of May 19, 2003, defining the functions, powers and organizational
structure of the Science and Technology Ministry, and Decree No. 28/2004/ND-CP
of January 16, 2004, amending and supplementing a number of articles of Decree
No. 54/2003/ND-CP;
Pursuant to the Prime Minister's Decision No. 114/2005/QD-TTg of May 26,
2005, establishing and promulgating the Regulation on organization and
operation of, Vietnam's Network of Notification Authorities and Enquiry Points
on Technical Barriers to Trade;
At the proposal of the general director of the General Department of Standardization,
Metrology and Quality Control,
DECIDES:
Article 1.- To promulgate together with this
Decision the Regulation on procedures for notification and enquiry handling by Vietnam's Network of Notification Authorities and Enquiry Points on Technical Barriers to
Trade.
Article 2.- This Decision takes effect 15 days
after its publication in "CONG BAO." Particularly, the notification
of legal documents on techniques and conformity assessment procedures according
to the provisions of Article 1 of this Decision shall be carried out as from
the date Vietnam officially joins the World Trade Organization (WTO).
Article 3.- The director of the Office, the
director of the Organization and Personnel Department, the general director of
the General Department of Standardization, Metrology and Quality Control, the
heads of the notification authorities and enquiry points of Vietnam's Network
of Notification Authorities and Enquiry Points on Technical Barriers to Trade,
and other concerned organizations and individuals shall have to implement this
Decision.
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FOR THE SCIENCE AND TECHNOLOGY
MINISTER
VICE MINISTER
Bui Manh Hai
REGULATION
ON PROCEDURES FOR NOTIFICATION AND
ENQUIRY HANDLING BY VIETNAM’S NETWORK OF NOTIFICATION AUTHORITIES AND ENQUIRY
POINTS ON TECHNICAL BARRIERS TO TRADE
(Promulgated
together with the Science and Technology Minister’s Decision No.
09/2006/QD-BKHCN of May 4, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.- This document provides for the procedure for notification
of Vietnam’s legal documents on technique, technical regulations and conformity
assessment procedures which may have an effect on trade of WTO member countries
and other notification requirements laid down by this organization; and the
procedure for handling of enquiries into legal documents on techniques,
technical regulations, standards and conformity assessment procedures of
Vietnam and WTO member countries.
This Regulation applies to organizations within Vietnam’s Network of Notification Authorities and Enquiry Points on Technical Barriers to
Trade established under the Prime Minister’s Decision No. 114/2005/QD-TTg of
May 26, 2005, and other relevant organizations mentioned in this Decision.
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In addition, in this Decision the terms below are construed
as follows:
1. Legal document on technique means a legal document on
standards, metrology and quality promulgated by competent state agencies.
2. Technical regulation means a regulation on
characteristics and technical and managerial requirements which products,
goods, services, processes, environment and other objects involved in
socio-economic activities must comply with in order to ensure human safety,
hygiene and health; protect animals, plants and the environment; protect
national interests and security, consumers’ benefits, and fulfill other
essential requirements. Technical regulations are promulgated by competent
state management agencies in the written form for mandatory application.
3. Standard means technical characteristics and requirements
which products, goods, services, processes, environment and other objects
should fulfill to raise productivity, quality and efficiency of socio-economic
activities. A standard shall be promulgated by an organization in the written
form for voluntary application.
4. Conformity assessment procedure means a procedure for
assessing whether requirements laid down in a legal document on technique or
technical regulation are fulfilled.
5. Acronyms of the names of the regional and international
agencies and organizations and other expressions in English used to in this
Decision include:
a/ APEC: Asia-Pacific Economic Cooperation;
b/ CCCN: Customs Cooperation Council Nomenclature;
c/ CRN: Central Registry of Notifications;
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e/ ICS: International Classification for Standards for
Numbering System;
f/ IEC: International Electrotechnical Commission;
g/ ISO: International Organization for Standardization;
h/ ISONET: ISONetwork;
i/ SPS: Sanitary and Phytosanitary;
j/ TBT: Technical Barriers to Trade;
k/ WTO: World Trade Organization.
6. The names of the agencies and organizations of the
Network of Notification Authorities and Enquiry Points on Technical Barriers to
Trade are abbreviated as follows:
a/ TBT Network means Vietnam’s Network of
Notification Authorities and Enquiry Points on Technical Barriers to Trade;
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c/ Ministerial TBT focal points mean ministerial
notification authorities and enquiry points on technical barriers to trade;
d/ Local TBT focal points mean provincial/municipal
notification authorities and enquiry points on technical barriers to trade.
The list and signs of ministerial and local TBT focal points
shall be specified in a specific document issued by the Science and Technology
Ministry.
Article 3.- This Regulation has been formulated on the basis of the
Regulation on organization and operation of the TBT network promulgated
together with the Prime Minister’s Decision No. 114/2005/QD-TTg of May 26,
2005, and with reference to relevant guidelines of the TBT Committee of the WTO
and the APEC.
Article 4.-
1. Regarding the function of notification of Vietnam’s legal documents on technique, technical regulations and conformity assessment
procedures which may have an effect on trade of the WTO member countries, the
Vietnam TBT Office shall act as the sole agency dealing with external affairs
in notification work under the TBT Agreement. Ministerial and local TBT focal
points shall perform this function through the Vietnam TBT Office.
2. Regarding the function of answering enquiries into
technical barriers to trade of the WTO member countries and Vietnam
This function shall be performed on the principle that
organizations in the TBT network which first receive enquiries shall be
responsible for giving answers thereto.
Where answers are beyond their capability, the said
organizations shall forward such enquiries to appropriate organizations for
consideration and answering. Answers of those appropriate organizations may be
directly forwarded to the enquirers or communicated to the organizations which
first received the enquiries for forwarding to the enquirers.
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3. In order to ensure the timing and professional accuracy
and fulfill the requirements for supply of relevant information, the Vietnam
TBT Office and ministerial and local TBT focal points shall strictly comply
with the provisions of Clauses 2 and 4, Article 10 of the Regulation on
organization and operation of the TBT network promulgated together with the
Prime Minister’s Decision No. 114/2005/QD-TTg of May 26, 2005.
4. In order to ensure the effective coordination with the
Vietnam SPS Office, the Vietnam TBT Office shall, in the course of performing
the function of TBT notification and enquiry handling, have to notify to and
coordinate with ministerial and local TBT focal points in the TBT network in
handling issues related to SPS measures.
Chapter II
PROCEDURES FOR TBT NOTIFICATION AND ENQUIRY
Article 5.- The procedure for notification of legal documents on
technique, technical regulations and conformity assessment procedures is
specified in Appendix I.
This procedure applies to the notification of Vietnam’s draft legal documents on technique, draft technical regulations and conformity
assessment procedures (both central and local) which may have an effect on
trade of other WTO member countries.
In the course of implementing this procedure, the Vietnam
TBT Office and ministerial and local TBT focal points must determine whether
measures set forth in legal documents on technique, technical regulations and
conformity assessment procedures come under the TBT Agreement or SPS Agreement,
and at the same time ascertain whether such measures may have a significant
effect on trade of the WTO member countries before preparing and sending
notifications to the WTO.
Article 6.- The procedure for notification of bilateral or multilateral
agreements on issues related to legal documents on technique, technical
regulations, standards and conformity assessment procedures is specified in
Appendix II.
This procedure applies to the notification of bilateral or
multilateral agreements on legal documents on technique, technical regulations,
standards and conformity assessment procedures which the Vietnamese Government
or the agency authorized by the Vietnamese Government has signed or acceded to.
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This procedure applies to the acceptance of or withdrawal
from the Code of Good Practice for the Preparation, Adoption and Application of
Standards in Appendix 3 to the TBT Agreement by Vietnam’s standardizing
organizations.
Vietnam’s standardizing organization may be the national standardizing
organization or a specialized standard organization. The said acceptance or
withdrawal is voluntary.
Article 8.- The procedure for processing notifications of other WTO
members is specified in Appendix IV.
This procedure applies to the receipt of and making of
comments in response to other WTO member countries’ notifications on their
draft legal documents on technique, draft technical regulations and conformity
assessment procedures.
The Vietnam TBT Office shall have to receive and forward
notifications of other WTO member countries to ministerial and local TBT focal
points or relevant agencies for awareness, study and comments when necessary.
Article 9.- The procedure for handling enquiries about information
relating to legal documents on technique, technical regulations, standards and
conformity assessment procedures is specified in Appendix V.
This procedure applies to the answering of enquiries about
relevant information and measures set forth in legal documents on technique,
technical regulations, standards and conformity assessment procedures sent by
agencies, organizations and individuals at home or abroad to the Vietnam TBT
Office and ministerial and local TBT focal points.
Chapter III
IMPLEMENTATION PROVISIONS
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Article 11.- Any amendment and supplement to this Regulation shall be proposed
by the general director of the General Department of Standardization, Metrology
and Quality Control to the Science and Technology Minister for decision.
FOR THE SCIENCE AND TECHNOLOGY
MINISTER
VICE MINISTER
Bui Manh Hai
ATTACH FILE
