| THE MINISTRY OF SCIENCE AND TECHNOLOGY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 21/2007/TT-BKHCN | Hanoi, September 28, 2007 |
CIRCULAR
GUIDING THE FORMULATION AND APPLICATION OF STANDARDS
Pursuant to the June 29, 2006 Law on Standards and Tecliniaal Regulations;
Pursuant to the Government's Decree No. 54/ 2003/ND-CP of May 19, 2003, defining the functions, tasks, powers and organzzatzonal structure of the Ministri.it Science and Technology, and Decree No. 28/2004/ND-CP of January 16, 2004, amending and suppiinenting a number of articles of Decree No. 54/2003/ND-CP;
Pursuaiit to the Government's Decree No. 127/ 2007/ND-CP of August 1, 2007, detailing the implemefjtion of a number of articles of the Law on Standard and Technical Regulations;
The Ministry of Science and Technology guides the formulation and application of standards as follows:
I. GENERAL PROVISIONS
1. Governing scope
This Circular guides the elaboration of planning and plans on formulation, appraisal and promulgation of national standards; the application of national standards, international standards, regional standards and foreign standards; and the formulation and promulgation of institution standards.
2. Subjects of application
This Circular applies to ministries, ministeriallevel agencies and government-attached agencies (below referred to as ministries and branches for short), organizations and individuals involved in the process of elaborating the planning and plans on formulation, appraisal and promulgation of national standards; applying national standards, international standards, regional standards and foreign standards in Vietnam; formulating and promulgating institution standards.
3. Interpretation of terms
3.1. National standards mean the standards formulated by ministers, heads of ministerial-level agencies or heads of government -attached agencies and appraised and promulgated by the Ministry of Science and Technology according to prescribed order and procedures.
3.2. National standard domain means a group of inter-related national standard objects (for example: the traffic domain, the agricultural domain, the chemicals domain, the foodstuff domain, the garment domain, the metallurgical domain, etc.). National standard domains are determined according to the international standards classification framework of the International Standardization Organization (ISO).
3.3. Acceptance of international standards, regional standards or foreign standards to be national standards means the promulgation of a national standard with contents completely equivalent or modificationally equivalent to corresponding international standards, regional standards or foreign standards.
3.4. International standards mean the standards promulgated by an international standard organization or an international organization operating in the standards domain.
3.5. Regional standards mean the standards promulgated by regional standards organizations or regional organizations operating in the standards domain..
3.6. Foreign standards mean the standards promulgated by foreign national standards organizations or foreign organizations operating in the standards domain (professional associations, research institutes, etc,...).
3.7. Institution standards mean the standards promulgated by economic organizations, socioprofessional organizations, state agencies, nonbusiness units or other agencies or organizations for application to activities of those organizations.
3.8. Application of standards means the use of standards in activities of management, production and trading of products, goods, services, processes, environment and other socio-economic activities.
II. GUIDANCE ON FORMULATION OF NATIONAL STANDARDS
1. Elaboration and approval of general planning on formulation of national standards
1.1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with relevant ministries, branches and organizations in, organizing the drafting of general planning on formulation of national standards (below referred to as the general planning for short).
The general planning must be systematic, synchronous and compatible with the national strategies on socio-economic development; development strategies and plannings of econotechnical branches and other domains.
The contents of the general planning covers the specialized branches, domains and objects requiring national standards; the total number of national standards for each specialized branch, domain or object; the implementation schedule; resources needed for the formulation of national standards in each period; and implementation measures.
1.2. The elaboration and approval of the general planning is carried out specifically as follows:
1.2.1. Ministries and branches shall themselves on the specialized development strategies and plannings to organize the elaboration of tentative planning on formulation of national standards in the specialized branches assigned to them for management (below referred to as tentative specialized plannings) at the proposal of the Ministry of Science and Technology and send them to the Directorate for Standards and Quality.
A tentative specialized planning covers the contents specified in Section 1 of Appendix I to this Circular (not printed herein).
1.2.2. The Directorate for Standardnmd Quality shall perform the following tasks:
- Drafting the general planning, based on the tentative specialized plannings of ministries and branches and proposed plannings of organization and individuals. The draft general planning covers the contents specified in Section 2 of Appendix I to this Circular (not printed herein);
- Sending the draft general planning relevant ministries, branches, organizations and individuals for comment, announcing the gathering of comments on the websites of the Ministry of Science and Technology, the Directorate for Standars and Quality. The time for gathering comments on the draft is within thirty days from the date the draft is sent;
- Synthesizing and processing cornments on the draft general planning;
- Assuming the prime responsibility for, and coordinating with relevant ministries and branches in, finalizing the draft general planning and submitting it to the Ministry of Science and Technology.
1.2.3. The Ministry of Science and Technology shall organize the examination and approval of the general planning, notify it to ministries and branches and publicize it on the websites of the Ministry of Science and Technology, the Directorate for Standards and Quality within thirty days after the planning is approved.
1.3. The approved general planning may be adjusted and supplemented upon demand or alteration of the orientations, strategies on national socioeconomic development and the development plannings of econo-technical branches. The order and procedures for adjustment and supplementation of the general planning comply with the provisions of Point 1.2 of this Clause.
The Minister of Science and Technology shall decide on the adjustment and supplementation of the general plahning on formulation of national standards.
2. Biration and approval of five-year and annual p~s on formulation of national standards
2.1. The Directorate for Standards and Quality shall aSSume the prime responsibility for, and coordina~with relevant ministries and branches in, organizing the elaboration of five-year and annual plans on formulation of national standards.
Five year plans on formulation of national standard must be in line with the approved general planning; meet the production and business developlt demands as well as state management and inte ational integration requirements; and be compati le with the scientific and technological development level of the nation.
Annual plans on formulation of national standards must be in with the five-year plans. The annual plans cover the contents of formulation of new national standards, the modification, supplementation, replacement and cancellation of existing national standar.
2.2. Five-year plans on formulation of national standards
five-year plan on formulation of national standards covers the following contents: the specific domain and object requiring the formulation of national standards; types of standards, the number of national standards to be formulated; the implementation time; the funding source and projected fund; the proposing agency, organization 0f individual.
The elaboration, approval, adjustment and supplementation of five-year plans on formulation of national standards shall be carried out through the following steps:
2.2.1. Drafting a five-year plan
- In the second quarter of the last year of a fiveyear plan period, ministries and branches organize the elaboration of tentative plans on formulation of national standards in their respective specialized domains (below referred to as tentative plans on formulation of specialized national standards for short) for the next five years and send them together with the written explanation to the Directorate for Standards and Quality for consideration and synthesis.
Tentative five-year plans on formulation of specialized national standards and written explanations cover the contents specified in Section ·1 of Appendix II to this Circular (not printed herein).
- Based on the approved general planning, the Directorate for Standards and Quality drafts the fiveyear plan on formulation of national standards in line with the tentative plans on formulation of specialized national standards of ministries, branches or organizations.
A draft five-year plan on formulation of national standards and written explanations cover the contents specified in Section 2 of Appendix II to this Circular (not printed herein.
2.2.2. Gathering comments and finalizing draft five-year plans
The Directorate for Standards and Quality shall perform the following tasks:
- Sending draft five-year plans on formulation of national standards to relevant ministries, branches, organizations and individuals for comment, publicizing them on the websites of the Ministry of Science and Technology, the Directorate for Standards and Quality for public comment. The time for gathering comments on a draft is within thirty days from the date the draft is sent;
- Synthesizing and processing comments on the drafts;
- Assuming the prime responsibility for, and coordinating with relevant agencies and organizations in, finalizing the drafts and submiting them to the Ministry of Science and Technology.
2.2.3. Approval of five-year plans
- The Ministry of Science and Technology shall examine and approve the five-year plans on formulation of national standards, notify them to relevant ministries and branches and publicize them on the websites of the Ministry of Science and Technology, the Directorate for Standards and Quality within thirty days from the date the plans are approved.
2.2.4. Adjustment and supplementation of plans
- Five-year plans on formulation of national standards may be adjusted, supplemented at the request of ministries, branches or organizations.
- The adjustment and supplementation of five-year plans shall follow the order defined in Items 2.2.1, 2.2.2 and 2.2.3 of this Point.
2.3. Annual plans on formulation of national standards
Annual plans on formulation of national standards cover the following contents: the names of the to-be-formulated national standards, arranged according to standard domain; the names of the drafting bodies; the implementation time; the drafting modes (acceptance of international standards; formulation of new standards; amendment, supplementation); projected fund and funding sources; agencies, organizations, individuals proposing the formulation of standards; the tentative plans for dissemination and guidance on the application of standards.
The elaboration of annual plans on formulation of national standards is carried out through the following steps:
2.3.1. Drafting the plans
- Annually in the second quarter, based on the five-year plans and demands for formulation, amendment, supplementation or replacement of national standards and results of periodical review of national standards, ministries, branches, organizations and individuals send their respective tentative plans on formulation of national standards for the following year together with the projects on formulation of national standards for each specific standard object or group of standard objects to the Directorate for Standards and Quality.
Tentative plans on formulation of national standards for the following year are elaborated according to a set form specified in section 1, Appendix III to this Circular (not printed herein).
Projects on formulation of national stanllards are formulated according to a set form specified in Appendix IV promulgated together with this Circular (not printed herein).
- The Directorate for Standards and Quality shall organize the examination of projects on fwulation of national standards with the partic,pation of representatives of relevant ministries, branches or organizations and draft a plan on form;IDation of national standards for the next year accoijing to the form set in Section 2 and explain the formulation of national standards according to the content defined in Section 3, Appendix III to this Circular (not printed herein).
2.3.2. Gathering of comments on, and.finalizing the draft annual plans.
The Directorate for Standards and Quality shall perform the following tasks:
- Sending the draft plans to relevant ministries, branches and organizations and publicizing them on the websites of the Ministry of Science and Technology, the Directorate for Standards and Quality for comment. The time for gathering comments on a draft plan is within thirty days from the date the draft plan is sent;
- Synthesizing and processing the comments on the draft;
- Assuming the prime responsibility for, and coordinating with relevant ministries, branches and organizations in, finalizing the drafts and submitting them to the Ministry of Science and Technology.
2.3.3. Approval of annual plans
The Minister of Science and Technology shall examine and approve the annual plans on formulation of national standards at the beginning of the fourth quarter of the year preceding the plan year. The Ministry of Science and Technology shall notify the approved plans to ministries or branches and publicize them on the websites of the Ministry of Scie;;; and Ministry, the Directorate for Standardid Quality within fifteen days after the plans are approved.
2.3.4. Implementation of annual plans
- Base on the approved annual plans on formulation of national standards, ministers, heads of ministerial-Ievel agencies and heads of govemmenl-attached agencies shall organize the implementation of such plans;
- Bianfii1aIly or extraordinarily at the request of the Minisi of Science and Technology, ministries and branches shall notify the former of the plan implementation situation and results;
- The Derectorate for Standards and Quality shall monitor allillurge the implementation of annual plans on formUlation of national standards; make sum-up report to the Ministry of Science and Technology on the plan implementation situation and results; provide professional guidance on standards formulation; participate in the formulation of draft national standards, organized by ministries or branches.
