| THE MINISTRY OF SCIENCE AND TECHNOLOGY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 23/2007/TT-BKHCN | Hanoi, September 28, 2007 |
CIRCULAR
GUIDING THE ELABORATION, APPRAISAL AND PROMULGATION OF TECHNICAL REGUILATIONS
Pursuant to the June 29, 2006 Law on Standards and technical Regulation;
Pursuant to the Government's Decree No. 54/2003/ND-CP of May 19,2003, defining the function, tasks, powers and organizational structure of the Ministry of Science and Technology and Decree No. 2812004/ND-CP of January 16,2004 amending and supplementing a number of articles of Decree No. 54I2oo3/ND-CP;
Pursuant to the Government's Decree No. 127/2007/ND-CP of August 1, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations;
The Ministry of Science and Technology guides the elaboration, appraisal and promulgation of technical regulations as follows:
I. GENERAL PROVISIONS
1. Scope of regulation
This Circular guides in detail the elaboration of planning and plans on, elaboration, appraisal, promulgation, review, amendment, supplementation, replacement, annulment, presentation and display, notification, dissemination, registration, publication and distribution of technical regulations.
2. Subjects of application
This Circularr applies to ministries, ministerial level agencies, government-attached agencies, provincial/municipal People's Committees, organizations and individuals involved in the elaboration, appraisal and promulgation of technical regulations.
3. Interpretation of terms
In this Cicular, the terms below are construed as follows:
3.1. Naational technical regulations means technical regulation promulgated by ministers or heads of ministerial level agencies for compulsory application nationwide to objects falling within the branches or domains under their management as assigned by the Government.
3.2. Local technical regulations means technical regulations promulgated by presidents of provincial/municipal People’s Committees for compulsory applocaton within the scope of local administration to peculiar products, goods, services or processes and specific environmental requirements of their localities.
II. ELABORATION AND APPROVAL OF THE PLANNING ON ELABORATION OF NATIONAL TECHNICAL REGULATIONS
1. The elaboration and approval of the planning on elaboration of national technical regulations comply with the provisions of Article 29 of the Law on Standards and Technical Regulations.
2. Depending on the conditions and management requirements, ministries and ministerial-level agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and concerned agencies in, organizing the elaboration, approval, amendment and supplementation of the planning on elaboration of national technical regulations in the domains they are assigned to manage.
Government-attached agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, elaborating and proposing amendments or supplements to the planning on elaboration of national technical regulations in the domains they are assigned to manage and request the Ministry of Science and Technology to approve them.
3. Requirements for the planning on elaboration of national technical regulations
3.1. The planning must set forth overall objectives, implementation roadmap and measures and expected outcomes of each planning period and satisfy the state management requirements of ministries, ministeriallevel agencies and government-attached agencies.
3.2. Contents of the planning must be systematic and synchronous for domains and objects which need to be governed by national technical regulations. Objects in each domain subject to national technical regulations must be arranged in a priority order for each planning period.
3.3. The principal contents of the planning are specified in Appendix 1 to this Circular (not printed herein).
III. ELABORATION AND APPROVAL OF FIVE-YEAR AND ANNUAL PLANS ON ELABORATION OF TECHNICAL REGULATIONS
1. The elaboration and approval of five-year and annual plans on elaboration of technical regulations comply with the provisions of Article 29 of the Law on Standards and Technical Regulations.
2. Ministries and ministerial-level agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and concerned agencies and organizations in, organizing the elaboration and approval of five-year and annual plans on elaboration of national technical regulations.
Government -attached agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology, concerned agencies and organizations in, organizing the elaboration of draft five-year and annual plans on elaboration of national technical regulations and propose them to the Ministry of Science and Technology for approval.
Provincial/municipal People's Committees shall assume the prime responsibility for, and coordinate with concerned agencies and organizations in, elaborating and approving five-year and annual plans on elaboration of local technical regulations.
3. Requirements on plans on elaboration of technical regulations
3.1. Plans on elaboration of national technical regulations must:
- Be in line with the approved planning on development of national technical regulations (if any);
- Satisfy the state management requirements and be in line with five-year and annual plans on socioeconomic development and Vietnam's conditions for scientific and technological development.
3.2. Plans on elaboration of local technical regulations must:
- Satisfy the requirements of management of peculiar products, goods, services and processes and specific environmental requirements and conditions for scientific and technological development and management of localities.
4. Five-year plans on elaboration of technical regulations
4.1. The elaboration and approval of five-year plans on elaboration of national technical regulations by ministries and ministerial-level agencies are specified as follows:
4.1.1. Elaboration of draft five-year plans on elaboration of national technical regulations:
- In the second quarter of the year preceding the year of elaboration of five-year plans, ministries and ministerial-level agencies shall, based on state management requirements and the approved planning on elaboration of national technical regulations (if any), organize the elaboration of draft five year plans on elaboration of national technical regulations in domains they are assigned by the Goverment to manage, and their enclosed explanation.
Draft five-year plans on elaboration of national technical regulations and their explanations shall be made according to Sections 1 and 2, Apendix II to this Circular (not printed herein.
- Ministries and ministerial-level agencies shall assume the prime responsibility for working· out and approving plans on sending draft five-year plans on elaboration of national technical regulations to concerned agencies, organizations and individuals for comments, and notifying the gathering of comments on their websites or official journals or publications. The period for gathering comments on draft plans is at least sixty days after draft plans are sent for comments.
- Ministries and ministerial-level agencies shall assume the prime responsibility for working out and approving plans on summing up and processing of comments for finalization of draft five- year plans on elaboration of national technical regulation.
4.1.2. Approval of five-year plans on elaboration of national technical regulations
Ministries and ministerial-level agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, organizing the approval of five-year plans on elaboration of national technical regulations, notifying these plans to concerned agencies and organizations and publicizing them on their websites or official journals or publications within thirty days after the plans are approved.
4.1.3. Revision and supplementation of five-year plans on elaboration of national technical regulations
- Five-year plans on elaboration of national technical regulations are revised and supplemented under decisions of ministers or heads of ministeriallevel agencies at the request of concerned agencies, organizations and individuals.
- The revision and supplementation of five-year plans on elaboration of national technical regulations are made under the provisions of Clause 3, Article 29 of the Law on Standards and Technical Regulations.
4.2. the elaboration and approval of five-year plans on elaboration of national technical regulations of government -attached agencies are specified as follows:
4.2.1. Government-attached agencies shall organize the elaboration of draft five-year plans on elaboration of national technical regulations under the provisons of Item 4.1.1, Point 4.1, Clause 4 of this Section.
