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
Hanoi, May 04, 2006
 
 
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.
 
 
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.
Article 2.- Terms referred to in this Decision are those provided for in Guide 2 of the International Organization for Standardization (ISO) and in relevant Vietnam standards.
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.
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