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

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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,...).

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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).

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- 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.

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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.

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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.

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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:

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- 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.

2.3.5. Adjustment and supplementation of plans

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- The Ministry of Science and Technology decides on the adjustment of schedules, funds, the withdrawal from or addition to annual plans on formulation of national standards.

- The adjustment and supplementation of plans on formulation of national standards shall be carried out in the following order:

+ Ministries, branches and organizations send their written requests for adjustment or supplementation of annual plans on formulation of national standards to the Directorate for Standards and Quality for consideration and sum-up.

Requests for adjustment, supplementation of annual plans on formulation of national standards must be made before October 1 every year.

+ The Directorate for Standards and Quality shall consider the adjustment and supplementation requests; make sum-up report to the Ministry of Science and Technology for decision; notify the plan adjustments and supplements to relevant ministries, branches and publicize them on the web sites of the Ministry of Science and Technology, the Directorate for Standards and Quality.

- For special circumstances due to urgent requirements of the state management or production and business requirements of enterprises, the order and procedures for adjustment, supplementation of plans on formulation of national standards shall comply with the decision of the Minister of Science and Technology.

3. Order and procedures for formulation, appraisal and promulgation of national standards

3.1. The order and procedures for formulation, appraisal and promulgation of national standards, with regard to draft national standards formulated by ministries and branches (excluding the Ministry of Science and Technology).

Ministries and branches designate their attached scientific and technological bodies or organizations or set up the specialized standards technical boards (below referred to as the drafting organizations) to draft national standards according to the following steps:

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- The drafting boards compile the draft national standards and write explanations therefor.

Step 2: Gathering comments and finalizing the drafts

- Ministries or branches send draft national standards to relevant agencies, organizations and individuals for comment and announce the comment gathering on the websites of their own and of the Directorate for Standards and Quality. The time for gathering comments on a draft is within sixty days from the date the draft is sent;

- Ministries or branches organize seminars with the participation of relevant parties for discussing and commenting on the drafts;

- The drafting boards synthesize and process comments to finalize the draft national standards and compile national standards dossiers under the provisions of Clause 1, Article 5 of 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 (below referred to as Decree No. 127/2007/ND-CP for short) and send them to the ministries and branches defined at Point 3.1 of this Clause for verification;

- Ministries and branches organize the verification of draft national standards and transfer the dossiers thereon to the Ministry of Science and Technology for appraisal.

Step 3: Appraisal of dossiers on draft national standards

- The Directorate for Standards and Quality examines the dossiers on draft national standards proposed for verification by ministries and branches. If the draft national standard dossiers proposed for verification fail to meet the requirements defined in Clause 1, Article 5 of Decree No. 127/2007/ND-CP, the Directorate for Standards and Quality requests concerned ministries or branches to complete the dossiers.

- The Directorate for Standards and Quality sets up the Appraisal Council for examination of draft national standards according to the contents defined in Article 18 of the Law on Standards and Technical Regulations.

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- The Appraisal Council makes recoreds on verification of draft national standards with specific conclusions and proposals and send them to the Directorate for Standards and Quality.

Step 4: Promulgation of national standards

- The Directorate for Standards and Quality examines the verification results and compiles dossiers on draft national standards for submission and approval.

+ If the draft national standard meet the requirements according to the verificatiion contents, the Directorate for Standards and Quality submits them to the Minister of Science and Technology for consideration and promulgation.

+ If the draft national standards fail to meet the requirements according to the verification crontents, the Directorate for Standards and Quality transfers the draft national standard dossiers relevant ministries or branches for handling and finalizing the draft national standards.

- The Ministry of Science and Technology reports them to the Prime Minister for consideration and decision if ministries or branches disagree with the verification opinions.

3.2. The order and procedures for formulation, appraisal and promulgation of national standards, with regard to draft national standards proposed by organizations or individuals.

On the basis of the proposed drafts of organizations or individuals, the Directorate for Standards and Quality organizes the formulation of draft national standards with the participation of corresponding ministries or branches in such relevant activities as joining the national standards technical boards, contributing opinions on draft national standards, joining the National Standards Appraisal Council.

The order and procedures for formulation, appraisal and promulgation of national standards will be as follows:

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The national standards technical boards perform the following tasks:

- Setting up the working groups for compilation of draft national standards on the basis of the proposed drafts of organizations or individuals;

- Organizing the comment gathering and discussion within the national standards technical boards on the draft national standards;

- Finalizing and writing explanations on the draft national standards;

- Compiling draft national standard dossiers to be submitted to the Directorate for Standards and Quality for examination

Step 2 Gathering comments on and finalizing the draft national standards

The Derectorate for Standards and Quality perforrns the following tasks:

- Examining the draft national standard dossiers submitted by national standards technical boards for decision on the sending of draft national standards for comment;

- Sending the draft national standards to relevant agencies, organizations and individuals for comments, announcing the comment gathering on the website of the Directorate for Standards and Quality. The time for gathering comments on draft national standards is within sixty days from the date of sending the drafts;

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- Processing and finalizing the draft national standards and compiling the draft national standard dossiers according to Clause 2, Article 5 of Decree No. 127/2007/ND-CP.

Step 3: Appraisal of draft national standards

- The Directorate for Standards and Quality organizes the verification of draft national standard dossiers, sets up the Appraisal Council to appraise the draft national standards according to the contents defined in Article 18 of the Law on Standards and Technical Regulations.

The Appraisal Council is composed of representatives of relevant agencies, organizations and experts. It works on the principle of collectivism and votes by majority with at least two-thirds (2/3) of its present Ihembers.

- The Appraisal 'Council makes records on appraisal of draft national standards with specific conclusions and proposals and sends them to the Directorate for Standards and Quality.

Step 4: Promulgation of national standards

The Directorate for Standards and Quality compiles the draft national standard dossiers for submission and approval

- If the draft national standards meet the requirements according to the verification contents, the Directorate for Standards and Quality submits them to the Minister of Science and Technology for consideration and promulgation.

- If the draft national standards fail to meet the requirements according to the verification contents, the Directorate for Standards and Quality processes and finalizes the draft national standards before submitting them to the Minister of Science and Technology for consideration and promulgation.

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The Directorate for Standards and Quality organizes corresponding technical briefings on national standards for drafting the national standards.

The order and procedures for formulation, appraisal and promulgation of national standards will be as follows:

Step 1: Drafting the national standards

The national standard technical boards perform the following tasks:

- Setting up working groups to draft the national standards;

- Organizing the gathering of comments and discussions within the national standard technical boards on the draft national standards;

- Finalizing and writing explanations for the draft national standards;

- Compiling the draft national standard dossiers to be submitted to the Directorate for Standards and Quality for consideration.

Steps 2, 3 and 4 will be the same as Steps 2, 3 and 4 of Point 3.2, Clause 3 of this Section.

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4.1. The presentation and display of national standard contents comply with TCVN 1-2 and relevant professional guidance of the Directorate for Standards and Quality.

4.2. The draft national standard dossiers are archived at the Directorate for Standards and Quality according to current regulations on documentation.

5. Periodical review, amendment, supplemen­tation, replacement and cancellation of national standards

5.1. Periodical review of national standards

5.1.1. Annually, the Directorate for Standards and Quality makes a list of three-year-old national standards subject to periodical review for inclusion into the annual plan on formulation of national standards.

5.1.2. The Directorate for Standards and Quality assumes prime responsibility for, and coordinates with ministries and branches in, conducting the periodical review of national standards according to the list already made.

5.1.3. The order and procedures for periodical review of national standards are stipulated as follows:

- The Directorate for Standards and Quality performs the following tasks:

+ Sending the list of to-be-reviewed national standards to relevant ministries and braches for review.

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The review shall comply with the professional guidance of the Directorate for Standards and Quality.

- The periodical review results accompanied with explanations will be sent to the Directorate for Standards and Quality for sum-up and handling concretely as follows:

+ Checking and valuation of results of reviews by ministries and branches and synthesizing them into the general results to be sent to relevant ministries, branches, organizations and indiividuals for comment;

 + Synthesizing and processing comments, compiling dossiers on national standard review for use as grounds for elaboration of annual plans on formulation of national standards and reporting to the Ministry of Science and Technolog.

5.1.4. A dossier on periodical review of national standards comprises:

- The report of the Directorate for Standards and Quality on review results and proposals;

- The written acceptance of comments and the written comments of relevant agencies, organizations and individuals;

- Other relevant documents (if any).

5.2. Amendment, supplementation, replacement of national standards

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5.2.2. The amendment, supplementation and replacement of national standards comply with the corresponding orders and procedures specified at Points 3.~.2 and 3.3, Clause 3 ofthis Section.

5.2.3. The results of amendment, supplementation and replacement of national standards are the decisions on promulgation of amended and supplemented national standards or promulgation of replacing national standards.

5.3. Cancellation of national standards

5.3.1. The cancellation of national standards on the basis of results of periodical review of national standards under the provisions of Point 5.1, Clause 5 of this Section is carried out as follows:

- The Directorate for Standards and Quality bases itself on the approved periodical review results to compile dossiers of request for cancellation of national standard and submit them to the Ministry of Science and Technology for consideration and decision on the cancellation announcement. A dossier of request for cancallation of national standards comprises:

- The written national standards proposed for cancellation;

- The sum-up comments of relevant ministries, branches, organizations and individuals on the cancellation of national standards in the review process;

- Other relevant documents (if any);

- The official letter of the Directorate for Standards

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5.3.2. The cancellation of national standards on the basis of the proposals of ministries, branches organizations and individuals is carried out as follows:

- Ministries, branches, organizations and individuals compile and send dossiers of request for cancellation of national standards to the Directorate for Standards and Quality for consideration and appraisal. A dossier of request for cancellation of national standards comprises:

+ The written national standards proposed for cancellation;

+ The official written request of the concerned ministry, branch, organization or individual;

+ The written explanation (reasons therefor, legal grounds, scientific grounds);

+ Opinions of relevant agencies, organizations and individuals;

+ Other relevant documents (if any).

- The Directorate for Standards and Quality organizes the appraisal of dossiers of request for cancellation of national standards and submit to the Ministry of Science and Technology the appraisal results for consideration and decision.

5.3.3. The Directorate for Standards and Quality announces on its website the national standards promulgated for cancellation and publish them on its journal within thirty days from the date the Ministry of Science and Technology promulgates the cancellation of national standards.

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6. National standard symbols

6.1. The symbol of a national standard comprises its code and the year of its promulgation, standing after the abbreviation TCVN and separated by a colon (:).

Example: TCVN 4980:2006 is the symbol of the national standard coded 4980 and promulgated in 2006.

6.2. When a national standard is completely equivalent to an international standard, the standard symbol comprises the national standard symbol and the international standard symbol in parentheses, which are separated by a space of a character.

Example: TCVN 111:2006 (ISO 15:1998)

The national standard is presented on the front page as follows:

- Part 1 of the national standard lies upper, comprising the national standard symbol as provided for at Point 5.1 of this Clause.

- Part 2 of the national standard lies below, comprising the full symbol of the international standard fully accepted to be a national standard.

Example: Symbol TCVN 111 :2006 ISO 15:1998

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In special cases in which national standards are formulated on the basis of full acceptance of international standards of the International Standardization Organization (ISO) on management systems (ISO 9000, ISO 14000, ISO 18000 and the standards on other management systems), the national standard symbol comprises the TCVN symbol which stands one character before the ISO symbol, which is followed by the symbol of the accepted ISO standard and the year of promulgation of the national standard, separated by a colon (:).

Example: TCVN ISO 14001: 2006 is the symbol of the national standard which was formulated on the basis of full acceptance of the ISO 14001 international standard on environmental management systems and promulgated in 2006.

6.3. The symbol of a replacing national standard comprises the code of the replaced national standard the year of promulgation of the replacing national standard, which is separated by a colon (:) and placed after the TCVN symbol.

Example: The TCVN promulgated in 2006 to replace TCVN 289: 2000 is symbolized as TCVN 289:2006.

When a national standard replaces many national standards or part of another national standard, the replacing national standard can bear a new code.

6.4. The symbol of the amended national standard comprises word "SUA DOl" (amendment) followed by the ordinal numbers of the and the year of promulgation, which are separarated by colons (:) and stand before the amended national standard.

Example: SUA DOl 1:2006 TCVN 789::2005 is the symbol of the first amendment of TCVN 789:2005, promulgated in 2006.

6.5. The symbols and full names of national standards must be stated in decisions on promulgation of the national standards.

7. Notification on, publication and disrbution as well as dissemination of, national standar.

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The Directorate for Standards and Quality notifies the promulgation, amendment, supplejintation, replacement or cancellation of national standards on its journal and website and on other appropriate information media within thirty days as from the date the Minister of Science and Technology signs the promulgation decisions.

7.2. Publication and distribution of national standards.

7.2.1. National standards are published and distributed in form of publication and possibly in form of electronic format.

7.2.2. The amendments and supplements to national standards are published in form of loose sheet until those standards are republished.

7.2.3. The Directorate for Standards and Quality publishes and distributes national standards within sixty days as from the date the Minister of Science and Technology signs promulgation decisions.

7.2.4. Ministries and branches may publish and distribute the national standards they have drafted after reaching agreement with the Directorate for Standards and Quality.

Other organizations that wish to publish and distribut national standards must get the consent of the Direatmate for Standards and Quality.

7.3. Dissemination of national standards

7.3.1. The Ministry of Science and Technology (the Directorate for Standards and Quality) assumes the prime responsibility for, and coordiantes with ministries and branches in, drawing up plans for dissemidmon of promulgated national standards.

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7.3.3. The dissemination of national standards is carried out in forms of conference, seminar, training, fostering and other forms.

III. GUIDANCE ON APPLICATION OF, NATIONAL STANDARDS, INTERNATIONAL STANDARDS, REGIONAL STANDARDS AND FOREIGN STANDARDS IN VIETNAM

1. Modes and measures of applying national standards

1.1. Modes of applying national standards

1.1.1 Direct application

National standards are applied directly without going through other intermediary documents.

1.1.2. Indirect application

National standards are applied via other intermediary documents (normative documents, technical regulations, ... ) with quotations from those national standards.

1.2. Measures of applying national standards

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1.2.2. Prioritizing the proper use of national standards in the formulation of normative documents, technical regulations as well as in production, business, service and other socio-economic activities.

1.2.3. Stepping up activities of testing, adjustment, expertise, standard conformity certification, standard conformity announcement and recognition according to current national standards.

2. Principles, modes and measures for application of international standards, regional standards and foreign standards

2.1. Application principles

2.1.1. International standards, regional standards and foreign standards are applied voluntarily to agencies, organizations and individuals.

2.1.2. The application of international standards, regional standards and foreign standards must neither be contrary to provisions of law nor cause harms to security, defense, socio-economic interests and other interests of the country.

2.1.3. The application of the latest international standards, regional standards and foreign standards is encouraged.

2.1.4. The application of relevant international standards, regional standards, foreign standards provided in international treaties to which Vietnam is a contracting party or in bilateral or multilateral agreements between Vietnamese organizations and foreign organizations must comply with provisions of law.

2.2. Application modes

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International standards, regional standards and foreign standards are applied directly in the process of production, business, service provision, trading transaction and other socio-economic activities.

2.2.2. Indirect application

Agencies, organizations and individuals may apply international standards, regional standards or foreign standards indirectly through the implementation of regulations in technical documents, management documents (normative documents, technical regulations ... ) with full or partial quotation of the contents of the international standards, regional standards or foreign standards.

2.3. Application measures

2.3.1. Enhancing the acceptance of advanced international standards, regional standards or foreign standards to be national standards or institution standards.

2.3.2. Using international standards, regional standards and foreign standards as grounds for organizing and conducting the evaluation of conformity through such activities as recognition, certification, expertise, testing, adjustment.

2.3.3. Organizing the study of international standards, regional standards or foreign standards for application to Vietnamese conditions; actively participating in activities of the technical boards for relevant international or regional standards.

2.3.4. Drawing up specific plans and roadmaps for technological investment, management, meeting the requirements of the to-be-applied international standards, regional standards or foreign standards.

2.3.5. Organizing the dissemination and guidance on the application of international standards, regional standards or foreign standards.

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1. Institution-standard formulation requirements and grounds

1.1. Requirements on institution standards

1.1.1. Institution standards must not be contrary to current technical regulations and provisions of law.

1.1.2. Institution standards should be formulated to suit the scientific and technological advance and satisfy the management, production and business requirements of institutions.

1.2. Grounds for formulation of institution standards

Institution standards are formulated on the basis of results of scientific and technological research, technical advance, experience, practical demands and capability of institutions. The use of corresponding national standards, international standards regional standards or foreign standards is encouraged for the formulation or acceptance thereof into institution standards.

2. Types of, and modes of formulating, institution standards

2.1 Types of institution standards

Institution standards may cover the following types:

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- Testing, measuring and adjusting methods standards;

- Labeling, packing, transport and preservation standards;

- Process standards;

- Service standards;

- Institution standards.

Depending on their types, operation scales, purposes and internal management requirements institutions may apply the above classification methods or add new types of standard for the classification of standards suitable to their establishments.

2.2. Institution standard-formulating modes

Institution standards may be formulated by the following basic modes:

- Accepting corresponding national standards, international standards, regional standards or foreign standards be institution standards;

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- Amending, supplementing the existing institution standards.

3. Order and procedures for formulation and promulgation of institution standards

3.1. Depeding on the production and business scales and forms of institutions, the order and procedures for formulation and promulgation of institution standards may cover the following steps:

Step 1: Drawing up plans for formulation of institution standards;

Step 2: Drawing the institution standards;

Step 3: Organizing the gathering of comments on draft institution standards;

Step 4; Organizing seminars on draft institution standardt;

Step5: Processing comments and finalizing the draft institution standards;

Step 6: Compiling dossiers on the draft institution standards;

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Step 8: Promulgating the institution standards;

Step 9: Printing the institution standards.

3.2. Promulgation of institution standards

Institution heads consider and decide in writing on the promulgation of institution standards. The dossiers on draft institution standards are archived at institutions.

3.3. Demonstration of contents and presentation of institution standards

3.3.1. Symbols of institution standards are demonstrated as follows:

- The code and year of promulgation of an institution standard is separated by a colon (:) and placed after the TCCS symbol;

- The abbreviated name of the institution promulgating the institution standard is placed after the year of promulgation of the institution standard and separted by a slash.

Example: TCCS 27: 2006/XXX is the symbol of the institution standard numbered 27, formulated and promulgated in 2006 by a company bearing the transaction name of XXX.

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- Table of contents;

- Opening information;

- Fundamental part (outline, technical section);

- Additional information.

The framework, forms of presenting and displaying the contents of institution standards may refer to TCVN 1-2 on presentation and display of contents of national standards.

3.3.3. Institution standards should be presented in a brief, clear, accurate, readable, error-free manner, not causing confusion and misintepretation.

3.3.4. Institution standards can be bound loosely or into standard collections according to standard subjects or objects.

Pages of institution standards should be numbered and can be printed in form of loose sheet for convenient supplementation, cancellation or replacement of contents. Institution standards may have cover sheet or not.

3.4. Based on this general guidance, institutions draw up processes and specific guidance on the formulation of institution standards suitable to their respective conditions and scales.

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1. Ministries, branches, agencies, organizations and individuals organize the formulation of draft national standards and institution standards and perform other tasks under the guidance of this Circular and relevant legal documents.

When the objects of standards in the specialized management domains of ministries, branches require particular management or must ensure the compatibility with international practice, the Ministry of Science and Technology assumes the prime responsibility for, and coordinates with relevant ministries and branches in, providing specific guidance on the order and procedures for formulation, promulgation, presentation and display of contents of national standards on the basis of the provisions of this Circular.

When the objects of standards in the specialized management domains of ministries, branches require particular management or must ensure the compatibility with international practice, the Ministry of Science and Technology assumes the prime responsibility for, and coordinates with relevant ministries and branches in, providing specific guidance on the order and procedures for formulation, promulgation, presentation and display of contents of national standards on the basis of the provisions of this Circular.

2. This Circular takes effect 15 days after its publication in "CONG BAO”.

3. If problems arise in the course of implementation of this Circular, agencies, organizations and individuals shall promptly report them to the Ministry of Science and Technology for amendment and supplementation.

FOR THE MINISTER OF SCIENCE AND TECHNOLOGY VICE MINISTER




Tran Quoc Thang

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FORM FOR PROPOSAL OF PROJECT ON FORMULATION OF NATIONAL STANDARDS
(Issued together with Circular No.21/2007/TT-BKHCN dated September 28, 2007 of the Ministry of Science and Technology)

Vietnam’s Standard (TCVN) Formulation Project

1. Name of standard

2. Scope

3. Proposer

Name of proposer: .............................................................................................................

Address: ……………………………………………………………………………………………

Phone number: ………………..........Fax: …………………….. Email: ………………………

Name of supervisory body: (if any)………………………………………………………………

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5. Reason and purpose of standard formulation

- Satisfied criteria:

+ Communication

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+ Economy  

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+ Environmental health safety

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+ Decreases in categories

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+ Interchangeability

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+ Other purposes (Specify below)

□

+ Functions and quality

□

- Is the standard used for certification? □ yes □ no

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+ Is the standard related to the State’s requirement for socio-economic development?

□ yes □ no

+ In which program?

+ Standard harmony requirement (international and regional): □ yes □ no  

6. Matters relating to standard formulation

- Matters relating to national standard formulation (or amendment):

+ Terms and definition

□

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+ Categories

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+ Hygiene safety requirement

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+ Symbol

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+ Basic parameters and size

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+ Sampling

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 + Technical requirement

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 + Progress standard

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+ Packaging, labeling, transporting and maintaining

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+ Service standard

□

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(Specify below):

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- Intended structure and contents of main parts of the standard:

- National standard testing requirement in reality: □ yes □ no

(Specify the testing content, testing scale, place and time, if any)

7. Formulation method and material as basis for standard formulation

- Formulation method:

+ New standard

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+ Adoption of international standard

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 + Replacement

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- Main material as the basis for formulation of the standard (a copy attached)

8. Proposal of establishment of technical committee (or technical sub-committee)

9. Cooperating agencies

- Drafting entity

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- Organizations or individuals for consultancy:

10. Expected formulation progress

No.

Job description

Time

From

To

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Drafting the standard

2

Collecting opinions

3

Organizing a thematic conference

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4

Completing the draft standard and preparing a draft standard dossier

5

Examining the dossier

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Sending the dossier for appraisal

7

Appraising the draft standard

8

Preparing an application approval for the standard

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9

Approving and publishing

11. Funding estimate

a. Total expected funding: Including:

- Funding from state budget: ..........................................................................

- Funding from contributors: ……………………………………………………….

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- Funding from other sources: …………………………………………………….

b. Detailed funding estimate (under the guidance of the Directorate for Standards; Metrology and Quality)

 (Location and date)
Proposer
Sign and seal (if any)