Tiếng Việt| THE MINISTRY OF SCIENCE AND TECHNOLOGY | SOCIALIST REPUBLIC OF VIET NAM |
| No. 05/2007/QD-BKHCN | Hanoi, March 30, 2007 |
THE MINISTER OF SCIENCE AND TECHNOLOGY
Pursuant to the Government’s Decree No. 54/2003/ND-CP dated May 19, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/ND-CP dated 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.444/QD-TTg dated May 26, 2005, approving the Scheme on implementation of the Agreement on Technical Barriers to Trade;
After reaching agreement with ministries, branches and localities;
At the proposal of the general director of the General Department of Standardization, Metrology and Quality Control,
DECIDES:
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FOR THE MINISTER OF SCIENCE AND TECHNOLOGY
VICE MINISTER
Tran Quoc Thang
FOR REALIZATION OF THE SCHEME ON IMPLEMENTATION OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE IN THE 2006-2010 PERIOD
(Promulgated together with Decision No. 05/2007/QD-BKHCN dated March 30, 2007, of the Minister of Science and Technology)
In order to fulfill the obligations defined in the Agreement on Technical Barriers to Trade (The TBT Agreement) of the World Trade Organization (WTO) after Vietnam enters into this organization, the Prime Minister, in Decision No.444/QD-TTg dated May 26, 2005, approved the Scheme on implementation of the TBT Agreement (below referred to as the TBT Scheme for short).
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1. Perfection of technical regulations
a) Ministries, branches and localities shall review and modify the promulgated Vietnam standards, branch standards and technical regulations, processes and documents which are subject to compulsory application in service of state management in order to convert them into technical regulations in accordance with Vietnamese law and the TBT agreement’s principles.
b) To perfect legal provisions on the elaboration, promulgation and application of technical regulations.
c) Ministries, branches and localities shall pay attention to transparency in the elaboration and promulgation of technical regulations. Specifically:
- To publish all draft technical regulations in supplements to and on the website of' CONG BAO or in the register of technical regulations;
- To receive and process comments of all parties that are interested in the above drafts; the duration for giving comments is at least 60 days before the promulgation of technical regulations.
- To observe WTO regulations and the Law on Standards and Technical Regulations regarding the effective time of technical regulations.
2. Perfection of Vietnam standards
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b) By 2010, to raise the rate of harmonization of national standards (Vietnam standards) with international standards to 35-40%, especially in such priority domains as food quality, safety and hygiene administration, environmental protection; improvement of the quality of key and potential exports; and e-commerce.
c) To make preparations to ensure that from 2010, Vietnam standards will be reviewed at least every 5 years so as to meet the requirements of state management, production and business, and to suit the scientific and technological development levels of Vietnam and the world.
d) To step up socialization of standardization activities and encourage all organizations and individuals to participate in elaborating and applying standards.
e) To improve professionalism and computerize activities of technical boards for national standards with a view to step by step raising the quality and speed up the elaboration of national standards.
3. Planning and perfection of material and technical foundations for conformity assessment activities
a) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned agencies in, formulating and submitting to the Prime Minister for approval a scheme on enhancing conformity assessment activities. Once the Scheme approved by the Prime Minister, ministries, branches and localities should concentrate on performing the following tasks:
- To elaborate and implement plannings on the development of conformity assessment organizations (test, standardization, evaluation, inspection, certification, appraisal, recognition) to meet the requirements of state management and production and business activities, paying special attention to key economic regions;
- To enhance technical capacity and provide training for improving the quality of human resources to meet the requirements of conformity assessment activities.
b) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned agencies in, drawing up a plan to control and prevent the import of inferior-quality goods into Vietnam and submitting it to the Prime Minister for approval.
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4. Intensification of international cooperation on TBT-related matters
a) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, studying TBT's negative impacts on Vietnam's import and export activities, and propose remedies to those impacts.
b) Ministries, branches and localities shall continue seeking technical assistance from WTO member states and international organizations so as to fulfill the obligations defined in the TBT Agreement; study and exchange experience with WTO member states on the implementation of the TBT Agreement, especially experience related to transparency and the settlement of TBT-related trade disputes between member states; and propose appropriate solutions to fulfilling the obligations of Vietnam as a WTO member.
5. Activities of the TBT Inter-Sectoral Committee and the TBT network
a) Activities of the TBT Inter-Sectoral Committee
- To study WTO regulations and guidance on TBT and propose programs and plans for their implementation in Vietnam.
- To study and propose measures to ensure compatibility of Vietnam's standards, technical regulations and conformity assessment processes with WTO regulations and guidance on TBT.
- To study processes and procedures for the settlement of TBT-related trade disputes and take the initiative in proposing measures to settle those disputes.
- To study, propose and apply measures to enhance coordination among ministries and branches in the implementation of TBT-related programs and plans; to support relevant local agencies and organizations in the performance of TBT-related tasks.
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b) Activities of the TBT network
- To complete the establishment of ministerial-level and local TBT Notification Authorities and Enquiry Points (referred to as TBT Points for short) and put them to operation.
- On the basis of state budget allocations and foreign technical assistance, to ensure personnel and working conditions for the operation of ministerial- level and local TBT Points so as to meet the requirements specified in the Prime Minister's Decision No. 114/2005/QD-TTg dated May 26, 2005, establishing, and promulgating the organization and operation regulation of Vietnam’s Network of TBT Notification Authorities and Enquiry Points, Priority shall be given to the following:
+ Within the scope of ministries’, branches' and localities' management, to establish databases on technical regulations of Vietnam and WTO member states, with priority given to potential export markets;
+ To furnish office equipment and information technology equipment and ensure personnel, material and technical foundations and funds for the performance of the assigned tasks;
+ To administer databases and take the initiative in supplying information to agencies or enterprises at their request;
+ To provide professional knowledge about notification and enquiry to meet WTO regulations.
6. Communication and dissemination
a) Ministries, branches and localities shall, according to their competence, direct concerned units and organizations to perform the following tasks:
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- To disseminate and propagate about the TBT Agreement and relevant matters in the mass media and in other media to all entitles of the economy.
b) The TBT Network's agencies and organizations should take the initiative and coordinate with one another in building and properly exploiting the TBT-related information infrastructure in service of the Network’s activities as well as agencies' and enterprises' needs for TBT-related information. To provide information on the names, addresses and tasks of the TBT Network's agencies and organizations to interested agencies, organizations and individuals for contact when necessary.
7. Evaluation of the results of implementation of the Scheme and adoption of further measures
a) To organize reviews of three years' and five years' implementation of the TBT Scheme and the Program of action in implementation of the Scheme of the Prime Minister.
b) To evaluation the results of implementation of the TBT Scheme and this Program and propose further measures.
II. ORGANIZATION OF IMPLEMENTATION OF THE PROGRAM
1. Responsibilities of agencies and organizations for implementation of the Program
Specific tasks, expected outcomes, progress, and agencies and organizations involved in implementation of the Program for realization of the TBT Scheme in the 2006-2010 period are specified in the Appendix to this Document.
2. Planning and funding the implementation of the Program
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2010 period.
3. Amendment and supplementation of the Program
After consulting concerned ministries, branches and localities, the Inter-Sectoral Committee shall propose amendments or supplements to the Program to the General Department of Standardization, Metrology and Quality Control for submission to the Ministry of Science and Technology for consideration and decision.
FOR THE MINISTER OF SCIENCE AND TECHNOLOGY
VICE MINISTER
Tran Quoc Thang
PROGRAM FOR REALIZATION OF THE TBT SCHEME IN THE 2006-2010 PERIOD
(Enclosed with Decision No. 05/2007/QD-BKHCN dated March 30, 2007 of the Minister of Science and Technology)
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Tasks
Expected outcomes
Progress
Responsible agencies
1. Perfection of technical regulations
1.1
To review and amend the promulgated Vietnam standards, branch standards and technical regulations, processes and documents which are subject to compulsory application in service of state management in order to convert them into technical regulations
Promulgation of amended or supplemented documents
Annually
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1.2
To perfect legal provisions on elaboration, promulgation and application of technical regulations
Promulgation of guiding documents of the Government, the Prime Minister or ministries
2007-2010
Government, Prime Minister and concerned ministries
1.3
To make transparent the process of elaborating and promulgating technical regulations
- Implementation of the regulations on publicity and transparency of draft technical regulations in accordance with the Law on Standards and Technical Regulations.
- Processing comments of relevant parties
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Regularly
Ministries, branches and localities
2. Perfection of national standards (Vietnam standards)
2.1
To convert branch standards
Conversion into technical regulations and Vietnam standards
Annually from 2007 to 2009
Ministry of Science and Technology and line ministries
2.2
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300-400 Vietnam standards are harmonized in a year
Annually from 2007 to 2010
Ministry of Science and Technology and line ministries
2.3
To guide the establishment and operation of specialized standard-establishing organizations
Guiding documents
Annually from 2007 to 2010
Ministry of Science and Technology and specialized managing ministries
2.4
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Projects
Annually from 2007 to 2010
Ministry of Science and Technology, line ministries and Technical Boards for Elaboration of Vietnam Standards
3. Implementation of the Prime Minister-approved schemes and plans on conformity assessment activities
3.1
To formulate programs and plans on implementation of the Prime Minister-approved Scheme on intensifying conformity assessment activities
Implementation of set programs and plans
Annually from 2007 to 2010
Ministry of Science and Technology, line ministries and localities
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To formulate programs and plans on implementation of the Prime Minister-approved Plan on control and prevention of the import of inferior-quality goods into the Vietnamese market.
Implementation of formulated programs and plans
Annually from 2007 to 2010
Ministry of Science and Technology, line ministries and localities
3.3
To implement the signed (bilateral and multilateral) mutual recognition agreements on standardization, metrology and quality control, and to study the signing of new agreements with WTO member states
Relevant documents, plans, and implementation results
Annually from 2007 to 2010
Ministry of Science and Technology and line ministries
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4.1
To join activities of the WTO/TBT Committee and other relevant forums
Conferences and workshops
2007-2010
Relevant agencies and TBT Inter-Sectoral Committee
4.2
To study TBT impacts on production, business, import and export activities, and propose measures to limit adverse impacts on those activities
Study reports and proposed measures
2007-2008
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4.3
To study experience of WTO member states on implementation of the TBT Agreement, especially with regard to transparency and settlement of TBT-related disputes
Study reports
2007-2009
Relevant agencies, TBT Inter-Sectoral Committee and TBT Network
4.4
To propose necessary technical assistance for proper performance of the TBT Scheme’s tasks
Proposals and recommendations
2007-2010
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5. Activities of the TBT Inter-Sectoral Committee and the TBT Network
5.1. The TBT Inter-Sectoral Committee
5.1.1
To study WTO regulations and guidance on TBT and propose programs and plans for their implementation in Vietnam
Regulations and guidance
Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination with relevant agencies and organizations and TBT Network
5.1.2
To study and propose measures to ensure capability of Vietnam’s technical regulations, standards and conformity assessment processes with WTO regulations and guidance on TBT
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Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination with relevant agencies and organizations
5.1.3
To study processes and procedures for settlement of TBT-related trade disputes, and take the initiative in proposing measures to settle those disputes
Taking the initiative in advising on the settlement of TBT-related trade disputes
Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination with relevant agencies and organizations and TBT Network
5.1.4
To study, propose and apply measures to enhance coordination among ministries and branches in the implementation of TBT-related programs and plans; and to support relevant local agencies and organizations in the performance of TBT-related tasks
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Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination with relevant agencies and organizations and TBT Network
5.1.5
To perform other tasks defined in the Regulation on organization and operation of the TBT Inter-Sectoral Committee, promulgated together with the Science and Technology Minister’s Decision No. 07/2006/QD-TTg dated March 20, 2006
Propagation and dissemination for raising awareness about TBT
Annually from 2007 to 2010
TBT Inter-Sectoral Committee in coordination with relevant agencies and organizations and TBT Network
5.2. The TBT Network
5.2.1
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Databases
Annually from 2007 to 2010
TBT Points in the TBT Network
5.2.2
To consolidate material and technical foundations of the TBT Network
Office equipment and information technology equipment
Annually from 2007 to 2010
TBT Points in the TBT Network
5.2.3
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Improvement of foreign language and computer skills and knowledge about TBT
Annually from 2007 to 2010
TBT Points in the TBT Network
6. Propagation and dissemination about TBT
6.1
To elaborate and disseminate documents on TBT
Documents
2007-2010
Relevant agencies, TBT Inter-Sectoral Committee and TBT Network
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To provide training on TBT
Training for agencies and enterprises of ministries and localities
2007-2010
Relevant agencies, TBT Inter-Sectoral Committee and TBT Network
6.3
To compile teaching documents and provide intensive training on TBT and relevant matters
Training for the TBT Inter-Sectoral Committee, the TBT Network and other concerned personnel
2007-2010
General Department of Standardization, Metrology, TBT Inter-Sectoral Committee and TBT Network
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7.1
To biannually report on implementation of the TBT Scheme to the Prime Minister
Reports to the Prime Minister
2007-2010
Ministry of Science and Technology in coordination with ministries, branches and localities
7.2.
To review 3 years’ implementation of the Scheme
Conference and reports
2008
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7.3
To review 5 years’ implementation of the Scheme
Conference and reports
2010
Ministry of Science and Technology in coordination with ministries, branches and localities