Chapter II
FORMULATION, ANNOUNCEMENT AND APPLICATION OF STANDARDS
Article 10.- System of standards and standard symbols
The Vietnamese system of standards and standard symbols consists of:
1. National standards, symbolized by TCVN;
2. Manufacturer standards, symbolized by TCCS.
Article 11.- Responsibility for formulating, evaluating and announcing standards
1. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall organize the drafting of national standards and request the evaluation and announcement of national standards.
2. The Minister of Science and Technology shall organize the evaluation of draft national standards and announce national standards.
3. Organizations formulating and announcing manufacturer standards include:
a/ Economic organizations;
b/ State agencies;
c/ Non-business organizations;
d/ Socio-professional organizations.
Article 12.- Types of standards
1. Fundamental standards stipulate characteristics and requirements of general application on a large scale or contain general requirements for a particular domain.
2. Terminology standards stipulate names and definitions for objects of activities in the domain of standard.
3. Technical requirement standards stipulate levels, criteria and requirements for objects of activities in the domain of standard.
4. Testing method standards stipulate methods of sampling, methods of measurement, methods of identification, methods of analysis, methods of checking, methods of assay and methods of inspection of levels, criteria and requirements for objects of activities in the domain of standard.
5. Labeling, packing, transportation and preservation standards stipulate requirements on labeling, packing, transportation and preservation of products and goods.
Article 13.- Grounds for standard formulation
Standards shall be formulated on one or more of the following grounds:
1. International, regional and foreign standards;
2. Scientific and technological research results, technical advances;
3. Practical experience;
4. Results of evaluation, assay, testing, checking and inspection.
Article 14.- Plannings and plans on formulation of national standards
1. Plannings and plans on formulation of national standards include five-year plannings and plans and annual plans which are elaborated on the following grounds:
a/ Socio-economic development requirements;
b/ Requests of organizations and individuals.
2. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with other concerned ministries, ministerial-level agencies and government-attached agencies in, elaborating plannings and plans on formulation of national standards and publish them for public comment before approving them.
The Ministry of Science and Technology shall approve plannings and plans on formulation of national standards and publish them within thirty days after the date of approval thereof.
3. In case of necessity, plannings and plans on formulation of national standards may be revised under decisions of the Minister of Science and Technology. The revision of plannings and plans on formulation of national standards shall comply with the provisions of Clause 2 of this Article.
Article 15.- Rights of organizations and individuals to participate in formulating national standards
1. To propose and give comments on plannings and plans on formulation of national standards.
2. To assume the prime responsibility for, or participate in, compiling draft national standards for the Ministry of Science and Technology to evaluate and announce.
3. To give comments on draft national standards.
Article 16.- Technical boards for national standard
1. A technical board for national standard is a technical advisory body set up by the Ministry of Science and Technology for each domain of standard.
2. Members of a technical board for national standard include representatives of state agencies, scientific and technological organizations, associations, unions, enterprises and other concerned organizations, consumers and specialists.
3. A technical board for national standard has the following tasks:
a/ To propose plannings, plans, options and measures to formulate national standards;
b/ To compile draft national standards based on the drafts proposed by organizations or individuals; to directly prepare draft national standards; to participate in compiling and commenting on draft international standards, draft regional standards; to participate in evaluating draft national standards formulated by ministries, ministerial-level agencies or government-attached agencies;
c/ To join in counseling on and disseminating national standards and other standards;
d/ To participate in formulating draft technical regulations upon request.
Article 17.- Order and procedures for formulating, evaluating and announcing national standards
1. The order and procedures for formulating, evaluating and announcing national standards with respect to draft national standards formulated by ministries, ministerial-level agencies or government-attached agencies are as follows:
a/ Ministries, ministerial-level agencies or government-attached agencies draft national standards on the basis of the approved plans on formulation of national standards;
b/ Ministries, ministerial-level agencies or government-attached agencies organize public gathering of opinions of concerned organizations and individuals on draft national standards; hold symposiums for related parties to give comments on the drafts. The duration for submission of opinions on a draft shall be at least sixty days; in urgent circumstances related to health, safety or environment, this duration may be shorter;
c/ Ministries, ministerial-level agencies or government-attached agencies study and take opinions of organizations and individuals into account for finalizing draft national standards, make dossiers of draft national standards and send them to the Ministry of Science and Technology for evaluation;
d/ The Ministry of Science and Technology organizes the evaluation of draft national standards in accordance with the provisions of Article 18 of this Law. The evaluation duration must not exceed sixty days from the date of receipt of valid dossiers;
e/ The Minister of Science and Technology announces national standards within thirty days after obtaining evaluation opinions agreeing with draft national standards;
f/ When there are evaluation opinions disagreeing with the draft national standard, the Ministry of Science and Technology shall forward such evaluation opinions to the national standard-drafting ministry, ministerial-level agency or government-attached agency for finalization of the draft national standard. After receiving the finalized draft, the Ministry of Science and Technology shall announce the national standard in accordance with the provisions of Point e of this Clause. If no agreement can be reached between two parties, the Ministry of Science and Technology shall report the case to the Prime Minister for consideration and decision.
2. The order and procedures for formulating, evaluating and announcing national standards with respect to draft national standards proposed by organizations or individuals are as follows:
a/ The organization or individual compiles a draft standard or proposes an existing standard to the Ministry of Science and Technology for consideration;
b/ The Ministry of Science and Technology assigns the technical board for national standard to compile a draft national standard on the basis of the draft proposed by the organization or individual; organizes public gathering of opinions of concerned organizations and individuals on the draft; holds symposiums for related parties to give comments on the draft. The duration for submission of opinions on a draft shall be at least sixty days; in urgent circumstances related to health, safety or environment, this duration may be shorter;
c/ The technical board for national standard studies and takes opinions of organizations and individuals into account for finalizing the draft national standard, makes a dossier of the draft and submits it to the Ministry of Science and Technology for consideration;
d/ The Ministry of Science and Technology organizes the evaluation of the draft national standard under the provisions of Article 18 of this Law. The time limit for evaluation and announcement of national standards shall comply with the provisions of Point d and e, Clause 1 of this Article.
3. The order and procedures for formulation, evaluation and announcement of national standards with respect to draft national standards formulated by the Ministry of Science and Technology are as follows:
a/ On the basis of the approved plan on formulation of national standards, the Ministry of Science and Technology assigns a relevant technical board for national standard to formulate the draft national standard under the provisions of Points b and c, Clause 2 of this Article;
b/ The Ministry of Science and Technology organizes the evaluation of the draft national standard under the provisions of Article 18 of this Law. The time limit for evaluation and announcement of national standards shall comply with the provisions of Point d and e, Clause 1 of this Article.
4. The Government shall issue specific regulations on dossiers of draft national standards.
Article 18.- Contents of evaluation of draft national standards
1. Conformity of standards with scientific and technological advances, socio-economic conditions and development demands.
2. Conformity of standards with relevant technical regulations, legal provisions and international commitments and the requirement on harmonization with international standards.
3. Uniformity and consistency within the national standard system, adherence to the principles of consensus and harmonization of interests of related parties.
4. Observance of technical requirements, the order and procedures for formulation of national standards.
Article 19.- Review, amendment, supplementation, replacement and cancellation of national standards
1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and government-attached agencies in, reviewing national standards once every three years or at an earlier time when necessary, counting from the date of announcement of such standards.
2. Amendment, supplementation and replacement of national standards shall be effected in the order and according to the procedures specified in Article 17 of this Law on the basis of national standard review results or at the proposal of organizations or individuals.
3. Cancellation of national standards shall be effected on the basis of national standard review results or at the proposal of ministries, ministerial-level agencies, government-attached agencies, organizations or individuals.
The Ministry of Science and Technology shall evaluate dossiers of cancellation of national standards and announce the cancellation of national standards after obtaining written agreement of other ministries, ministerial-level agencies or government-attached agencies which have drafted such national standards.
Article 20.- Formulation and announcement of manufacturer standards
1. Manufacturer standards shall be formulated under the guidance of the heads of organizations specified in Clause 3, Article 11 of this Law and announced for application to manufacturers' activities.
2. Manufacturer standards shall be formulated on the basis of scientific and technological achievements, demands and practical capabilities of manufacturers. The use of national standards, international standards, regional standards and foreign standards as manufacturer standards shall be encouraged.
3. Manufacturer standards must not contravene relevant technical regulations and provisions of law.
4. The order and procedures for formulation and announcement of manufacturer standards shall comply with the guidance of the Ministry of Science and Technology.
Article 21.- Publishing and distribution of standards
1. The Ministry of Science and Technology shall hold the right to publish and distribute national standards.
2. Vietnamese representative agencies participating in international or regional standardizing organizations shall publish and distribute international standards or regional standards according to regulations of such organizations.
The publishing and distribution of standards of international or regional organizations of which Vietnam is not a member and foreign standards shall be as agreed with organizations promulgating those standards.
3. Organizations announcing manufacturer standards shall hold the right to publish and distribute those manufacturer standards.
Article 22.- Notification and dissemination of national standards
The Ministry of Science and Technology has the following responsibilities:
1. To make public the announcement of national standards, the amendment, supplementation, replacement or cancellation of national standards within thirty days after the date of issuance of relevant decisions;
2. To assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and government-attached agencies in, disseminating and guiding the application of national standards;
3. Annually, to distribute the list of national standards.
Article 23.- Principles for application of standards
1. Standards shall be applied on the principle of voluntariness.
The application of part or the whole of a specific standard shall become mandatory when it is invoked in a legal document or technical regulation.
2. Manufacturer standards shall be applied within the scope of management of organizations that announce them.
Article 24.- Modes of application of standards
1. Standards shall be directly applied or invoked in another document.
2. Standards shall be used as the basis for conformity assessment activities.
Article 25.- Funding sources for formulation of standards
1. Funding sources for formulation of national standards include:
a/ State budget allocated according to approved annual budget estimates;
b/ Voluntary supports of organizations and individuals at home and abroad;
c/ Other lawful sources of revenues.
2. Manufacturer standards shall be formulated with organizations' or individuals' own funds, which shall be accounted as reasonable expenses.
3. The Government shall stipulate the management and use of funds for formulation of national standards.
Tìm kiếm
Luật Tiêu chuẩn và quy chuẩn kỹ thuật 2006 (Bản Word)
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