Nghị định 127/2007/NĐ-CP Hướng dẫn Luật Tiêu chuẩn và Quy chuẩn kỹ thuật

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON STANDARDS AND TECHNICAL REGULATIONS

THE GOVERMENT

Pursuant to the Law on Governmental Organization dated December 25, 2001;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

At the proposal of the Minister of Science and Technology,

DECREES:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of governing

This Decree details the implementation of some Articles of the Law on Standards and Technical Regulations for Construction, publication of standards; building, issue of technical regulations; and assessment of compliance with standards and technical regulations standards and responsibilities of agencies, organizations and individuals operating in the field of standards and technical regulations.

Article 2. Subjects to activities in the field of standards and Subjects to activities in the field of technical regulations

Subjects to activities in the field of standards and subjects to activities in the field of technical regulations include:

1. Products and goods produced for domestic use; exported products, goods; imported products and goods;

2. Services related to the following activities: trade; post and telecommunications; information technology; construction; education; training; labor, vocational training; finance, banking; healthcare; tourism; culture, recreation; fitness, sports; traffic, transport; science, technology; standardization, metrology, quality; security and safety, agriculture and rural development; fishery; natural resources and environment; other services incurred in the process of economic - social development should be developed and applied standards, technical regulations;

3. The process of manufacture, mining, processing, storage, transportation, use, operation, warranty, maintenance, recycling and disposal, quality management of products, commodities and other processes in economic - social activity should be developed and applied standards, technical regulations;

4. Environment of soil, water, air; noise, vibration, radiation, radioactive; solid waste, wastewater, waste gas; means, tools and management activities, environmental protection and preservation;

5. Other subjects in economic - social activity should be developed and applied standards, technical regulations.

Article 3. Funds for development of standards, technical regulations

1. Funds for development of national standards, technical regulations include: funds for making the planning, plan, review, conversion, construction, and evaluation of national standards and technical regulations.

Funds for development of national standards, technical regulations shall be allocated in estimates of annual state budget for activities of science and technology and other activities of the ministries, ministerial-level agencies, and Governmental agencies and People's Committees of provinces and cities directly under the Central Government.

2. Where the state agencies build basic standards to apply in the operation of the agencies, then funds shall be allocated in estimates of annual state budget.

3. The estimation, allocation, and settlement of funds for development of standards, technical regulations prescribed in Clause 1 and Clause 2 of this Article shall comply with the provisions of the State Budget Law.

4. Ministry of Finance shall preside over and coordinate with the Ministry of Science and Technology to specify the management and use of funds for development of standards, technical regulations prescribed in Clause 1 and Clause 2 of this Article.

5. Funds of the organizations and individuals supporting for the development of national standards, technical regulations shall be decided by organizations or individuals on the basis of agreements with agencies organizing the development of national standards, technical regulations.

Article 4. State policy on development of activities in the field of standards and technical regulations

1. The State focuses on investment in the construction and development of the system of national standards, national technical regulations; investment in material facilities - technique and professional capacity for the agency taking responsibility for evaluation national standards and technical regulations.

2. The State encourages and creates conditions for the training of human resources, training and improving their technical level, professional skill for the team of civil servants, public employees, experts in the field of standards and technical regulations arts.

3. The State encourages the domestic, foreign organizations and individuals, the associations to participate in the development, dissemination of the application of standards and technical regulations; investment in development of activities in the field of standards and field of technical regulations in Vietnam; the training of knowledge, technique, and professional skill on standards and technical regulations.

4. The State encourages the expansion of cooperation with other countries, territories; international organizations and region; foreign organizations, individuals on standards and technical regulations; sign and implement the agreements, bilateral and multilateral mutual recognition agreements of the results of conformity assessment between Vietnam and other countries and territories; encourages the organizations assessing the conformity of Vietnam to sign mutual recognition agreement of the results of conformity assessment with the respective organizations of the countries and territories to facilitate the development of trade between Vietnam and other countries and territories.

Chapter 2:

DEVELOPMENT, PUBLICATION OF STANDARDS

Article 5. Dossier of draft of national standards

1. Dossier of draft of national standards developed by ministries, ministerial-level agencies, Governmental agencies includes:

a) A Decision on assigning tasks to develop draft of national standards to agencies and organizations together with project to develop national standards approved;

b) A Report on the process of developing draft of national standards of agencies and organizations developing draft of national standards;

c) A Draft of national standards (including the written draft and electronic files) together with the explanation; a copy of the original document used as a basis for developing draft of the national standards; the other documents of reference;

d) A List of agencies, organizations, and individuals sent a draft for opinions; written synthesis and comments absorbing together with the written comments;

đ) A written request for evaluation of the draft and publication of national standards of ministries, ministerial-level agencies, Governmental agencies;

e) A Report on results of evaluation of draft of national standards of evaluation agency;

g) A document absorbing evaluation opinions, the draft of national standards that has been finalized on the basis of absorbing evaluation opinions together with the written explanation; other documents, dossiers related to the process of handling evaluation comments (if any).

2. Dossier of draft of national standards developed by the Ministry of Science and Technology on the basis of a draft of standards requested by organizations and individuals includes:

a) A written request for developing national standards of organizations and individuals together with the draft of standards requested;

b) The documents specified at the Points a, b, c, d, e, g, Clause 1 of this Article.

3. Dossier of draft of national standards developed by the Ministry of Science and Technology includes the respective documentation prescribed in the Points a, b, c, d, e, g, Clause 1 of this Article.

Article 6. Review and conversion of standards of Vietnam into national standards

1. Ministry of Science and Technology shall preside over and coordinate with the ministries, ministerial-level agencies, concerned Governmental agencies to review the standards of Vietnam that have been issued under the 1999 Ordinance on Goods Quality and under the laws and other ordinances to establish the following lists:

a) Vietnam standards not required to be amended, supplemented its contents when converted into national standards;

b) Vietnam standards required to be amended, supplemented its contents when converted into national standards;

c) Vietnam Standards required to be canceled.

The review and preparation of the lists must be completed before December 31, 2007.

2. Principles and time limit for conversion of standards of Vietnam into national standards:

a) Vietnam standards with contents consistent with the advance of science and technology, conditions and demand for economic - social development, national technical regulations, the provisions of the law of Vietnam, concerned international commitment according to lists specified in point a clause 1 of this Article are converted into national standards that are not required to be amended or supplemented its standards;

The conversion of Vietnam standards into national standards must be completed before December 31, 2008.

b) Vietnam standards with contents not consistent with the advance of science and technology, conditions and demand for economic - social development, national technical regulations, the provisions of the law of Vietnam, concerned international commitment according to lists specified in point b clause 1 of this Article are considered to be amended, supplemented its contents and converted into national standards;

The amendment, supplement of contents and conversion of the Vietnam standards specified in this point into the national standards must be completed before December 31, 2010.

c) Vietnam standards that are not applied in practice, with contents which are backward compared to the advance of science and technology, conditions and demand for economic - social development, or which are contrary to the national technical regulations, regulations of the law of Vietnam, relevant international commitments according to the list specified in point c Clause 1 of this Article must be cancelled.

The cancellation of Vietnam standards must be completed before June 30, 2008.

3. Ministry of Science and Technology shall preside over and coordinate with the ministries, ministerial-level agencies, Governmental agencies to organize the implementation of the conversion, cancellation of Vietnam standards prescribed at the Points a, b, c Clause 2 of this Article by the following order, procedures:

a) The order and procedures for converting Vietnam standards specified in point a clause 2 of this Article into national standards:

- Conversion of the whole contents of the standards of Vietnam into the draft of national standards;

- Transformation of the presentation form under the guidance of the Ministry of Science and Technology;

- Evaluation of draft of national standards as prescribed at Point d, Clause 1, Article 17 of the Law on Standards and Technical Regulations;

- Publication of the national standards as prescribed in point đ Clause 1, Article 17 of the Law on Standards and Technical Regulations.

b) The order and procedures for amendment and supplementation of contents to convert the Vietnam standards specified in point b clause 2 of this Article into national standards comply with the provisions of Clause 1 of Article 17 of the Law on Standards and Technical Regulations;

c) The order and procedures for canceling Vietnam standards stipulated in Point c, Clause 2 of this Article shall comply with the provisions of Clause 3 of Article 19 of the Law on Standards and Technical Regulations.

Article 7. Review, conversion of the branches’ standards into national standards

1. Ministries, ministerial-level agencies, Governmental agencies will preside over and coordinate with the Ministry of Science and Technology to carry out the review of branches’ standards promulgated under the 1999 Ordinance on Quality of Goods and the laws and other ordinances to establish the following lists:

a) Branches’ standards not required to be amended, supplemented its contents when converted into national standards;

b) Branches’ standards required to be amended, supplemented its contents when converted into national standards;

c) Branches’ standards required to be canceled.

The review and preparation of the lists must be completed before December 31, 2007.

2. Principles and time limit for conversion of branches’ standards into national standards:

a) Branches’ standards with contents consistent with the advance of science and technology, conditions and demand for economic - social development, national technical regulations, the provisions of the law of Vietnam, concerned international commitment according to lists specified in point a clause 1 of this Article are considered to be converted into national standards;

The conversion of branches’ standards into national standards must be completed before December 31, 2008.

b) Branches’ standards with contents not consistent with the advance of science and technology, conditions and demand for economic - social development, national technical regulations, the provisions of the law of Vietnam, concerned international commitment according to lists specified in point b clause 1 of this Article are considered to be amended, supplemented and converted into national standards;

The review, amendment, supplement of contents and conversion of the branches’ standards into the national standards must be completed before December 31, 2010.

c) Branches’ standards that are not applied in practice, with contents which are backward compared to the advance of science and technology, conditions and demand for economic - social development, or which are contrary to the national technical regulations, regulations of the law of Vietnam, relevant international commitments according to the list specified in point c Clause 1 of this Article must be cancelled.

The cancellation of branches’ standards must be completed before June 30, 2008.

3. Ministry of Science and Technology shall preside over and coordinate with the ministries, ministerial-level agencies, Governmental agencies to organize the implementation of the conversion, cancellation of branches’ standards prescribed at the Points a, b, c Clause 2 of this Article by the following order, procedures:

a) The order and procedures for converting branches’ standards specified in point a clause 2 of this Article into national standards:

- Conversion of the whole contents of the branches’ standards into the draft of national standards;

- Transformation of the presentation form under the guidance of the Ministry of Science and Technology;

- Evaluation of draft of national standards as prescribed at Point d, Clause 1, Article 17 of the Law on Standards and Technical Regulations;

- Publication of the national standards as prescribed in point đ Clause 1, Article 17 of the Law on Standards and Technical Regulations.

b) The order and procedures for amendment and supplementation of contents to convert the branches’ standards specified in point b clause 2 of this Article into national standards comply with the provisions of Clause 1 of Article 17 of the Law on Standards and Technical Regulations;

c) The order and procedures for canceling the branches’ standards stipulated in Point c, Clause 2 of this Article shall comply with the provisions of Clause 3 of Article 19 of the Law on Standards and Technical Regulations.

Chapter 3:

DEVELOMENT, PROMULGATION OF TECHNICAL REGULATIONS

Article 8. Number sign of technical regulations

1. Number sign of national technical regulations are specified as follows:

a) Number sign and year of issue of national technical regulations are separated by a colon and are placed after QCVN;

b) The abbreviated name of ministries, ministerial-level agencies promulgating the national technical regulations is placed after year of issue of national technical regulations and is separated by a slash.

2. Symbol of local technical regulation is defined as follows:

a) Number sign and year of issue of local technical regulations are separated by a colon and are placed after QCDP;

b) The abbreviated name of province and city directly under the Central Government promulgating the local technical regulations is placed after year of issue of national technical regulations and is separated by a slash.

3. The abbreviated names of ministries, ministerial-level agencies, provinces, and cities directly under the Central Government promulgating the local technical regulations re complied with the guidance of the Ministry of Science and Technology.

4. The agency issuing technical regulations prescribed in Article 27 of the Law on Standards and Technical Regulations shall grant number sign of technical regulations.

Article 9. Responsibility for developing, evaluating and promulgating the national technical standards

1. Ministers, heads of ministerial-level agencies organize to develop and promulgate national technical standards as prescribed in Article 27 of the Law on Standards and Technical Regulations.

2. Minister of Science and Technology organizes the evaluation of draft of national technical regulations.

3. Responsibility for developing, evaluating and promulgating national technical regulations with nature of interdisciplinary:

a) When necessary to develop national technical regulations with the nature of interdisciplinary (hereinafter referred to as the national technical regulations of interdisciplinary), the ministries, ministerial-level agencies, Governmental agencies are responsible for proposing in writing to the Ministry of Science and Technology;

b) Ministry of Science and Technology is responsible for presiding over, coordinating with the concerned ministries, ministerial-level agencies, Governmental agencies to review and propose the development of national technical regulations of interdisciplinary, and identify the presiding agency for the implementation. In case there is no consistency between the relevant agencies, the Ministry of Science and Technology is responsible for reporting to the Prime Minister for consideration and decision;

c) The development of draft of national technical regulations of interdisciplinary complies with provisions in Clause 1 of Article 32 of the Law on Standards and Technical Regulations;

d) The Minister of Science and Technology organizes the evaluation of draft of national technical regulations of interdisciplinary according to the contents specified in Article 33 of the Law on Standards and Technical Regulations;

đ) The ministries, ministerial-level agencies that are assigned to develop draft of technical regulations of interdisciplinary promulgate national technical regulations after agreeing with the evaluation opinions of the Ministry of Science and Technology. In case of disagreement with the evaluation opinions, the agency promulgating the national technical standards reports to the Prime Minister for consideration and decision.

4. The development, evaluation, and promulgation of national technical regulations for the objects under the responsibility of the management of Governmental agencies:

a) Ministry of Science and Technology approves the plans for developing national technical regulations on the basis of proposals of Governmental agencies;

b) Governmental agencies organize to develop draft of national technical regulations in accordance with the order and procedures prescribed in Clause 1 of Article 32 of the Law on Standards and Technical Regulations;

c) Ministry of Science and Technology organizes the evaluation of draft of national technical regulations according to the contents prescribed in Article 33 of the Law on Standards and Technical Regulations and promulgates national technical regulations.

Article 10. Dossier of draft of technical regulations

1. Dossier of draft of national technical regulations includes:

a) A Decision on assigning tasks to develop draft of national technical regulations to agencies and organizations together with project to develop national technical regulations approved;

b) A Report on the process of developing draft of national technical regulations of agencies and organizations developing draft of national technical regulations;

c) A Draft of national technical regulations submitted for approval together with the explanation; a copy of the original document used as a basis for developing draft of the national technical regulations; the other documents of reference;

d) A List of agencies sent a draft for opinions; written synthesis and comments absorbing together with the written comments;

đ) A written request for evaluation of ministries, ministerial-level agencies, Governmental agencies;

e) A Report on results of evaluation of draft of national technical regulations;

g) A document absorbing evaluation opinions for the draft of national technical regulations

h) A draft of national technical regulations has been finalized after having evaluation opinions together with the written explanation;

2. Dossier of draft of local technical regulations includes:

a) The documents prescribed at Points a, b, c, d, e, g, h, Clause 1 of this Article;

b) The Official Dispatch of People's Committee of province and city directly under the Central Government proposing the ministries, ministerial-level agencies, Governmental agencies of professional management for giving comments on the draft of local technical regulations;

c) Written consent of the ministries, ministerial-level agencies, Governmental agencies of professional management for draft of local technical regulations;

d) A draft of local technical regulations that has been finalized after receiving comments, together with explanation.

3. The agency issuing technical regulations is responsible for establishing and managing dossier of draft of technical regulations.

Article 11. Review and conversion of Vietnam standards, branches’ standards forced the application into national technical regulations

1. Ministries, ministerial-level agencies, Governmental agencies shall review the Vietnam standards; branches’ standards forced the application to establish the following lists:

a) Vietnam standards, branches’ standards forced the application not required to be amended, supplemented its contents when converted into national technical regulations;

b) Vietnam standards, branches’ standards forced the application required to be amended, supplemented its contents when converted into national technical regulations;

c) Vietnam standards, branches’ standards forced the application required to be canceled.

The review and preparation of the lists must be completed before December 31, 2007.

2. Principles and time limit for conversion of Vietnam standards, branches’ standards forced the application into national technical regulations:

a) Vietnam standards, branches’ standards forced the application with appropriate contents and meeting the requirements of State management of ministries, ministerial-level agencies, Governmental agencies under the list specified in point a clause 1 of this Article shall be considered for conversion into national technical regulations;

The conversion of Vietnam standards, branches’ standards forced the application must be completed before December 31, 2008.

b) Vietnam standards, branches’ standards forced the application with contents of technique and management related to the forced application of Vietnam standards, branches’ standards not consistent or not meeting the requirements of State management of ministries, ministerial-level agencies, Governmental agencies under the list specified in point b clause 1 of this Article shall be considered for amendment, supplementation of its contents and to be converted into national technical regulations;

The review, amendment, supplement of contents and conversion of Vietnam standards, branches’ standards forced the application into national technical regulations must be completed before December 31, 2009.

c) Vietnam standards, branches’ standards forced the application with inappropriate contents and not meeting the requirements of State management of ministries, ministerial-level agencies, Governmental agencies under the list specified in point c clause 1 of this Article shall be cancelled.

The cancellation of Vietnam standards, branches’ standards forced the application must be completed before September 30, 2008.

3. Ministries, ministerial-level agencies, Governmental agencies implement the conversion, cancellation of Vietnam standards, branches’ standards forced the application as prescribed at the Points a, b, c, Clause 2 of this Article into national technical regulations by the following order, procedures:

a) The order and procedures for converting Vietnam standards, branches’ standards forced the application as prescribed in point a clause 2 of this Article into national technical regulations:

- Conversion of the whole contents of Vietnam standards, branches’ standards forced the application and contents of management related to the forced application of Vietnam standards, branches’ standards into the draft of national technical regulations;

- Transformation of the presentation form under the guidance of the Ministry of Science and Technology;

- Evaluation of draft of national technical regulations as prescribed at Point d, Clause 1, Article 32 of the Law on Standards and Technical Regulations;

- Promulgation of the national technical regulations as prescribed in point đ Clause 1, Article 32 of the Law on Standards and Technical Regulations.

b) The order and procedures for review, amendment and supplementation of contents to convert Vietnam standards, branches’ standards forced the application specified in point b clause 2 of this Article into national technical regulations comply with the provisions of Clause 1 of Article 32 of the Law on Standards and Technical Regulations;

c) The order and procedures for canceling Vietnam standards, branches’ standards forced the application stipulated in Point c, Clause 2 of this Article shall comply with the provisions of Clause 3 of Article 35 of the Law on Standards and Technical Regulations.

Article 12. Review and conversion of technical regulations, procedures, rules, regulations, and technical documents forced the application into national technical regulations

1. Ministries, ministerial-level agencies, Governmental agencies shall review the technical regulations, procedures, rules, regulations and technical documents forced the application to establish the following lists:

a) Technical regulations, procedures, rules, regulations and technical documents forced the application not required to be amended, supplemented its contents when converted into national technical regulations;

b) Technical regulations, procedures, rules, regulations and technical documents forced the application required to be amended, supplemented its contents when converted into national technical regulations;

c) Technical regulations, procedures, rules, regulations, and technical documents forced the application required to be canceled.

The review and preparation of the lists must be completed before June 30, 2008.

2. Principles and time limit for conversion of technical regulations, procedures, rules, regulations and technical documents forced the application into national technical regulations:

a) Technical regulations, procedures, rules, regulations and technical documents forced the application with appropriate contents and meeting the requirements of State management of ministries, ministerial-level agencies, Governmental agencies under the list specified in point a clause 1 of this Article shall be considered for conversion into national technical regulations;

The conversion of technical regulations, procedures, rules, regulations and technical documents forced the application into national technical regulations must be completed before December 31, 2008.

b) Technical regulations, procedures, rules, regulations and technical documents forced the application with contents not consistent or not meeting the requirements of State management of ministries, ministerial-level agencies, Governmental agencies under the list specified in point b clause 1 of this Article shall be considered for amendment, supplementation of its contents upon being converted into national technical regulations;

The review, amendment, supplement of contents and conversion of technical regulations, procedures, rules, regulations and technical documents forced the application into national technical regulations must be completed before December 31, 2009.

c) Technical regulations, procedures, rules, regulations and technical documents forced the application with contents not consistent or not meeting the requirements of State management of ministries, ministerial-level agencies, Governmental agencies under the list specified in point c clause 1 of this Article must be cancelled.

The cancellation of technical regulations, procedures, rules, regulations and technical documents forced the application must be completed before September 30, 2008.

3. Ministries, ministerial-level agencies, Governmental agencies implement the conversion, cancellation of technical regulations, procedures, rules, regulations and technical documents forced the application as prescribed at the Points a, b, c, Clause 2 of this Article into national technical regulations by the following order, procedures:

a) The order and procedures for converting technical regulations, procedures, rules, regulations and technical documents forced the applications as prescribed in point a clause 2 of this Article into national technical regulations:

- Conversion of the whole contents of technical regulations, procedures, rules, regulations and technical documents forced the applications into the draft of national technical regulations;

- Transformation of the presentation form under the guidance of the Ministry of Science and Technology;

- Evaluation of draft of national technical regulations as prescribed at Point d, Clause 1, Article 32 of the Law on Standards and Technical Regulations;

- Promulgation of the national technical regulations as prescribed in point đ Clause 1, Article 32 of the Law on Standards and Technical Regulations.

b) The order and procedures for review, amendment and supplementation of contents to convert technical regulations, procedures, rules, regulations and technical documents forced the applications specified in point b clause 2 of this Article into national technical regulations comply with the provisions of Clause 1 of Article 32 of the Law on Standards and Technical Regulations;

c) The order and procedures for canceling technical regulations, procedures, rules, regulations and technical documents forced the applications stipulated in Point c, Clause 2 of this Article shall comply with the provisions of Clause 3 of Article 35 of the Law on Standards and Technical Regulations.

Article 13. Registration for technical regulations

1. Ministries, ministerial-level agencies, People's Committees of provinces and cities directly under the Central Government promulgating technical regulations implement the registration of technical regulations at the Ministry of Science and Technology no later than 15 days from the date of promulgating technical regulations.

2. Registration dossier for technical regulations includes:

a) A written request enclosed with a written registration for technical regulations under the guidance of the Ministry of Science and Technology;

b) Copy of technical regulations;

c) Decision on issuing technical regulations.

3. Ministry of Science and Technology receives registration dossier for technical regulations and publishes annually list of technical regulations.

Chapter 4:

VALUATION OF CONFORMITY WITH STANDARDS AND TECHNICAL REGULATIONS

Article 14. Publication of conformity with standards, conformity with regulations

1. The publication of conformity with standards is a voluntary activity. Organizations and individuals producing, trading as publicizing products, goods, services, processes and environment in accordance with respective standards register the written publication of conformity with standards at the Branches of Standards, Metrology and Quality of Department of Science and Technology of provinces, cities under central authority where the organizations and individuals register their production and business.

2. The publication of conformity with regulations is a compulsory activity. Organizations and individuals producing and trading must publicize conformity with regulations in accordance with the provisions in the respective technical regulations. Upon the publication of conformity with regulations, organizations and individuals producing and trading must register the written publication of conformity with regulations at the corresponding specialized Department in the locality where the organizations and individuals register their production and business.

 3. Ministries, ministerial-level agencies promulgating national technical regulations shall publicly announce on the corresponding specialized Departments in the localities where receiving the written publication of conformity with regulations on their websites (website) and on the mass media.

Quarterly, the corresponding specialized Departments in the localities where receiving the written publication of conformity with regulations make a list of organizations and individuals registered the publication of conformity with regulations and send to the following agencies:

a) Ministries, ministerial-level agencies promulgating the national technical regulations;

b) Departments of Science and Technology of provinces and cities under central authority where organizations and individuals register their production and business for synthesis, report to the Ministry of Science and Technology.

4. People's Committees of provinces and cities directly under the Central Government issuing the local technical regulations shall publicly announce on the corresponding specialized Departments in the localities where receiving the written publications of conformity with regulations on their websites (website) and on the mass media.

Quarterly, the corresponding specialized Departments in the localities where receiving the written publications of conformity with regulations make a list of organizations and individuals registered the publication of conformity with regulations and send to the following agencies:

a) Contact point agencies appointed under the provisions of Clause 2 of Article 21 of this Decree of the Ministries of specialized management managing the corresponding objects of local technical regulations.

b) Departments of Science and Technology of provinces and cities under central authority where organizations and individuals register their production and business for synthesis, report to People's Committees of provinces and cities directly under the Central Government to promulgate local technical regulations and Ministry of Science and Technology.

Article 15. Marks of conformity with standards, conformity with regulations

1. Marks of conformity with standards shall be issued by the conformity certification organizations for the objects certified conformity with standards. The shape, structure, and performances of marks of conformity with standards shall be provided for under the guidance of the Ministry of Science and Technology by the conformity certification organizations.

2. Marks of conformity with regulations issued by regulations conformity certification organizations for products and goods certified conformity with regulations or mounted by organizations and individuals publicizing conformity with regulations for the products, the goods to be publicized conformity with regulations after registered the publication of conformity with regulations.

The shape, structure and performances of marks of conformity with regulations shall be provided for by the Ministry of Science and Technology.

3. Organizations and individuals producing, trading after being certified the standards conformity shall self- express marks of conformity with standards or after being certified the regulations conformity shall self- express marks of conformity with regulations on products, goods, packaging of products, goods, materials of products, goods, services, processes and environment that have been certified the standards conformity or regulations conformity.

Article 16. Organizations certifying conformity

1. The organizations certifying conformity include:

a) The non-public or public service units of science and technology operating service of science - technology to be established and registered for their operations under the Law on Science and Technology;

b) The enterprises established and registered for their operations under the Enterprises Law;

c) Branches of the foreign organizations certifying conformity registered for their operations under the Investment Law in Vietnam.

2. The organizations certifying conformity conduct certification of conformity with standards or certification of conformity with regulations or both certification of conformity with standards and regulations.

3. The organizations certifying conformity with standards are conducted the certification activities of conformity with standards after fully meeting the following conditions:

a) The requirements specified in clauses 1 and 2 of Article 51 of the Law on Standards and Technical Regulations;

b) Registration for certification of conformity with standards at the Ministry of Science and Technology.

4. The organizations certifying conformity with regulations are carried out the certification activities of conformity with regulations after fully meeting the following conditions:

a) The requirements specified in clauses 1 and 2 of Article 51 of the Law on Standards and Technical Regulations;

b) Registration of the certification activities of conformity with regulations at the ministries, ministerial-level agencies, People's Committees of provinces and cities directly under the Central Government issuing technical regulations;

c) Being prescribed by the ministries, ministerial-level agencies, Governmental agencies of professional management, the People's Committees of provinces and cities under central authority in clause 3 of Article 47 of the Law on Standards and Technical Regulations to appoint as the organizations implementing the regulations conformity certification.

5. Ministry of Science and Technology guides specifically on the capacity of the organizations of the standards conformity certification, regulations conformity certification; the order and procedures for registering the certification of standard conformity, certification of regulations conformity.

6. Ministries, ministerial-level agencies, People's Committees of provinces and cities directly under the Central Government issuing technical regulations implement the following tasks:

a) Detailing the order and procedures to assign the regulations conformity certification organizations;

b) Organizing the review, evaluation and certification of capacity in accordance with provisions of the Ministry of Science and Technology to appoint the corresponding regulations conformity certification organizations with technical regulations issued by them. The conformity certification organizations having the certificates of accreditation of the accreditation organizations prescribed in Clause 1 of Article 17 of this Decree or foreign accreditation bodies as members of the Pacific Association of Accreditation (PAC) and International Accreditation Forum (IAF) are given priority for consideration, appointment as regulations conformity certification organizations.

7. Ministries, ministerial-level agencies, People's Committees of provinces and cities under central authority announce the list of the regulations conformity certification organizations that have been assigned on the mass media at central and local levels or on internet network for the organizations and individuals to know, select, and notify the Ministry of Science and Technology for coordination of management.

Article 17. Accreditation organizations

1. Accreditation organizations are the organizations meeting the conditions specified in Article 54 of the Law on Standards and Technical Regulations to implement the evaluation and recognition of the capacity of testing laboratories, calibration laboratories, conformity certification organizations, and appraisal organizations.

2. Accreditation organizations must operate in accordance with regional and international requirements of integration in the area of ​​conformity assessment, creating conditions for Vietnam to join the agreement or agreements of mutual recognition on conformity evaluation results, for the need of state management in the specialized areas.

3. Ministry of Science and Technology is responsible for unified management of the operation of accreditation organizations.

Article 18. Appointment of the organizations to implement testing, calibration and appraisal for purposes of specialized management

Depending on demand of management, ministries, ministerial-level agencies, Governmental agencies may conduct assessment and certification of capabilities of laboratories, calibration laboratories, appraisal organizations qualified under the basic requirements of the corresponding national standards, international standards of International Organizations for Standardization (ISO) and International Electricity Committee (IEC) to assign these organizations to conduct the testing, calibration and appraisal for specialized management purposes assigned.

Article 19. Agreements, agreements on mutual recognition

1. The mutual recognition of results of conformity assessment between the countries and territories includes the results of conformity certification; calibration results; testing results; appraisal results.

2. Ministry of Science and Technology shall preside over and coordinate with the concerned ministries, ministerial-level agencies to organize the implementation of mutual recognition agreements between Vietnam and other countries and territories on the results of conformity assessment, to follow the law on signing and implementing international agreements which the socialist Republic of Vietnam is a member.

3. Ministry of Science and Technology coordinates with the Ministry of Foreign Affairs to guide the signing and implementation of agreements on mutual recognition of results of conformity assessment between organizations assessing the conformity of Vietnam with organizations assessing the conformity of countries, territories, international and regional organizations.

Chapter 5:

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS OPERATING IN THE FIELD OF STANDARDS AND TECHNICAL REGULATIONS

Article 20. Responsibilities of the Ministry of Science and Technology

1. Ministry of Science and Technology taking responsibility before the Government to perform the task of unified State management on operations in the field of standards and technical regulations with the contents specified in Article 59 of the Law on Standards and Technical Regulations have the following responsibilities:

a) To guide the development, evaluation, publication, issuance, dissemination and application of standards; stipulate the organization and operation of the Technical Board of national standards;

b) To participate in the process of drafting national standards, national technical regulations presided over by ministries, ministerial-level agencies, Governmental agencies;

c) To preside over and coordinate with the Ministry of Defense to specify the order, procedures of development, evaluation and publication of national standards for the objects in the field of military, defense only applied within the Ministry of Defense;

d) To guide the development, evaluation, and issuance of technical regulations;

đ) To be responsible for the contents of national standards, national technical regulations presided over to develop by them; to be responsible for evaluation opinions of drafts of national standards, national technical regulations presided over to develop by the Ministries, ministerial-level agencies, Governmental agencies; to decide the time limit for absorbing comments on the drafts of national standards, national technical regulations presided over to develop by them in case of emergency related to health, safety and environment;

e) To guide on the operation of conformity assessment including certification of standards conformity, regulations conformity, publication of standards conformity, regulations conformity, recognition of the capacity of testing laboratories, calibration laboratories, organizations certifying the conformity, appraisal organizations;

g) To organize the propagation and dissemination of the activities in the field of standards and technical regulations;

h) To allocate funds to improve technical material facilities and enhance capacity of expertise for the organizations evaluating national standards and national technical regulations.

2. Directorate for Standards, Metrology and Quality under the Ministry of Science and Technology is the agency to assist the Minister of Science and Technology to carry out State management of activities in the field of standards and technical regulations.

Article 21. Responsibilities of ministries, ministerial-level agencies, Governmental agencies

1. Ministries, ministerial-level agencies, Governmental agencies within their tasks, power conduct State management of activities in the field of standards and technical regulations with the contents specified in Article 60 of the Law on Standards and Technical Regulations.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies appoint the contact point agency being responsible for assisting the ministries, ministerial-level agencies, governmental agencies in State management of activities in the field of standards and technical regulations.

3. Ministries, ministerial-level agencies, Governmental agencies coordinate with the Ministry of Science and Technology in the process of drafting national standards and national technical regulations.

4. Ministries, ministerial-level agencies, Governmental agencies are responsible for the contents of national standards, national technical regulations presided over to develop by them; to decide the time limit for absorbing comments on the drafts of national standards, national technical regulations presided over to develop by them in case of emergency related to health, safety and environment.

Article 22. Responsibilities of People's Committees of provinces and cities directly under the Central Government

1. People's Committees of provinces and cities directly under the Central Government within their scope of tasks and power, conduct State management of activities in the field of standards and technical regulations with the contents specified in Article 61 of the Law on Standards and Technical Regulations.

2. People's Committees of provinces and cities directly under the Central Government decide the time limit for absorbing comments on the local technical regulations presided over to develop by them in case of emergency related to health, safety and environment.

3. Departments of Science and Technology shall preside over and coordinate with other concerned departments and agencies, branches to assist People's Committees of provinces and centrally-run cities in performing the State management on activities in the field of standards and technical regulations in the localities.

Branches for Standards, Metrology and Quality under the Departments of Science and Technology are the agencies to directly assist the Departments of Science and Technology to carry out State management of activities in the field of standards and technical regulations in the localities.

Article 23. Assignment of responsibility of development, promulgation of national technical regulations

1. Ministries, ministerial-level agencies implement the development and promulgation of national technical regulations for the fields assigned by the Government, as follows:

a) Ministry of Health:

- The health of community; hygiene, food safety, drinking water, living water, vaccines and medical bio-products and production conditions; household chemicals, insecticidal preparations, disinfectants;

- Medical examination and treatment, care, nursing, rehabilitation, aesthetics, appraisal in the health sector;

- Drugs, drug raw materials, cosmetics;

- Equipment, health works;

- Services in the health sector.

b) Ministry of Agriculture and Rural Development:

- Production, processing, harvesting, storage, transportation of agricultural products, forest products, salt, slaughtering of livestock and poultry;

- Plant varieties and animal breeds (except fisheries);

- Supplies of agriculture and forestry, fertilizers, animal feed;

- Plant protection, veterinary medicine, quarantine for plants, animals;

- Irrigation works and dykes;

- Services in the field of agriculture and rural development.

c) Ministry of Fisheries:

- Safety and hygiene of fisheries, exported aquatic products, aquaculture feed, aquaculture veterinary medicine, chemicals and medical biological products used in aquaculture, aquatic species;

- Safety and hygiene in the production process from farming, mining, processing, storage and transportation of aquatic products;

- Fishing tools, devices required stringent requirements for safety in the fisheries sector;

- Services in the fisheries sector.

d) Ministry of Transport:

- Means of transportation; means, cargo handling equipment, construction, specialized transport; means of probes, and exploitation on sea;

- The transport infrastructure works;

- The sector of transport operation;

- The sector of traffic safety;

- Services in the field of transport.

đ) Ministry of Construction:

- Civil construction works, housing and offices;

- Construction Materials;

- Architecture and planning for urban construction, rural construction planning;

- Urban technical infrastructure;

- Services in the construction sector.

e) Ministry of Industry:

- Safety of industrial engineering (safety for devices suffering from pressure, lifting equipment, safety for equipment with safety requirements on specific industries), electrical safety in the management and operation of the electrical equipment; exploitation of mines and oil and gas (excluding equipment, means of exploring and exploiting oil and gas on sea);

- Chemical safety, industrial explosives and industrial environments;

- Safety in mechanic production, metallurgy, electricity, energy, exploration of oil and gas, materials, chemicals (including pharmaceutical chemistry);

- Safety of consumption industry;

- Safety of food industry and other processing industries;

- Services in the industrial sector.

g) Ministry of Labor - Invalids and Social Affairs:

- Occupational safety;

- Personal protection equipment for employees;

- Requirements for occupational safety of machinery, equipment and materials with strict requirements on safety, occupational health under the provisions of the Labor Code;

- Requirements for safety, labor hygiene for appliances, technical equipment in the vocational training establishments;

- Safety for the public recreation works;

- Services in the field of labor, war invalids, and social affairs.

h) Ministry of Post and Telecommunications:

- Network, works, products, services of post and telecommunications, electronics and information technology;

- Radio frequencies and transmitters, transceivers of radio frequency;

- Services in the field of post and telecommunications.

i) Ministry of Natural Resources and Environment:

- Quality of surrounding environment; environmental observation, assessment of the environmental status; strategic environmental assessment; environmental impact assessment; control of pollution; and waste management and environmental management;

- Survey, investigation, assessment and inventory of resources, minerals, quality assessment, reserves of mineral resources;

- Cartographic measurement;

- Meteorology and Hydrology;

- Services in the field of natural resources and environment.

k) Ministry of Trade:

- Services related to commercial activities;

- E-Commerce.

l) Ministry of Education and Training:

- Teaching aids, technical equipment used in schools;

- Services in the field of education and training.

m) Ministry of Finance:

- Financial services (insurance, audit, tax, customs ...);

- The sector of the national reserve.

n) Ministry of Culture - Information:

- Protect and promote the cultural heritage value: preserve, renovate, restore historical - cultural relics and famous landscape; explore and excavate archaeology; manage and protect underwater cultural heritage; register relics, antiques and national treasures;

- Publications and press products;

- Materials for types of movies;

- Fine arts, photography, advertising, and printing;

- Services in the fields of culture, information, and entertainment.

o) Ministry of Home Affairs:

Documents and archives

p) State Bank of Vietnam:

- Printing, minting, preservation, and transfer of money, release, withdrawal, replacement and destruction of money;

- Services in the banking sector.

q) Fitness and Sport Committee:

- Sports works;

- Equipment for training and competition;

- Services in the field of fitness, sport.

r) Ministry of Defense:

- Vehicles, military equipment, weapons and ammunition, products for defense, defense projects not subject to state secrets;

- Safety and security in the field of military, defense.

s) Ministry of Public Security:

- Fire prevention and fighting, technical equipment, weapons, ammunition and explosives, support tools and other products used for the people's public security force not subject to state secrets;

- Services in the security sector.

t) Ministry of Science and Technology:

- Radiation safety, nuclear, radioactive sources;

- Measurement, examination, testing, accreditation, and certification;

- Products, goods, services, processes and other objects (except for products, goods, services, processes specified in points a, b, c, d, đ, e, g, h , i, k, l, m, n, o, p, q, r, s, Clause 1 of this Article);

- To promulgate national technical regulations for objects of management sector of the governmental agencies.

2. Where there is overlap, duplication of assigned areas for development, promulgation of national technical standards between the ministries, ministerial-level agencies defined in Clause 1 of this Article or the appearance of new areas, the exception, Ministry of Science and Technology General synthesizes, reports to the Prime Minister for consideration and decision.

Article 24. Responsibilities of organizations and individuals producing and trading on the publication of applicable standards

1. Publication of applicable standards specified in clause 1 of Article 62 of the Law on Standards and Technical Regulations means the organizations or individuals producing and trading to announce applicable standards or the basic characteristics of their products, goods, services, processes and environment.

2. The notification of applicable standards is done through form of recording number sign of applied standards or basic properties on the labels or packaging of products, goods, or in the transaction documents, introduction of the products, services, processes, environment, and other appropriate forms.

Article 25. Inspection in the field of standards and technical regulations

1. Specialized inspectors of the ministries and branches conduct inspection function in the field of technical regulations within the scope and sector assigned to manage provided for in Article 23 of this Decree.

2. Ministry of Science and Technology performs the function of specialized inspection in the field of standards and technical regulations as stipulated in Decree No.87/2006/ND-CP dated August 28, 2006 by the Government on organization and operation of inspectorate of science and technology within the scope of duties and powers assigned.

Chapter 6:

IMPLEMENTATION PROVISIONS

Article 26. Effect

1. This Decree takes effect 15 days after its publication in the Official Gazette. The previous regulations contrary to this Decree are hereby annulled.

2. Vietnam standards, branches’ standards for voluntary application issued before the effective date of the Law on Standards and Technical Regulations that have not been converted into national standards may continue to use until the the conversion time limit specified in Clause 2, Article 6, clause 2 of Article 7 of this Decree.

3. Vietnam standards, branches’ standards and technical regulations, procedures, rules, regulations, technical documents forced the application issued before the effective date of the Law on Standards and Technical Regulations that have not been converted into national technical regulations are allowed to maintain their validity until the effective time of respective national technical regulations being converted according to the provisions of Article 11, Article 12 of this Decree.

4. Vietnam standards, branches’ standards and technical regulations, procedures, rules, regulations, technical documents forced the application issued before the effective time of the Law on Standards and Technical Regulations used in the social-economic development projects approved before the effective date of the Law on Standards and Technical Regulations may continue in effect for the projects if the provisions of these documents do not affect the quality of the projects.

Article 27. Responsibility for implementation

1. Minister of Science and Technology is responsible for guiding the implementation of this Decree.

2. The Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and cities directly under the Central Government shall implement this Decree./.

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