Chương 2 Nghị định 127/2007/NĐ-CP: Xây dựng, công bố tiêu chuẩn

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.