Chương 3 Nghị định 127/2007/NĐ-CP: Xây dựng, ban hành quy chuẩn kỹ thuật

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.

Bài viết liên quan