Chương II Thông tư 11/2021/TT-BKHCN hướng dẫn xây dựng và áp dụng tiêu chuẩn: Xây dựng tiêu chuẩn quốc gia

Chapter II

DEVELOPMENT OF NATIONAL STANDARDS

Article 4. Preparing and approving 5-year and annual plans for development of national standards

1. The Ministry of Science and Technology shall preside over and cooperate with relevant Ministries, central authorities and organizations in preparing and approving 5-year and annual plans for development of national standards.

a) Directorate for Standards, Metrology, and Quality, on behalf of the Ministry of Science and Technology, shall organize cooperation with relevant Ministries and central authorities and organizations in drafting 5-year and annual plans for development of national standards.

b) 5-year plans for development of national standards shall be appropriate for approved national programs and strategies and industry development strategies; meet the demands for development of production, business, state management requirements, and international integration; be appropriate for the level of national scientific and technological development.

c) Annual plans for development of national standards shall be appropriate for 5-year plans. Annual plans include contents about development of new national standards, revision, replacement, annulment of existing national standards.

2. 5-year plans for development of national standards

The contents of a 5-year plan for development of national standards include: fields, standard developers; types of standards; quantity of national standards to be developed; funding sources and cost estimates.

A 5-year plan for development of national standards shall be drafted, approved, revised and supplemented in the following order:

a) Drafting the 5-year plan

a1) In the second quarter of the last year of the 5-yer plan, Ministries and central authorities shall organize the development process and send their own plans for development of national standards in their fields for the next 5 years and descriptions to the Ministry of Science and Technology (via Directorate for Standards, Metrology, and Quality) for consideration and consolidation.

The field-specific 5-year plans for development of national standards and descriptions shall be prepared in accordance with Appendix I hereof.

a2) Pursuant to the approved overall planning and national industry planning Directorate for Standards, Metrology, and Quality shall draft 5-year plans for development of national standards on the basis of field-specific plans for development of national standards of Ministries and central authorities;

b) Gathering feedbacks and completing the draft 5-year plan.

Directorate for Standards, Metrology, and Quality shall perform the following tasks:

b1) Send the draft 5-year plan to relevant Ministries, central authorities and organizations for feedbacks; publish it on the websites of the Ministry of Science and Technology and the Directorate for Standards, Metrology, and Quality to obtain public feedback for at least 30 days from the publishing date;

b2) Gather and process comments on the draft;

b3) Take charge and cooperate with relevant Ministries, central authorities and organizations in completing the draft and submit it to the Minister of Science and Technology;

c) Approving the 5-year plan

The Minister of Science and Technology shall organize assessment and approval for the 5-year plan. The Ministry of Science and Technology shall notify the approved plan to relevant Ministries, central authorities and organizations and publish it on the websites of the Ministry of Science and Technology and Directorate for Standards, Metrology, and Quality for 30 days from the day on which the plan is approved;

d) Revising the plan

d1) The 5-year plan for development of national standards shall be revised according to proposals of managing Ministries.

d2) The 5-year plan for development of national standards shall be revised in the order specified in Points a, b, c Clause 2 of this Article.

3. Annual plans for development of national standards

The contents of an annual plan for development of national standards include: names of national standards sorted by fields; names of drafting organizations; implementation time; drafting method (adoption of international standards, drafting new standards; modification; specific names and numbers of standards, documents as the basis for standard development); estimated costs and funding sources; proposing organizations and individuals; technical committees to be consulted with.

An annual plan for development of national standards shall be drafted, approved, implemented, revised and supplemented in the following order:

a) Drafting the annual plan

a1) Every year during the second quarter, on the basis of the 5-year plan for development of national standards, the need for development, revision, supplementation, replacement of national standards, the results of periodic review of national standards, managing Ministries and central authorities shall send their next year’s field-specific plans for development of national standards and the national standard development projects for each subjects or group of subjects of standards to the Ministry of Science and Technology (via Directorate for Standards, Metrology, and Quality).

The field-specific plan for development of national standards for the next year shall be prepared in accordance with Section 1 Appendix II hereof.

National standard development projects shall be prepared in accordance with Appendix III hereof.

a2) Directorate for Standards, Metrology, and Quality shall organize assessment of national standard development projects with the participation of representatives of relevant Ministries, central authorities and organizations and draft the next year’s plan for development of national standards in accordance with Section 2 Appendix II and the description of the annual plan for development of national standards in accordance with Section 3 Appendix II hereof.

b) Gathering feedbacks and completing the annual plan draft.

Directorate for Standards, Metrology, and Quality shall perform the following tasks:

b1) Send the draft annual plan to relevant Ministries, central authorities and organizations; publish it on the websites of the Ministry of Science and Technology and Directorate for Standards, Metrology, and Quality to gather feedback for 30 days from the publishing date;

b2) Gather and process comments on the draft;

b3) Take charge and cooperate with relevant Ministries, central authorities and organizations in completing the draft and submit it to the Minister of Science and Technology;

c) Approving the annual plan

The Minister of Science and Technology shall consider approving the annual plan in the beginning of the fourth quarter of the year preceding the planning year. The Ministry of Science and Technology shall notify the approved plan to relevant Ministries, central authorities and organizations and publish it on the websites of the Ministry of Science and Technology and Directorate for Standards, Metrology, and Quality for 15 days from the day on which the plan is approved;

d) Implementing annual plans

d1) On the basis of the approved annual plans, Ministers and heads of ministerial agencies shall organize their implementation.

d2) Every six months and whenever requested by the Ministry of Science and Technology, other ministries and ministerial agencies shall notify the Ministry of Science and Technology of the status and results of plan implementation. Directorate for Standards, Metrology, and Quality shall gather these notifications and submit them to the Minister of Science and Technology.

d3) Directorate for Standards, Metrology, and Quality shall supervise the implementation of annual plans for development of national standards and submit reports to the Ministry of Science and Technology on the status and results of implementation; provide professional instructions for standard development; participate in the national standard drafting process presided over by ministries and ministerial agencies.

dd) Revising annual plans

dd1) Annual plans for development of national standards shall be revised according to written proposals of relevant Ministries, ministerial agencies and organizations.

dd2) The Ministry of Science and Technology shall decide revisions in terms of schedule, method for development, withdrawal, addition and extension in annual plans for development of national standards.

dd3) Plans for development of national standards shall be revised in the following order:

- Relevant Ministries, ministerial agencies and organizations shall send written proposals for revision to annual plans for development of national standards to the Ministry of Science and Technology before every October 01 via Directorate for Standards, Metrology, and Quality;

- Revisions to annual plans shall be considered on the basis of the official annual plans for development of national standards;

- Directorate for Standards, Metrology, and Quality shall organize consideration of the proposed revisions on the basis of the official annual plans for development of national standards; submit reports to the Minister of Science and Technology for decision, notify the revisions to relevant Ministries, ministerial agencies and organizations, and publish them on the websites of the Ministry of Science and Technology and Directorate for Standards, Metrology, and Quality.

dd4) In special cases where it is necessary for state management or operation of enterprises, the procedures for revising national standard development plans shall be decided by the Minister of Science and Technology.

Article 5. Procedures for development, appraisal and publishing of national standards

1. Procedures for development, appraisal and publishing of national standards developed by ministries and ministerial agencies (except the Ministry of Science and Technology):

a) Step 1: establish a drafting board or team

The Ministry, ministerial agency or agency assigned to develop national standards shall establish a drafting board to draft the national standard;

b) Step 2: Draft the national standard

b1) The drafting board shall carry out assessment; collect researches on international standards, regional standards, foreign standards, relevant scientific research findings and documents; collect samples, carry out testing, experiments, operation, test run (if any) to determine technical characteristics, indicators and management requirements for the draft standard.

b2) The drafting board shall prepare the draft national standard and its description;

c) Step 3: Carry out survey and complete the draft

c1) The Ministry or ministerial agency shall carry out a survey by sending the draft national standard to relevant organizations, individuals and the corresponding national standard technical committee (hereinafter referred to as “technical committee”) via the head or secretary of the technical committee; announce the survey on the website of the Ministry or ministerial agency and the agency assigned to develop national standards. The survey duration shall be 60 days from the day on which the draft is published on these websites. In case of urgency related to health, safety or environment, the survey duration may be shorter but not shorter than 30 days.

c2) The drafting Ministry or ministerial agency shall organize a symposium participated by relevant parties in order to discuss and comment on the draft.

c3) The drafting board shall gather and process comments in order to complete the draft national standard, compile a draft national standard dossier according to Clause 1 Article 5 of the Government's Decree No. 127/2007/ND-CP, which is amended by Clause 4 Article 1 of Decree No. 78/2018/ND-CP, and send it to the drafting Ministry or ministerial agency for review before sending it to the Ministry of Science and Technology for appraisal.

c4) The Ministry or ministerial agency shall send an Official Dispatch enclosed with the draft national standard dossier to the Ministry of Science and Technology for appraisal;

d) Step 4: Appraise the draft national standard dossier

d1) Directorate for Standards, Metrology, and Quality shall examine the draft national standard dossiers sent by Ministries and ministerial agencies.

In case a draft national standard dossier is not satisfactory as prescribed in Clause 1 Article 5 of Decree No. 127/2007/ND-CP, which is amended by Clause 4 Article 1 of Decree No. 78/2018/ND-CP, Directorate for Standards, Metrology, and Quality shall send an Official Dispatch requesting the Ministry or ministerial agency to supplement the dossier.

d2) Directorate for Standards, Metrology, and Quality shall issue a decision to establish a draft national standard appraisal council on the basis of member proposal by Vietnam Standards and Quality Institute (VSQI) and relevant regulations.

- The appraisal council consists of the president, secretary and members who are representatives of management agencies, science and technology organizations, business organizations, national standard technical committees and experts in corresponding fields. The council shall have at least 07 members, 02 of them must have professional expertise to act as critics. One of the two critics must be an independent expert.

- A working session of the appraisal council must be attended by at least two thirds of the members, including the president and critics. Comments and assessments on the draft national standard must be fully provided. Representatives of relevant organizations may be invited to participate in the meeting.

- The council shall work on principle of democratic centralism. Verdicts of the council shall be ratified when it is voted for by at least 75% of the council members (if a member is absent, his/her previously sent comment and assessment of the draft national standard shall be considered).

d3) The appraisal council shall prepare an appraisal record according to Appendix IV hereof and send it to Directorate for Standards, Metrology, and Quality for consideration and notification of the appraisal result.

d4) The developing Ministry or ministerial agency shall gather, process comments and complete the draft national standard and relevant documents on the basis of the appraisal result, and send them to the Ministry of Science and Technology via Directorate for Standards, Metrology, and Quality within 120 days from the day on which the appraisal result is notified.

If the aforementioned deadline is not met, the appraisal process must be carried out again. Documentation for re-appraisal shall be prepared according to Point c (Step 3) Clause 1 of this Article;

dd) Step 5: Publish the national standard

Directorate for Standards, Metrology, and Quality shall gather and process comments, and prepare a draft national standard dossier.

dd1) If the draft national standard dossier is satisfactory, Directorate for Standards, Metrology, and Quality shall submit it to the Minister of Science and Technology for consideration and publishing.

dd2) If the draft national standard dossier is not satisfactory, Directorate for Standards, Metrology, and Quality shall send it to the developing Ministry or ministerial agency for supplementation.

2. Procedures for development, appraisal and publishing of national standards proposed by organizations and individuals

The proposing organization or individual shall send a written request enclosed with the draft national standard dossier to the Ministry of Science and Technology via Directorate for Standards, Metrology, and Quality. On the basis of the draft standard and the written request, Directorate for Standards, Metrology, and Quality shall consider assigning a corresponding technical committee to organize the standard development following these steps:

a) Step 1: draft the national standard (by technical committee)

a1) Establish a working group to draft the national standard on the basis of the draft provided by the proposing organization or individual.

a2) Organize survey and discussion about the draft in the technical committee.

a3) Complete and write a description of the draft national standard.

a4) Prepare the draft national standard dossier and submit it to Directorate for Standards, Metrology for deciding whether to send out the draft national standard for feedback;

b) Step 2: Carry out survey and complete the national standard draft

b1) The technical committee shall send out the draft national standard for feedback.

b2) Publish the draft national standard and the survey notification on the website of Directorate for Standards, Metrology, and Quality for 60 days. In case of urgency related to health, safety or environment, the survey duration may be shorter but not shorter than 30 days.

b3) Organize a symposium to discuss and comment on the draft national standard.

b4) Organize processing and completion of the draft national standard and compile the draft national standard dossier according to Clause 2 Article 5 of the Government's Decree No. 127/2007/ND-CP, which is amended by Clause 4 Article 1 of Decree No. 78/2018/ND-CP, then submit it to Directorate for Standards, Metrology, and Quality for appraisal;

c) Step 3: Appraise the draft standard dossier

c1) Directorate for Standards, Metrology, and Quality shall establish an appraisal council. The appraisal shall be carried out following the procedures specified in Point d (Step 4) Clause 1 of this Article.

c2) The appraisal council shall prepare an appraisal record which contains specific verdict and comments; The technical committee shall receive and process the comments, then send them to Directorate for Standards, Metrology, and Quality for consideration and decision;

d) Step 4: Publish the national standard

Directorate for Standards, Metrology, and Quality shall compile the draft national standard dossier and submit it for approval.

d1) If the draft national standard dossier is satisfactory, Directorate for Standards, Metrology, and Quality shall submit it to the Minister of Science and Technology for consideration and publishing.

d2) If the draft national standard dossier is not satisfactory, Directorate for Standards, Metrology, and Quality shall send it to the technical committee for supplementation before submitting it to the Minister of Science and Technology for consideration and publishing.

3. Procedures for development, appraisal and publishing of national standards developed by the Ministry of Science and Technology

Directorate for Standards, Metrology, and Quality shall assign the corresponding technical committee to draft the national standard. Procedures for development, appraisal and publishing of a national standard:

a) Step 1: draft the national standard (by technical committee)

a1) Establish a working group to draft the national standard.

a2) Research international standards, regional standards, foreign standards, relevant scientific research findings and documents; carry out assessment; collect samples, carry out testing, experiments (if any) to determine technical characteristics and indicators of the draft standard.

a3) Organize survey and discussion about the draft in the technical committee.

b) Step 2: Carry out survey and complete the draft national standard

b1) Carry out the survey by sending the draft national standard to relevant organizations and individuals; announce the survey on the website of Directorate for Standards, Metrology, and Quality for 60 days. In case of urgency related to health, safety or environment, the survey duration may be shorter but not shorter than 30 days.

 b2) Organize a symposium participated by relevant organizations and individuals in order to discuss and comment on the draft.

b3) Gather and process comments to complete the draft national standard; compile the draft national standard dossier according to Clause 3 Article 5 of the Government's Decree No. 127/2007/ND-CP, which is amended by Clause 4 Article 1 of Decree No. 78/2018/ND-CP, then send it to Directorate for Standards, Metrology, and Quality for appraisal;

c) Step 3: Appraise the draft standard dossier

Directorate for Standards, Metrology, and Quality shall establish an appraisal council. The appraisal shall be carried out following the procedures specified in Point d (Step 4) Clause 1 of this Article.

d) Step 4: Publish the national standard

Directorate for Standards, Metrology, and Quality shall compile the draft national standard dossier and submit it for approval.

d1) If the draft national standard dossier is satisfactory, Directorate for Standards, Metrology, and Quality shall submit it to the Minister of Science and Technology for consideration and publishing.

d2) If the draft national standard dossier is not satisfactory, Directorate for Standards, Metrology, and Quality shall send it to the technical committee for supplementation before submitting it to the Minister of Science and Technology for consideration and publishing.

Article 6. Presentation of national standard contents and archiving of draft national standard dossiers

1. The presentation of national standard contents shall comply with TCVN 1-2:2008 Development of standards - Part 2: Rules for the structure and drafting of National Standards and guidelines of the Directorate for Standards, Metrology, and Quality.

2. Draft national standard dossiers shall be archived at Directorate for Standards, Metrology, and Quality in accordance with regulations of law on archiving documents.

Article 7. Periodic review, revision, supplementation, replacement and annulment of national standards

1. Periodic review of national standards

a) Every year, Directorate for Standards, Metrology, and Quality shall compile a list of national standards that have to undergo review after 3 years and include them in the annual plan for development of national standards.

b) Directorate for Standards, Metrology, and Quality shall take charge and cooperate with Ministries and central authorities in carrying out periodic review of the national standards on the list mentioned in Point a of this Clause.

c) Procedures for periodic review of national standards

c1) Directorate for Standards, Metrology, and Quality shall organize and provide guidelines on performance of the following tasks:

- Send the list of national standards that need reviewing to relevant Ministries and central authorities for review;

- Organize the review of national standards outside of the fields of management of these Ministries and central authorities.

c2) Results of periodic national standard review enclosed with descriptions shall be sent by Ministries and central authorities to the Ministry of Science and Technology via Directorate for Standards, Metrology, and Quality for consolidation and processing. To be specific:

- Inspect, assess and consolidate review results provided by Ministries and central authorities; send the consolidated result to relevant Ministries, central authorities, organizations and individuals for comments;

- Consolidate, process comments; prepare a national standard review dossier as the basis for development of the annual national standard development plan, and report to the Ministry of Science and Technology.

d) The periodic national standard review dossier includes:

d1) A document prepared by Directorate for Standards, Metrology, and Quality about the review results and proposals;

d2) Response to comments and written comments from relevant organizations and individuals;

d3) Other relevant documents (if any).

2. Revision, supplementation, replacement of national standards

a) Revision, supplementation, replacement of national standards shall be included in annual national standard development plans according to Clause 3 Article 4 of this Circular.

b) Revision, supplementation, replacement of national standards shall be carried out following the procedures specified in Clauses 1, 2, 3 Article 5 of this Circular.

c) Results of revision, supplementation, replacement of national standards are decisions on publishing of revisions to national standards or replacement of national standards.

3. Annulment of national standards

a) Annulment of national standards on the basis of periodic national standard review

On the basis of approved results of periodic review, Directorate for Standards, Metrology, and Quality shall prepare an application for annulment of national standards, submit it to the Minister of Science and Technology for consideration and decision. An application includes:

a1) The national standards proposed for annulment;

a2) Comments of relevant Ministries, central authorities, organizations and individuals about annulment of the national standards during the review;

a3) Other relevant documents (if any);

a4) An Official Dispatch of Directorate for Standards, Metrology, and Quality proposing annulment of the national standards enclosed with descriptions.

b) Annulment of national standards on request of Ministries, central authorities, technical committees, organizations and individuals

Ministries, central authorities, technical committees, organizations and individuals shall prepare applications for annulment of national standards; submit it to Directorate for Standards, Metrology, and Quality for consideration and appraisal. Directorate for Standards, Metrology, and Quality shall appraise the applications for annulment of national standards; submit the appraisal results to the Minister of Science and Technology and draft a decision on annulment of national standards. An application includes:

b1) The national standards proposed for annulment;

b2) Written proposals of Ministries, central authorities, technical committees, organizations and individuals specifying the reasons, legal basis, scientific basis for annulment;

b3) Comments of organizations and individuals;

b4) Other relevant documents (if any).

4. Dossiers on periodic review, revision, supplementation, replacement, annulment of national standards shall be archived at Directorate for Standards, Metrology, and Quality in accordance with regulations of law on archiving documents.

Article 8. National standard symbols

1. The symbol of a national standard includes a number, publishing year after the abbreviation “TCVN”, separated by a colon (:).

Example: TCVN 1234:2019 is the symbol of National Standard No. 1234, published in 2019.

2. If a national standard is an identical adoption of an international standard, its symbol shall include “TCVN” and the symbol of the international standard in parentheses, separated by an auto space.

Example: TCVN 1234:2018 (ISO 1035:2012)

The symbol of a national standard shall be displayed on the cover as follows:

a) Part 1 of the symbol shall be displayed on the top, including the symbol as prescribed in Clause 1 of this Article;

b) Part 2 of the symbol shall be displayed underneath, including the full symbol of the identically adopted international standard.

Example: TCVN 6666:2019
               ISO/IEC 8888:2010

Where: National Standard No. 6666 is an identical adoption of ISO/IEC 8888:2010 and is published in 2019;

c) In special cases where a national standard is an identical adoption of an international standard for management system, smart city, sharing economy, etc, its symbol shall be written in the following format:

TCVN, auto space, abbreviation of the adopted international standard, auto space, number of the adopted international standard, colon (:), publishing year, space, and full symbol of the adopted international standard in parentheses.

Example: TCVN ISO 22301:2018 (ISO 22301:2012) is an identical adoption of international standard ISO 22301:2012 about Societal Security - Business Continuity Management Systems – Requirements, and published in 2018.

On the cover, they will be displayed as follows:

TCVN ISO 22301:2018

ISO 22301:2012

3. The symbol of a replacing national standard includes the number of the replaced national standard (same number), year of publishing of the replacing national standard, separated by a colon (:) and placed after “TCVN”

Example: TCVN 1234:2019 is the symbol of the national standard which is published in 2019 and replaces TCVN 1234:2010

If a national standard replaces multiple national standards or part of a national standard, it shall be designated a new number.

4. The symbol of the revision of a national standard includes the phrase “SỬA DỔI” (“REVISION”), a number, and publishing year separated by a colon (:) before the symbol of the revised national standard.

Example: SỬA DỔI 1:2018 TCVN 1111:2010 is the symbol of the first revision to TCVN 1111:2010, published in 2018.

5. The symbol and full name of a national standard shall be specified in the Decision on publishing of the national standard.

Article 9. Notification, publishing, release and dissemination of national standards

1. Notification of national standards

Directorate for Standards, Metrology, and Quality shall notify the publishing, revision, replacement or annulment of national standards on its website and appropriate media for 30 days from the day on which the decision is signed by the Minister of Science and Technology.

2. Publishing and release of national standards

a) National standards shall be published and released in the form of printed copies and electronic copies.

b) Revisions to national standards shall be published separately until the standards are re-published.

In case a national standard has multiple parts, each part can be bound separately or together as a multiple-part standard for the sake of convenience.

c) Directorate for Standards, Metrology, and Quality shall publish and release a national within 60 days from the day on which the decision on publishing is signed by the Minister of Science and Technology.

d) Ministries and central authorities may publish and release national standards they draft after reaching a consensus with Directorate for Standards, Metrology, and Quality on the form of publishing and release, ensure accuracy of contents and standard symbols, and take responsibility for protection of copyright of international standards, regional standards, foreign standards and relevant regulations of law.

dd) Organizations and individuals may only publish or release their national standards after Directorate for Standards, Metrology, and Quality issues written consensus.

3. Dissemination of national standards

a) Directorate for Standards, Metrology, and Quality, on behalf of the Ministry of Science and Technology, shall cooperate with relevant Ministries and central authorities in preparing the plan for dissemination of published national standards.

b) Ministries and central authorities shall take charge and cooperate with relevant organizations in disseminating national standards in their fields.

c) Dissemination of national standards can be carried out in various manners: conferences, seminars, training, and other forms.