Decision No. 05/2007/QD-BKHCN dated March 30, 2007 of the Ministry of Science and Technology promulgating the program for realization of the scheme on implementation of the agreement on technical barriers to trade in the 2006-2010 period

DECISION

PROMULGATING THE PROGRAM FOR REALIZATION OF THE SCHEME ON IMPLEMENTATION OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE IN THE 2006-2010 PERIOD

THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to the Government’s Decree No. 54/2003/ND-CP dated May 19, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/ND-CP dated January 16, 2004, amending and supplementing a number of Articles of Decree No. 54/2003/ND-CP; Pursuant to the Prime Minister’s Decision No.444/QD-TTg dated May 26, 2005, approving the Scheme on implementation of the Agreement on Technical Barriers to Trade;

After reaching agreement with ministries, branches and localities;

At the proposal of the general director of the General Department of Standardization, Metrology and Quality Control,

DECIDES:

Article 1.

To promulgate together with this Decision the Program for realization of the Scheme on implementation of the agreement on Technical Barriers to Trade in the 2006-2010 period.

Article 2.

This Decision takes effect 15 days after its publication in CONG BAO.

Article 3.

The director of the Office, the director of the Organization and Personnel Department, the general director of the General Department of Standardization, Metrology and Quality Control, members of the Inter-sectoral Committee for Technical Barriers to Trade, and other concerned organizations and individuals shall implement this Decision.

PROGRAM

FOR REALIZATION OF THE SCHEME ON IMPLEMENTATION OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE IN THE 2006-2010 PERIOD
(Promulgated together with Decision No. 05/2007/QD-BKHCN dated March 30, 2007, of the Minister of Science and Technology)

In order to fulfill the obligations defined in the Agreement on Technical Barriers to Trade (The TBT Agreement) of the World Trade Organization (WTO) after Vietnam enters into this organization, the Prime Minister, in Decision No.444/QD-TTg dated May 26, 2005, approved the Scheme on implementation of the TBT Agreement (below referred to as the TBT Scheme for short).

In furtherance of the Prime Minister's Decision, the Ministry of Science and Technology has direct the Inter-Sectoral Committee for Technical Barriers to Trade (referred to as the TBT Inter-Sectoral Committee for short) to formulate the Program for realization of the TBT Scheme in the 2006-2010 period. Specifically as follows:

I. CONTENTS OF THE PROGRAM

1. Perfection of technical regulations

a) Ministries, branches and localities shall review and modify the promulgated Vietnam standards, branch standards and technical regulations, processes and documents which are subject to compulsory application in service of state management in order to convert them into technical regulations in accordance with Vietnamese law and the TBT agreement’s principles.

b) To perfect legal provisions on the elaboration, promulgation and application of technical regulations.

c) Ministries, branches and localities shall pay attention to transparency in the elaboration and promulgation of technical regulations. Specifically:

- To publish all draft technical regulations in supplements to and on the website of' CONG BAO or in the register of technical regulations;

- To receive and process comments of all parties that are interested in the above drafts; the duration for giving comments is at least 60 days before the promulgation of technical regulations.

- To observe WTO regulations and the Law on Standards and Technical Regulations regarding the effective time of technical regulations.

2. Perfection of Vietnam standards

a) To complete the conversion of branch standards into national standards.

b) By 2010, to raise the rate of harmonization of national standards (Vietnam standards) with international standards to 35-40%, especially in such priority domains as food quality, safety and hygiene administration, environmental protection; improvement of the quality of key and potential exports; and e-commerce.

c) To make preparations to ensure that from 2010, Vietnam standards will be reviewed at least every 5 years so as to meet the requirements of state management, production and business, and to suit the scientific and technological development levels of Vietnam and the world.

d) To step up socialization of standardization activities and encourage all organizations and individuals to participate in elaborating and applying standards.

e) To improve professionalism and computerize activities of technical boards for national standards with a view to step by step raising the quality and speed up the elaboration of national standards.

3. Planning and perfection of material and technical foundations for conformity assessment activities

a) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned agencies in, formulating and submitting to the Prime Minister for approval a scheme on enhancing conformity assessment activities. Once the Scheme approved by the Prime Minister, ministries, branches and localities should concentrate on performing the following tasks:

- To elaborate and implement plannings on the development of conformity assessment organizations (test, standardization, evaluation, inspection, certification, appraisal, recognition) to meet the requirements of state management and production and business activities, paying special attention to key economic regions;

- To enhance technical capacity and provide training for improving the quality of human resources to meet the requirements of conformity assessment activities.

b) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned agencies in, drawing up a plan to control and prevent the import of inferior-quality goods into Vietnam and submitting it to the Prime Minister for approval.

c) The Ministry of Science and Technology shall coordinate with concerned ministries and branches in applying measures to ensure the implementation of the signed mutual recognition agreements on standardization, metrology and quality control in compliance with the commitments in this domain within the ASEAN-APEC cooperation framework; and, at the same time, explore the possibility of signing similar agreements with other WTO member states.

4. Intensification of international cooperation on TBT-related matters

a) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, studying TBT's negative impacts on Vietnam's import and export activities, and propose remedies to those impacts.

b) Ministries, branches and localities shall continue seeking technical assistance from WTO member states and international organizations so as to fulfill the obligations defined in the TBT Agreement; study and exchange experience with WTO member states on the implementation of the TBT Agreement, especially experience related to transparency and the settlement of TBT-related trade disputes between member states; and propose appropriate solutions to fulfilling the obligations of Vietnam as a WTO member.

5. Activities of the TBT Inter-Sectoral Committee and the TBT network

a) Activities of the TBT Inter-Sectoral Committee

- To study WTO regulations and guidance on TBT and propose programs and plans for their implementation in Vietnam.

- To study and propose measures to ensure compatibility of Vietnam's standards, technical regulations and conformity assessment processes with WTO regulations and guidance on TBT.

- To study processes and procedures for the settlement of TBT-related trade disputes and take the initiative in proposing measures to settle those disputes.

- To study, propose and apply measures to enhance coordination among ministries and branches in the implementation of TBT-related programs and plans; to support relevant local agencies and organizations in the performance of TBT-related tasks.

- To perform other tasks defined in the Regulation on organization and operation of the TBT Inter-Sectoral Committee promulgated together with Decision No. 07/2006/QD-BKHCN dated March 20, 2006, of the Minister of Science and Technology.

b) Activities of the TBT network

- To complete the establishment of ministerial-level and local TBT Notification Authorities and Enquiry Points (referred to as TBT Points for short) and put them to operation.

- On the basis of state budget allocations and foreign technical assistance, to ensure personnel and working conditions for the operation of ministerial- level and local TBT Points so as to meet the requirements specified in the Prime Minister's Decision No. 114/2005/QD-TTg dated May 26, 2005, establishing, and promulgating the organization and operation regulation of Vietnam’s Network of TBT Notification Authorities and Enquiry Points, Priority shall be given to the following:

+ Within the scope of ministries’, branches' and localities' management, to establish databases on technical regulations of Vietnam and WTO member states, with priority given to potential export markets;

+ To furnish office equipment and information technology equipment and ensure personnel, material and technical foundations and funds for the performance of the assigned tasks;

+ To administer databases and take the initiative in supplying information to agencies or enterprises at their request;

+ To provide professional knowledge about notification and enquiry to meet WTO regulations.

6. Communication and dissemination

a) Ministries, branches and localities shall, according to their competence, direct concerned units and organizations to perform the following tasks:

- To compile documents for disseminating, communicating and training on the TBT Agreement and relevant matters with a view to meeting agencies' and organizations' diversified needs for information, and on the application of measures to raise the competitiveness of enterprises.

- To disseminate and propagate about the TBT Agreement and relevant matters in the mass media and in other media to all entitles of the economy.

b) The TBT Network's agencies and organizations should take the initiative and coordinate with one another in building and properly exploiting the TBT-related information infrastructure in service of the Network’s activities as well as agencies' and enterprises' needs for TBT-related information. To provide information on the names, addresses and tasks of the TBT Network's agencies and organizations to interested agencies, organizations and individuals for contact when necessary.

7. Evaluation of the results of implementation of the Scheme and adoption of further measures

a) To organize reviews of three years' and five years' implementation of the TBT Scheme and the Program of action in implementation of the Scheme of the Prime Minister.

b) To evaluation the results of implementation of the TBT Scheme and this Program and propose further measures.

II. ORGANIZATION OF IMPLEMENTATION OF THE PROGRAM

1. Responsibilities of agencies and organizations for implementation of the Program

Specific tasks, expected outcomes, progress, and agencies and organizations involved in implementation of the Program for realization of the TBT Scheme in the 2006-2010 period are specified in the Appendix to this Document.

2. Planning and funding the implementation of the Program

The planning for performance of the Program's tasks and the funding of the Program's activities must comply with the Science and Technology Minister’s Decision No. 16/2006/QD-BKHCN dated August 23, 2006, promulgating the regulation on performance of the tasks under the Scheme on implementation of the TBT Agreement in the 2006-2010 period, and Decision No. 25/2006/QD-BKHCN dated December 4, 2006, promulgating the Regulation on expenses for performance of the tasks under the Scheme on implementation of the TBT Agreement in the 2006-

2010 period.

3. Amendment and supplementation of the Program

After consulting concerned ministries, branches and localities, the Inter-Sectoral Committee shall propose amendments or supplements to the Program to the General Department of Standardization, Metrology and Quality Control for submission to the Ministry of Science and Technology for consideration and decision.

APPENDIX

PROGRAM FOR REALIZATION OF THE TBT SCHEME IN THE 2006-2010 PERIOD
(Enclosed with Decision No. 05/2007/QD-BKHCN dated March 30, 2007 of the Minister of Science and Technology)