Decision No. 09/2006/QD-BKHCN dated May 04, 2006 of the Ministry of Science and Technology promulgating the Regulation on procedures for notification and enquiry handling by Vietnam's network of notification authorities and enquiry points on technical barriers to trade

DECISION

PROMULGATING THE REGULATION ON PROCEDURES FOR NOTIFICATION AND ENQUIRY HANDLING BY VIETNAM'S NETWORK OF NOTIFICATION AUTHORITIES AND ENQUIRY POINTS ON TECHNICAL BARRIERS TO TRADE

THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to the Government's Decree No. 54/2003/ND-CP of May 19, 2003, defining the functions, powers and organizational structure of the Science and Technology Ministry, and Decree No. 28/2004/ND-CP of 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. 114/2005/QD-TTg of May 26, 2005, establishing and promulgating the Regulation on organization and operation of, Vietnam's Network of Notification Authorities and Enquiry Points on Technical Barriers to Trade;

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 Regulation on procedures for notification and enquiry handling by Vietnam's Network of Notification Authorities and Enquiry Points on Technical Barriers to Trade.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO." Particularly, the notification of legal documents on techniques and conformity assessment procedures according to the provisions of Article 1 of this Decision shall be carried out as from the date Vietnam officially joins the World Trade Organization (WTO).

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, the heads of the notification authorities and enquiry points of Vietnam's Network of Notification Authorities and Enquiry Points on Technical Barriers to Trade, and other concerned organizations and individuals shall have to implement this Decision.

REGULATION

ON PROCEDURES FOR NOTIFICATION AND ENQUIRY HANDLING BY VIETNAM’S NETWORK OF NOTIFICATION AUTHORITIES AND ENQUIRY POINTS ON TECHNICAL BARRIERS TO TRADE
(Promulgated together with the Science and Technology Minister’s Decision No. 09/2006/QD-BKHCN of May 4, 2006)

Chapter I

GENERAL PROVISIONS

Article 1.- This document provides for the procedure for notification of Vietnam’s legal documents on technique, technical regulations and conformity assessment procedures which may have an effect on trade of WTO member countries and other notification requirements laid down by this organization; and the procedure for handling of enquiries into legal documents on techniques, technical regulations, standards and conformity assessment procedures of Vietnam and WTO member countries.

This Regulation applies to organizations within Vietnam’s Network of Notification Authorities and Enquiry Points on Technical Barriers to Trade established under the Prime Minister’s Decision No. 114/2005/QD-TTg of May 26, 2005, and other relevant organizations mentioned in this Decision.

Article 2.- Terms referred to in this Decision are those provided for in Guide 2 of the International Organization for Standardization (ISO) and in relevant Vietnam standards.

In addition, in this Decision the terms below are construed as follows:

1. Legal document on technique means a legal document on standards, metrology and quality promulgated by competent state agencies.

2. Technical regulation means a regulation on characteristics and technical and managerial requirements which products, goods, services, processes, environment and other objects involved in socio-economic activities must comply with in order to ensure human safety, hygiene and health; protect animals, plants and the environment; protect national interests and security, consumers’ benefits, and fulfill other essential requirements. Technical regulations are promulgated by competent state management agencies in the written form for mandatory application.

3. Standard means technical characteristics and requirements which products, goods, services, processes, environment and other objects should fulfill to raise productivity, quality and efficiency of socio-economic activities. A standard shall be promulgated by an organization in the written form for voluntary application.

4. Conformity assessment procedure means a procedure for assessing whether requirements laid down in a legal document on technique or technical regulation are fulfilled.

5. Acronyms of the names of the regional and international agencies and organizations and other expressions in English used to in this Decision include:

a/ APEC: Asia-Pacific Economic Cooperation;

b/ CCCN: Customs Cooperation Council Nomenclature;

c/ CRN: Central Registry of Notifications;

d/ HS: Harmonized Commodity Description and Coding System;

e/ ICS: International Classification for Standards for Numbering System;

f/ IEC: International Electrotechnical Commission;

g/ ISO: International Organization for Standardization;

h/ ISONET: ISONetwork;

i/ SPS: Sanitary and Phytosanitary;

j/ TBT: Technical Barriers to Trade;

k/ WTO: World Trade Organization.

6. The names of the agencies and organizations of the Network of Notification Authorities and Enquiry Points on Technical Barriers to Trade are abbreviated as follows:

a/ TBT Network means Vietnam’s Network of Notification Authorities and Enquiry Points on Technical Barriers to Trade;

b/ Vietnam TBT Office means the National Standardization, Metrology and Quality Control Notification Office and Enquiry Point;

c/ Ministerial TBT focal points mean ministerial notification authorities and enquiry points on technical barriers to trade;

d/ Local TBT focal points mean provincial/municipal notification authorities and enquiry points on technical barriers to trade.

The list and signs of ministerial and local TBT focal points shall be specified in a specific document issued by the Science and Technology Ministry.

Article 3.- This Regulation has been formulated on the basis of the Regulation on organization and operation of the TBT network promulgated together with the Prime Minister’s Decision No. 114/2005/QD-TTg of May 26, 2005, and with reference to relevant guidelines of the TBT Committee of the WTO and the APEC.

Article 4.-

1. Regarding the function of notification of Vietnam’s legal documents on technique, technical regulations and conformity assessment procedures which may have an effect on trade of the WTO member countries, the Vietnam TBT Office shall act as the sole agency dealing with external affairs in notification work under the TBT Agreement. Ministerial and local TBT focal points shall perform this function through the Vietnam TBT Office.

2. Regarding the function of answering enquiries into technical barriers to trade of the WTO member countries and Vietnam

This function shall be performed on the principle that organizations in the TBT network which first receive enquiries shall be responsible for giving answers thereto.

Where answers are beyond their capability, the said organizations shall forward such enquiries to appropriate organizations for consideration and answering. Answers of those appropriate organizations may be directly forwarded to the enquirers or communicated to the organizations which first received the enquiries for forwarding to the enquirers.

In order to avoid duplication or contradiction in answering enquiries received from any organization or individual at home or abroad, all received enquiries and answers must be forwarded to the Vietnam TBT Office for communication to ministerial and local TBT focal points of the TBT network.

3. In order to ensure the timing and professional accuracy and fulfill the requirements for supply of relevant information, the Vietnam TBT Office and ministerial and local TBT focal points shall strictly comply with the provisions of Clauses 2 and 4, Article 10 of the Regulation on organization and operation of the TBT network promulgated together with the Prime Minister’s Decision No. 114/2005/QD-TTg of May 26, 2005.

4. In order to ensure the effective coordination with the Vietnam SPS Office, the Vietnam TBT Office shall, in the course of performing the function of TBT notification and enquiry handling, have to notify to and coordinate with ministerial and local TBT focal points in the TBT network in handling issues related to SPS measures.

Chapter II

PROCEDURES FOR TBT NOTIFICATION AND ENQUIRY

Article 5.- The procedure for notification of legal documents on technique, technical regulations and conformity assessment procedures is specified in Appendix I.

This procedure applies to the notification of Vietnam’s draft legal documents on technique, draft technical regulations and conformity assessment procedures (both central and local) which may have an effect on trade of other WTO member countries.

In the course of implementing this procedure, the Vietnam TBT Office and ministerial and local TBT focal points must determine whether measures set forth in legal documents on technique, technical regulations and conformity assessment procedures come under the TBT Agreement or SPS Agreement, and at the same time ascertain whether such measures may have a significant effect on trade of the WTO member countries before preparing and sending notifications to the WTO.

Article 6.- The procedure for notification of bilateral or multilateral agreements on issues related to legal documents on technique, technical regulations, standards and conformity assessment procedures is specified in Appendix II.

This procedure applies to the notification of bilateral or multilateral agreements on legal documents on technique, technical regulations, standards and conformity assessment procedures which the Vietnamese Government or the agency authorized by the Vietnamese Government has signed or acceded to.

Article 7.- The procedure for notification of acceptance of or withdrawal from the Code of Good Practice for the Preparation, Adoption and Application of Standards is specified in Appendix III.

This procedure applies to the acceptance of or withdrawal from the Code of Good Practice for the Preparation, Adoption and Application of Standards in Appendix 3 to the TBT Agreement by Vietnam’s standardizing organizations.             

Vietnam’s standardizing organization may be the national standardizing organization or a specialized standard organization. The said acceptance or withdrawal is voluntary.

Article 8.- The procedure for processing notifications of other WTO members is specified in Appendix IV.

This procedure applies to the receipt of and making of comments in response to other WTO member countries’ notifications on their draft legal documents on technique, draft technical regulations and conformity assessment procedures.

The Vietnam TBT Office shall have to receive and forward notifications of other WTO member countries to ministerial and local TBT focal points or relevant agencies for awareness, study and comments when necessary.

Article 9.- The procedure for handling enquiries about information relating to legal documents on technique, technical regulations, standards and conformity assessment procedures is specified in Appendix V.

This procedure applies to the answering of enquiries about relevant information and measures set forth in legal documents on technique, technical regulations, standards and conformity assessment procedures sent by agencies, organizations and individuals at home or abroad to the Vietnam TBT Office and ministerial and local TBT focal points.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10.- The General Department of Standardization, Metrology and Quality Control shall have to organize the dissemination and implementation of this Regulation.

Article 11.- Any amendment and supplement to this Regulation shall be proposed by the general director of the General Department of Standardization, Metrology and Quality Control to the Science and Technology Minister for decision.