Decision No. 12/2003/QD-BKHCN dated May 26, 2003 of the Ministry of Science and Technology promulgating the charter on organization and operation of the standardization, metrology and quality control notification authority and inquiry point

DECISION

PROMULGATING THE CHARTER ON ORGANIZATION AND OPERATION OF THE STANDARDIZATION, METROLOGY AND QUALITY CONTROL NOTIFICATION AUTHORITY AND INQUIRY POINT

THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to the Government's Decree No. 22/CP of May 22, 1993 on the tasks, powers and organizational apparatus of the Ministry of Science, Technology and Environment (now the Ministry of Science and Technology);

Pursuant to the Science and Technology Minister's Decision No. 356/QD-BKHCN of March 25, 2003 on the establishment of the Standardization, Metrology and Quality Control Notification Authority and Inquiry Point;

At the proposals of the General Director of Standardization, Metrology and Quality Control and the director of the Department for Organization and Scientific Personnel,

DECIDES:

Article 1.- To promulgate together with this Decision the Charter on organization and operation of the Standardization, Metrology and Quality Control Notification Authority and Inquiry Point.

The Charter comprises 5 chapters with 12 articles.

Article 2.- This Decision takes effect 15 days after its publication in the Official Gazette.

Article 3.- The director of the Ministry's Office, the General Director of Standardization, Metrology and Quality Control, the director of the Standardization, Metrology and Quality Control Notification Authority and Inquiry Point, the director of the Department for Organization and Scientific Personnel and the heads of the concerned units shall have to implement this Decision.

CHARTER

ON ORGANIZATION AND OPERATION OF THE STANDARDIZATION, METROLOGY AND QUALITY CONTROL NOTIFICATION AUTHORITY AND INQUIRY POINT
(Promulgated together with the Science and Technology Minister's Decision No. 12/2003/QD-BKHCN of May 26, 2003)

Chapter I

GENERAL PROVISIONS

Article 1.- The Standardization, Metrology and Quality Control Notification Authority and Inquiry Point (called Vietnam TBT Point for short) is a non-business unit with revenues under the General Department of Standardization, Metrology and Quality Control, a national body designated to provide inquiry and notification of the standardization, metrology and quality control regulations related to technical barriers to trade (TBT) of the World Trade Organization (WTO).

Its transaction name in English: Vietnam WTO/TBT Notification Authority and Inquiry Point.

Article 2.- Vietnam TBT Point shall have the legal person status, its own seal for making transactions and be entitled to open accounts at the State Treasury and the State Bank.

Article 3.- Vietnam TBT Point's head office is located in Hanoi.

Chapter II

TASKS AND POWERS

Article 4.- Vietnam TBT Point shall have the following principal tasks and powers:

1. To notify Vietnam's technical regulations and processes for evaluating the compatibilities, which have been and will be applied, to the WTO's Secretariat; at the same time to receive and disseminate the WTO member countries' notifications to relevant domestic organizations under the WTO's guidance.

2. To answer inquiries about technical regulations and standards (including drafts) and processes for evaluating the compatibilities, which have been and will be applied, and other matters related to standardization, metrology, quality control and technical barriers to trade in compatibility with the regulations of the WTO/TBT Agreement;

3. To organize and participate in professional activities of guiding and disseminating knowledge on technical barriers to trade to relevant agencies, organizations and individuals;

4. To participate in bilateral and multilateral international cooperation activities on technical barriers to trade according to the assignment of the General Department of Standardization, Metrology and Quality Control;

5. To sign and execute projects and contracts on providing information and consultancy on technical barriers to trade with domestic and foreign organizations and individuals in order to perform the above-said tasks according to the State's current regulations;

6. To perform other tasks assigned by the General Department of Standardization, Metrology and Quality Control;

7. To manage personnel, finance and assets of Vietnam TBT Point according to the current provisions of law.

Chapter III

ORGANIZATIONAL STRUCTURE AND WORKING RELATIONSHIPS

Article 5.- Vietnam TBT Point shall be organized and operate according to the single-boss regime.

The Point's director shall be appointed by the General Director of Standardization, Metrology and Quality Control after obtaining the consent of the Science and Technology Ministry's leadership.

The Point's director shall be answerable to the General Director of Standardization, Metrology and Quality Control and law for all activities of the Point.

The Point's deputy-director shall have to assist the director in leading the Point be answerable to the director for the assigned tasks.

Article 6.- Vietnam TBT Point's payroll shall be decided by the General Director of Standardization, Metrology and Quality Control within the total payroll approved for the General Department of Standardization, Metrology and Quality Control. The remaining personnel shall work under the labor contract regime.

Article 7.- Vietnam TBT Point is composed of the following sections:

1. The Section for General Administrative Affairs;

2. The Professional Section for Notification and Answer of Questions about Technical Barriers for Trade;

3. When having demands, the Point may open its branches in Da Nang city, Ho Chi Minh city and a number of other localities according to law provisions.

Article 8.- Vietnam TBT Point shall have to closely coordinate with units and organizations inside and outside the General Department of Standardization, Metrology and Quality Control in order to perform the tasks prescribed in Article 4 of this Charter.

Chapter IV

FINANCIAL ACTIVITIES

Article 9.- Vietnam TBT Point is a non-business unit with revenues.

Vietnam TBT Point's financial sources include:

1. The source allocated by the State budget;

2. Lawful revenue sources from the execution of projects and contracts for providing information and consultancy on technical barriers to trade to relevant agencies, organizations and individuals;

3. Funds provided by domestic and foreign organizations and individuals;

4. Other sources.

Article 10.- The director of Vietnam TBT Point shall have to efficiently use the Point's financial sources and effect the financial management according to the current law provisions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 11.- This Charter takes effect 15 days after its publication in the Official Gazette.

Article 12.- The General Director of Standardization, Metrology and Quality Control shall coordinate with the director of the Department for Organization and Scientific Personnel in proposing amendments and/or supplements to this Charter to the Minister of Science and Technology for consideration and decision.