Decision No. 30/2006/QD-BGTVT dated August 10, 2006 of the Ministry of Transport providing for the application of new materials and/or new technologies in the construction of traffic works in Vietnam

DECISION

PROVIDING FOR THE APPLICATION OF NEW MATERIALS AND/OR NEW TECHNOLOGIES IN THE CONSTRUCTION OF TRAFFIC WORKS IN VIETNAM

THE MINISTER OF TRANSPORT

Pursuant to Construction Law No. 16/2003/QH11 of November 26, 2003, of the XIth National Assembly, the 4th session,

Pursuant to the Government's Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government's Decree No. 179/2004/ND-CP of October 21, 2004, providing for the state management of product and goods quality;

Pursuant to the Government's Decree No. 11/2005/ND-CP of February 2, 2005, stipulating in detail technology transfer (amended);

At the proposal of the director of the Science and Technology Department,

DECIDES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation and subjects of application

1. This document provides for conditions, principles, procedures and competence to approve the application of new materials and new technologies in the construction of traffic works in the Vietnamese territory with capital of all sources.

2. This document applies to domestic and foreign organizations and individuals engaged in the application of new materials and new technologies in the construction of traffic works in the Vietnamese territory.

Article 2.- Interpretation of terms

1. New materials means assorted raw materials, additives, chemicals, finished structures, etc., which are applied for the first time in the construction of traffic works in Vietnam but have not yet been mentioned in current Vietnamese technical standards or regulations, differ from technical requirements specified in Vietnamese standards, or have not yet been mentioned in technical standards or specifications of foreign countries or international standard organizations as provided for by the Regulation on the application of foreign construction standards in construction activities in Vietnam, issued together with the Construction Ministrys Decision No. 09/2005/QD-BXD of April 7, 2005.

2. New technologies means technological know-how and knowledge in the forms of technological plan, technical solution, technological process, pre-design document and technical design, and computer software with or without accompanying machines and equipment, which contain new elements as compared with technologies currently applied or have not yet been applied in Vietnam and are capable of bringing about technical, quality, tempo and cost efficiency in the construction of traffic works in Vietnam.

3. Traffic works means road works, railway works, waterway works, bridges, tunnels and airports.

Article 3.- Principles for application

The application of new materials and new technologies to traffic works shall be subject to prior permission of the Minister of Transport.

Article 4.- Conditions for application

Organizations and individuals may apply new materials and/or new technologies when fully meeting the following conditions:

1. Organizations and individuals are lawful owners of new materials and/or new technologies or are licensed to use new materials and/or new technologies by their lawful owners.

2. New materials and new technologies do not violate the provisions of Article 5 of this Decision.

Article 5.- New materials and new technologies banned from application

1. Materials and technologies failing to meet the requirements prescribed by Vietnamese laws on labor safety, labor hygiene, human health and environmental protection.

2. Materials and technologies violating Vietnamese construction regulations or failing to satisfy standards publicized by the Ministry of Transport or concerned ministries and branches for compulsory application.

3. Materials and technologies adversely affecting and causing bad consequences to culture, defense, national security, social order and safety of Vietnam.

4. Materials and technologies failing to bring about technical, economic or social benefits.

5. Materials and technologies in service of security and defense the application of which has not yet been permitted by competent state agencies.

Article 6.- Competence to approve the application

The Science and Technology Department shall be in charge of evaluating dossiers of registration for application of new materials and/or new technologies, consider and assess the effectiveness of new materials and/or new technologies and propose the Minister of Transport to permit the pilot and extensive application of those which meet the conditions specified in Article 4 and Article 5.

Chapter II

PROVISIONS ON THE APPLICATION OF NEW MATERIALS

Article 7.- Classification of new materials

1. New materials which are unfinished commercial products or materials not yet stated in the traffic work construction standards or regulations of countries of origin but satisfying technical criteria of new materials and allowed by such countries for use as commercial products.

2. New materials which are at the stage of experimentation.

Article 8.- Dossiers of registration for application of new materials

Organizations and individuals that possess new materials, if wishing to apply such materials to the construction of traffic works, shall make and send to the Ministry of Transport (via the Science and Technology Department) dossiers each consisting the following documents and certificates:

1. The written registration for the application of new materials.

2. Documents certifying lawful owners of new materials or the right to transfer the rights to use new materials.

3. Product quality certificates and permits for use in traffic works, issued by competent management agencies of countries of origin.

4. Technical standards and requirements, construction technologies and pre-acceptance test results.

5. Certificates of assessment of new materials' environmental impacts, granted by competent agencies.

Article 9.- Order and procedures for the application of new materials

To assess benefits of new materials, laboratory and field tests shall be conducted according to the following steps:

1. The Science and Technology Department shall act as an advisory board for the Ministry in the process of considering and assessing the benefits brought about by the application of new materials, select and assign tasks to testing units, and coordinate with organizations and individuals having new materials in preparing plans on laboratory and field tests. Field tests shall be conducted only when the results of laboratory tests satisfy set requirements.

2. On the basis of reports of units conducting laboratory and field tests and the evaluation result of the ministerial-level scientific and technological council (set up by decision of the Ministry of Transport), the Science and Technology Department shall propose the Ministry of Transport to make official decisions on the application of new materials.

3. Expenses for carrying out evaluation procedures shall be paid by organizations or individuals having new materials. Where units or organizations receiving new materials bear some or all of these expenses, approval of competent agencies is required (except for organizations and individuals not funded with the state budget).

Chapter III

PROVISIONS ON THE APPLICATION OF NEW TECHNOLOGIES

Article 10.- Dossiers of registration for the application of new technologies

Organizations and individuals having new technologies, if wishing to apply them to the construction of traffic works shall make and send to the Ministry of Transport (via the Science and Technology Department) dossiers each consisting the following documents and certificates:

1. The written registration for application of new technologies

2. The written agreement (or contract) between the transferor and the transferee.

3. The written summary of the contents of new technologies to be transferred.

4. Documents certifying:

- The legal capacity of involved parties

- The legal capacity of representatives of involved parties

- The titles on protection of industrial property rights in Vietnam or the protection titles granted by competent organizations.

Article 11.- Order and procedures for the application of new technologies

1. The Science and Technology Department shall have to evaluate written agreements or (contracts) between transferors and transferees and contents of new technologies to be transferred. In the course of consideration, it may consult appraisal and expertise organizations, professional agencies and specialists in the relevant professional domains or the ministerial-level scientific and technological council (set up by decisions of the Ministry of Transport).

2. The consulted assessment and expertise organizations and agencies shall have to give honest and impartial opinions and keep secret relevant information.

3. In case of necessity, new technologies may be experimented in the laboratory or field. Experiments shall comply with experimentation plans approved by competent agencies.

4. On the basis of opinions of concerned agencies and units and the results of laboratory and field tests, the Science and Technology Department shall draft and submit to the Minister of Transport a decision permitting the trial application of new technologies to the construction of traffic works. When all necessary conditions are met, branch standards on such new technologies may be developed for extensive application.

5. Expenses for carrying out assessment procedures shall be paid by units and individuals having new technologies. Where units and organizations receiving new technologies bear some or all of these expenses, approval of competent state agencies is required (except for units and organizations not funded with the state budget).

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12.- Handling of violations

The handling of violations in the domain of transfer and application of new materials and new technologies shall comply with the provisions of Chapter VIII ' Handling of violations of legal provisions on goods and product quality ' of the Government's Decree No. 179/2004/ND-CP of October 21, 2004, on state management of goods and product quality, and current relevant provisions of Vietnam laws.

Article 13.- Implementation effect

1. This Decision shall take effect 15 days after its publication in "CONG BAO." All previous stipulations contrary to this Decision are hereby annulled.

2. The directors of the Office, the Science and Technology Department, the Transport Science and Technology Department, and departments of the Ministry, general directors of project management units under the Ministry, directors of provincial/municipal Transport Services (or Transport and Public Works Services); general directors and directors of companies under the Ministry, heads of concerned agencies, and organizations and individuals shall have to implement this Decision.