Decision No. 46/2017/QD-TTg dated November 24, 2017 of the Prime Minister on promulgating the Regulation on organization and operation of the network of notification and enquiry authorities and the Interdisciplinary Committee on Technical Barriers to Trade

DECISION

Promulgating the Regulation on organization and operation of the network of notification and enquiry authorities and the Interdisciplinary Committee on Technical Barriers to Trade[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;

Pursuant to the Government’s Decree No. 95/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the proposal of the Minister of Science and Technology;

The Prime Minister promulgates the Decision promulgating the Regulation on organization and operation of the network of notification and enquiry authorities and the Interdisciplinary Committee on Technical Barriers to Trade.

Article 1.To promulgate together with this Decision the Regulation on organization and operation of the network of notification and enquiry authorities and the Interdisciplinary Committee on Technical Barriers to Trade.

Article 2.This Decision takes effect on January 10, 2018, and replacesthe 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.

The provisions on membership of the Interdisciplinary Committee on Technical Barriers to Trade at Point d, Clause 2, Article 1 of the Prime Minister’s Decision No. 444/QD-TTg of May 26, 2005, approving the implementation of Scheme on technical barriers to trade, cease to be effective on the effective date of this Decision.

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decision.-

Prime Minister
NGUYEN XUAN PHUC

REGULATION

On organization and operation of the network of notification and enquiry authorities and the Interdisciplinary Committee on Technical Barriers to Trade

(Promulgated together with the Prime Minister’s Decision
No. 46/2017/QD-TTg of November 24, 2017)

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Regulation provides the organization and operation of Vietnam’s network of notification and enquiry authorities on technical barriers to trade (below referred to as the Vietnam TBT network) and the Interdisciplinary Committee on Technical Barriers to Trade (below referred to as the TBT Interdisciplinary  Committee) in order to enforce related treaties to which Vietnam is a contracting party.

Article 2.Subjects of application

This Regulation applies to the Vietnam TBT network, the TBT Interdisciplinary Committee and other related organizations and individuals.

Article 3.Interpretation of terms and abbreviations

1. TBT means technical barriers to trade that are expressed as mandatory technical measures to ensure safety, hygiene and health for humans and protect animals, plants and the environment; protect national interests and security and consumer interests and satisfy other essential requirements as prescribed in legal documents, technical regulations and standards invoked as compulsory in legal documents, or conformity assessment procedures promulgated by competent agencies or organizations.

2. TBT-related treaties include agreements that contain TBT provisions specified in trade agreements which Vietnam has signed.

3. The Vietnam TBT Portal means the National Portal on Technical Barriers to Trade hosted by the Directorate for Standards, Metrology and Quality.

Chapter II

THE VIETNAM TBT NETWORK

Article 4.Organization and operation of the Vietnam TBT network

The Ministry of Science and Technology shall organize and manage the operation of the Vietnam TBT network, including the national notification and enquiry authority on technical barriers to trade (below referred to as the National TBT Point), notification and enquiry authorities on technical barriers to trade of ministries (below referred to as ministerial-level TBT Points), and authorities carrying out TBT activities in localities.

1. National-level TBT activities shall be carried out through the National TBT Point being the Vietnam Notification Authority and Enquiry Point (Vietnam’s TBT Office) underthe Directorate for Standards, Metrology and Quality of the Ministry of Science and Technology.

2.Ministerial-level TBT activities shall be carried out through ministerial-level TBT Points being agencies that are appointed to perform TBT-related tasks of the Ministries of Industry and Trade; Transport; Science and Technology; Labor, War Invalids and Social Affairs; Agriculture and Rural Development; Natural Resources and Environment; Information and Communications; Culture, Sports and Tourism;  Construction; and Health.

3. Local TBT activities shall be carried out through Branches of Standards, Metrology and Quality of provincial-level Departments of Science and Technology.

Article 5.Functions of the Vietnam TBT network

1. To fulfill Vietnam’s TBT notification and enquiry obligations related to the enforcement of TBT-related treaties; to assist the TBT Interdisciplinary Committee in performing its functions and tasks and exercising its powers defined in Articles 8 and 9 of this Regulation.

2. To operate the Vietnam TBT Portal in order to ensure the fulfillment of Vietnam’s TBT notification and enquiry obligations related to the enforcement of TBT-related treaties.

3. To help raise awareness of the community, provide TBT information and consultancy for enterprises in order to increase domestic and foreign market accessibility for Vietnamese goods.

Article 6.Tasks of the Vietnam TBT network

1. The National TBT Point is the sole agency performing the function of sending Vietnam’s notifications on TBT measures and other TBT-related notifications to the international community under treaties to which Vietnam is a contracting party. The National TBT Point shall assist the Directorate for Standards, Metrology and Quality in:

a/ Uniformly managing the TBT notification and enquiry activities; coordinating and controlling TBT-related activities; coordinating and operating the Vietnam TBT Portal; sending TBT information to TBT Points of ministries, and related central and local agencies and organizations in order to ensure the widespread and effective dissemination of TBT information; acting as the focal point in receiving and providing TBT-related agendas of international organizations; proposing and registering participants in international TBT-related international programs, conferences and seminars;

b/ Providing TBT notification and information to foreign and international organizations that satisfy the requirements prescribed in treaties to which Vietnam is a contracting party;

c/ Gathering, receiving, preparing and providing warning information on foreign TBT measures applicable to Vietnamese export products and goods to related ministries, sectors, associations, enterprises and local agencies so as to support export market access;

d/ Conducting dissemination, training, consultancy and provision of TBT information in Vietnam and export markets to organizations, agencies and enterprises so as to raise their awareness about TBT opportunities and challenges at home and abroad;

dd/ Assuming the prime responsibility for participating in the negotiation of and implementing TBT commitments in treaties; participating in international cooperation activities related to the performance of TBT activities as assigned by its direct managing agency;

e/ Studying and proposing measures to increase resources for the efficient operation of the Vietnam TBT network and Vietnam TBT Portal;

g/ Acting as the focal point in fulfilling TBT notification and enquiry obligations of the Ministry of Science and Technology and assisting the TBT Interdisciplinary  Committee in performing tasks according to its functions, collecting opinions and TBT information from TBT Points of ministries and related central and local agencies and organizations and proposing the Interdisciplinary Committee to consider and approve interdisciplinary issues in order to ensure that notification and enquiry activities comply with domestic and foreign regulations.

2. A ministerial-level TBT Point shall assist its ministry in:

a/ Reviewing and sending to the National TBT Point a list of documents related to TBT measures on the annual list of documents to be formulated by the ministry within 15 days after this list is approved by the minister; draft and promulgate documents on TBT measures and their foreign-language translations​​(if any); draft amendments and supplementations to the promulgated documents related to TBT measures under the ministry’s management; bilateral or multilateral agreements on issues related to TBT measures signed by the ministry; providing notifications and enquiries on TBT information under the guidance notes on TBT notification and enquiry procedures issued by the Ministry of Science and Technology; ensuring the provision of TBT information on the Vietnam TBT Portal complies with the guidance of the National TBT Point;

b/ Reaching agreement with other agencies and organizations of the ministry, TBT Points of other ministries in the Vietnam TBT Network, and related central and local agencies and organizations about interdisciplinary TBT issues before sending them to the National TBT Point for giving answers to domestic and foreign organizations and agencies;

c/ Taking the initiative in coordinating with related agencies and organizations in proposing plans on formulation of standards and national technical regulations, studying foreign TBT measures applicable to Vietnamese export products and goods in order to provide warning information and support for export market access; proposing programs and projects to support the effective implementation of TBT-related treaties;

d/ Conducting dissemination, training, consultancy and provision of TBT information to organizations, agencies and enterprises under the ministry’s management so as to raise their awareness about, and develop measures to cope with, the challenges of foreign technical barriers and inferior-quality goods imported into Vietnam;

dd/ Studying and proposing measures to ensure resources for efficient operation;

e/ Participating in international cooperation activities related to the performance of TBT activities as proposed by the National TBT Point and assigned by its managing agency.

3.Branches of Standards, Metrology and Quality of provincial-level Departments of Science and Technologyshall:

a/ Coordinate with the National TBT Point and TBT Points of ministries and central and local agencies and organizations in processing relevant TBT information to satisfy the requirements of domestic and foreign organizations and agencies;

b/ Take the initiative in reviewing and summarizing documents and drafts on TBT measures of localities which are likely to cause difficulties, complaints and disputes between Vietnam and signatory countries of TBT-related treaties, and sending them to the National TBT Point;

c/ Conduct dissemination, information provision, training and consultancy on foreign TBT measures and other TBT information to organizations, agencies and enterprises in localities so as to raise their awareness about TBT opportunities and challenges at home and abroad to support export market access.

Article 7.Working regime of TBT Points of the Vietnam TBT network

1. The TBT Points shallwork under the single-boss regimeand be subject to professional and specialized management by their managing agencies.

2. Managing agencies of the organizations defined in Article 4 of this Regulation may use their existing apparatuses to perform their assigned tasks.

Chapter III

THE TBT INTERDISCIPLINARY  COMMITTEE

Article 8.Functions of the TBT Interdisciplinary Committee

The TBT Interdisciplinary Committee is an interdisciplinary coordination organization that performs the function of advising, consulting and proposing the Prime Minister, ministries, sectors and localities to:

1. Negotiate and sign TBT-related treaties.

2. Fulfill Vietnam’s obligations under TBT-related treaties to which Vietnam is a contracting party.

3. Settle TBT problems, complaints and disputes between Vietnam and signatory countries of TBT-related treaties.

Article 9.Tasks and powers of the TBT Interdisciplinary Committee

1. To study, advise and propose competent agencies to formulate, amend and supplement legal documents; to advise on settlement of problems arising in the enforcement of TBT-related treaties and give conclusions on interdisciplinary professional issues as a basis for the performance of notification and enquiry obligations; to propose action programs and solutions to fulfill the obligations and protect the interests of Vietnam in the implementation of TBT-related treaties.

2. To participate in TBT activities at home and abroad at the proposal of the Ministry of Science and Technology; and TBT-related programs, schemes and projects.

3. To acquire TBT information from domestic and foreign organizations; to attend and discuss TBT-related issues on relevant forums; to use the personnel and means of the National TBT Point to perform its tasks.

Article 10.Organizational structure of the TBT Interdisciplinary Committee

1. The TBT Interdisciplinary Committee shall be composed of a Head, a Deputy Head and members.

a/ The Head who is a leader of the Ministry of Science and Technology shall administer the operation of the Committee within the ambit of the functions, tasks and powers defined in Articles 8, 9 and 10 of this Regulation; and approve and direct the implementation of the Committee’s annual work plan;

b/ The Deputy Head who is a representative of the leadership of the Directorate for Standards, Metrology and Quality shall assist the Head in administering the operation of the TBT Interdisciplinary Committee, and be responsible to the Head for the assigned tasks;

c/ A secretary member who is the Director of the Vietnam’s TBT Office shall prepare documents and other necessary conditions for meetings of the Committee under the directions of the Head and Deputy Head;

d/ Other members who are representatives of the Government Office; the Ministries of Industry and Trade; Transport; Science and Technology; Labor, War Invalids and Social Affairs; Agriculture and Rural Development; Natural Resources and Environment; Information and Communications; Justice; Culture, Sports and Tourism; Construction; and Health; the General Department of Vietnam Customs (the Ministry of Finance); the Vietnam Association of Small and Medium Enterprises; the Vietnam Standards and Consumers Association; and the Vietnam Chamber of Commerce and Industry shall attend all meetings of the Committee, propose issues that need to be discussed, give opinions about issues put for discussion at the Committee’s meetings, or give comments on documents at the request of the Head or Deputy Head. The members’ opinions are representative opinions of their managing agencies.

2. Members of the TBT Interdisciplinary Committee shall work on a part-time basis and be provided with necessary working conditions to perform the functions, tasks and powers defined in Article 8, 9 and 10 of this Regulation.

3. The Directorate for Standards, Metrology and Quality of the Ministry of Science and Technology which is the standing agency of the TBT Interdisciplinary Committee shall receive opinions from TBT Points of the Vietnam TBT network, organize the performance of tasks of the TBT Interdisciplinary Committee, coordinate the operation of agencies and organizations under its management, and coordinate with other related agencies and organizations in supporting the performance of tasks of the TBT Interdisciplinary Committee.

Article 11.Method of operation of the TBT Interdisciplinary Committee

1. The TBT Interdisciplinary Committee shall operate through holding a regular meeting and extraordinary meetings every year. The regular meeting aims to assess the implementation of the work plan in the year; approve the work plan of the following year; and consider arising problems and proposals. In case of necessity, the Head may convene extraordinary meetings to settle requests from the Vietnam TBT network or related agencies and organizations.

2. Decisions of the TBT Interdisciplinary Committee shall be approved on the principle of consensus. If consensus cannot be reached, the majority rule shall be applied. If someone maintains his/her opinions, these opinions and explanations thereon, if necessary, shall be enclosed with recommendations or proposals of the TBT Interdisciplinary Committee sent to related state agencies.

Chapter IV

COORDINATION MECHANISM OF THE VIETNAM TBT NETWORK  AND THE TBT INTERDISCIPLINARY COMMITTEE

Article 12.Coordination mechanism of the Vietnam TBT network, the TBT Interdisciplinary Committee and related agencies and organizations

1. The Vietnam TBT network, through the standing agency of the TBT Interdisciplinary Committee, may propose the Committee to consider interdisciplinary professional issues as a basis for the fulfillment of notification and enquiry obligations and solutions aiming to implement the obligations and protect the interests of Vietnam in the implementation of TBT-related treaties.

2. The TBT Interdisciplinary Committee shall settle, and give solutions on,  interdisciplinary professional issues proposed by TBT Points of the Vietnam TBT network. Members of the TBT Interdisciplinary Committee who are representatives of the ministries having TBT Points shall coordinate with their respective TBT Points in reaching consensus before submitting their opinions to the standing agency as a basis for the Committee to make conclusions on the fulfillment of notification and enquiry obligations.

3. Central and local agencies, non-governmental organizations and other related organizations shall coordinate promptly with one another at the request of the TBT Interdisciplinary Committee and the Vietnam TBT network in effectively preventing and settling TBT-related disputes and violations and TBT commitments in related treaties to which Vietnam is a contracting party.

Article 13.Funds

1. Funds for the operation of the National TBT Point, ministerial-level TBT Points and the TBT Interdisciplinary Committees shall include:

a/ State budget funds;

b/ Other lawful funding sources (aid, financial supports, and investments from domestic and foreign organizations and individuals).

2. The Ministry of Science and Technology shall allocate funds for the operation of the National TBT Point and the TBT Interdisciplinary Committee.

3. Related ministries shall provide funds and physical and technical foundations for the operation of TBT Points under their management.

4. Provincial-level People’s Committees shall allocate funds for TBT-related activities of their attached local agencies defined in Clause 3 of Article 4 from annual local non-business funding sources for science and technology.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 14.The Ministry of Science and Technology

1. To be responsible to the Prime Minister for the operation of the Vietnam TBT network and TBT Interdisciplinary Committee.

2. The Minister of Science and Technology may decide on the list of members of the TBT Interdisciplinary  Committee at the proposal of ministries and agencies referred to at Point d, Clause 1, Article 10 of this Regulation; and assign responsibilities and guide the method of work and coordination among members of the TBT Interdisciplinary Committee.

3. To promulgate documents guiding the Vietnam TBT network to perform TBT notification and enquiry tasks in accordance with this Regulation.

4. To develop and maintain a national TBT database, and coordinate with ministries having ministerial-level TBT Points in maintaining and effectively operating the Vietnam TBT Portal.

5. To organize and guide the uniform and comprehensive implementation of this Regulation at all levels and in all sectors.

6. To allocate funds for the operation of the TBT Interdisciplinary Committee and the National TBT Point in accordance with the Law on the State Budget.

7. Every 6 months, to report to the Prime Minister on the results of operation of the TBT Interdisciplinary Committee, and in the first quarter of every year, to report the results of operation of the Vietnam TBT network.

Article 15.The Ministries of Industry and Trade; Transport; Labor, War Invalids and Social Affairs; Agriculture and Rural Development; Natural Resources and Environment; Information and Communications; Culture, Sports and Tourism; Construction; and Health

1. To ensure resources in terms of personnel, payrolls, funds and physical and technical foundations for their attached TBT Points to meet development needs of their ministries.

2. To develop and maintain databases to provide TBT information on the Vietnam TBT Portal, fulfilling TBT notification and enquiry obligations.

3. To direct TBT Points and related agencies and organizations under their management to fulfill TBT notification and enquiry obligations and implement recommendations, consultations and consultancy of the TBT Interdisciplinary Committee.

4. To allocate funds for the regular operation of TBT Points under their management in accordance with the Law on the State Budget.

5. To send reports on the implementation of this Regulation to the Ministry of Science and Technology in January every year for summarization and reporting to the Prime Minister.

Article16.Provincial-level People’s Committees

1. To direct, and create necessary conditions for, their attached agencies defined in Clause 3, Article 6 of this Regulation to perform tasks and satisfy requirements on transparency of  TBT information.

2. To send reports on the implementation of this Regulation to the Ministry of Science and Technology in January every year for summarization and reporting to the Prime Minister.

3. Related agencies shall provide necessary information within an appropriate time limit and coordinate with one another in performing TBT-related tasks.-

Prime Minister
NGUYEN XUAN PHUC