Decree No. 78/2018/ND-CP dated May 16, 2018 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 127/2007/ND-CP of August 01, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 127/2007/ND-CP of August 1, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations ^[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;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 127/2007/ND-CP of August 1, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 127/2007/ND-CP of August 1, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations, as follows:

1. To add the following Article 2a:

“Article 2a. General requirements for elaboration of standards and technical regulations

1. Elaboration of standards

a/ To be participated by representatives of related management agencies, associations, unions, science and technology enterprises and organizations, consumers and experts;

b/ To comply with the principle of consensus on the basis of public and democratic discussions and opinion contribution.

2. Elaboration of technical regulations

a/ The national technical regulation (QCVN) and local technical regulation (QCDP) system must be uniform, consistent and conformable with treaties which Vietnam has signed or acceded to.

Ministries, ministerial-level agencies and provincial-level People’s Committees shall approve plans on elaboration of national and local technical regulations under their scope of management as defined in Articles 29, 60 and 61 of the Law on Standards and Technical Regulations after obtaining opinions of the Ministry of Science and Technology to ensure the uniformity and consistency of the system.

The Ministry of Science and Technology shall contribute opinions on a plan on elaboration of national and local technical regulations within 10 working days after receiving an official written request of the concerned plan-formulating agency.

b/ To prioritize the elaboration of technical regulations regulating groups of subjects which are similar in terms of technical characteristics and management requirements;

c/ To prescribe management measures and limitation levels of technical characteristics of products, goods, services, processes and the environment to directly serve the state management requirements in order to ensure safety, sanitation and health and protect the environment; protect flora and fauna; protect national interests and security and legitimate rights and interests of consumers; and respect the right to freedom of production and trading of organizations and individuals;

d/ A national technical regulation may cite other national technical regulations and national, international, regional and foreign standards;

dd/ In case of citing international, regional or foreign standards for technical requirements, promulgating agencies shall ensure the availability of Vietnamese versions of the cited documents upon requests of organizations and individuals for reference;

e/ When elaborating technical regulations, it is necessary to review regulations on recognition of equivalence and ensure compliance with treaties which Vietnam has signed or acceded to.

In case a technical regulation may lead to a technical barrier in international trade, the promulgating agency shall send its draft to the Ministry of Science and Technology for submission to collect international opinions in accordance with the treaties which Vietnam has signed or acceded to.”

2. To amend and supplement Clause 5, Article 3 as follows:

“5. Ministries and sectors shall, upon using annual scientific and technological non-business funds to elaborate draft national standards, consider prioritizing science and technology organizations, associations, unions and enterprises to assume the prime responsibility for the elaboration. In case organizations and individuals use their own funds to research and elaborate national standards or support the research and elaboration of technical regulations, they may enjoy incentives for the performance of scientific and technological tasks in accordance with the Law on Science and Technology.”

3. To add the following Article 4a:

“Article 4a. Elaboration, appraisal and announcement of national standards

The order and procedures for elaboration, appraisal and announcement of national standards must comply with Article 17 of the Law on Standards and Technical Regulations. In case a ministry or ministerial-level agency organizes the elaboration of a national standard, the elaboration, appraisal and announcement of such national standard must comply with Article 17 of the Law on Standards and Technical Regulations with the following steps:

1. The ministry, ministerial-level agency or agency assigned to elaborate the national standard shall establish an elaboration board or team (below referred to as elaboration team) to draft the national standard.

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