Annulling regulations on amending, supplementing and canceling Technical Regulations according to shortened procedures and processes from July 18, 2023 in Vietnam
Is it correct that some regulations on amending, supplementing and canceling Technical Regulations according to shortened procedures and processes in Vietnam shall be annulled from July 18, 2023? - Mr. Quang (Kien Giang).
Abolish regulations on amending, supplementing, replacing or canceling Technical Regulations according to shortened procedures and processes in Vietnam
Pursuant to Clause 3 Article 11 of the Circular 26/2019/TT-BKHCN stipulating the cancellation of technical regulations as follows:
Cancel Technical Regulations
...
3. In cases where due to urgent requirements of state management, Ministers, Heads of ministerial-level agencies, and Chairman of People's Committees of provinces and central-affiliated cities shall issue local regulations to decide on amendments and supplements, replace or cancel local regulations according to shortened procedures and processes on the basis of ensuring feasibility, scientific basis and necessary funding for implementation.
Pursuant to Clause 2 Article 2 of the Circular 10/2023/TT-BKHCN stipulating as follows:
Supplementing, replacing, and abolishing a number of regulations of Circular No. 26/2019/TT-BKHCN dated December 25, 2019 of the Minister of Science and Technology detailing the construction, appraisal and promulgation technical regulations
...
2. Abolish Clause 3, Article 11
Thus, from July 18, 2023, the implementation of procedures for amending, supplementing, replacing or canceling Technical Regulations will be canceled according to shortened procedures and processes.
Modifications to the layout of the content of technical regulations and structure of technical regulations in Vietnam
Pursuant to Clause 4 Article 13 of the Circular 26/2019/TT-BKHCN (amended by Clause 2 Article 1 of the Circular 10/2023/TT-BKHCN) stipulating as follows:
Presentation of technical regulations
...
4. Depending on the complexity of the managed object, the content of technical regulations and structure of basic technical regulations are arranged as follows:
a) Part, chapter, section, article, point, paragraph, appendix; or
b) Part, article, point, paragraph; or
c) Article, point, paragraph.
Parts, chapters, sections, articles, and appendices in technical regulations must have a title. Title is a phrase indicating the main content of a section, chapter, section, article, or appendix.
The layout and numbering in technical regulations are made according to the Form specified in Appendix X attached to this Circular.
Thus, basically, the layout and numbering are still the same as prescribed in Circular 26/2019/TT-BKHCN. However, Circular 10/2023/TT-BKHCN further stipulates a layout with Articles and paragraphs based on the complexity of the managed object.
|
Layout |
Numbered |
|
Part |
I |
|
Chapter |
I.I |
|
Item |
I.I.I |
|
Thing |
1 |
|
Points (level 1) |
1.1 |
|
Points (level 2) |
1.1.1 |
|
Points (level 3) |
1.1.1.1 |
|
Points (level 4) |
1.1.1.1.1 |
|
Points (level 5) |
1.1.1.1.1.1 |
|
Paragraph |
Do not use number, use letters or symbols, for example: a, b... or -, +... |
|
Appendix |
A |
Amending the concept of Local Technical Regulations according to the new regulations in 2023 in Vietnam
Pursuant to Clause 2 Article 3 of the Circular 26/2019/TT-BKHCN stipulating Local Technical Regulations as follows:
Explanation of words
...
2. Local technical regulations are technical regulations issued by the Chairman of the People's Committee of a province or central-affiliated city (hereinafter abbreviated as locality) promulgated together with legal documents to apply within the scope of local management to specific products, goods, services and processes of the locality and specific requirements on safety and environmental control to suit the geographical, climatic, hydrological characteristics and level of local socio-economic development. Local technical regulations are abbreviated as: QCDP.
Circular 10/2023/TT-BKHCN has a change in the concept of "Local technical regulations" specifically in Clause 1, Article 1, regulating amendments and supplements to a number of articles of Circular 26/ 2019/TT-BKHCN as follows:
Amending and supplementing a number of articles of Circular No. 26/2019/TT-BKHCN dated December 25, 2019 of the Minister of Science and Technology detailing the construction, appraisal and promulgation of technical regulations
1. Amend and supplement Clause 2, Article 3 as follows:
"2. Local technical regulations are technical regulations promulgated by the People's Committees of provinces and central-affiliated cities together with legal documents to apply within the scope of local management to products, goods, services, and processes specific to the locality and specific requirements for safety and environmental control to suit the geographical, climatic, hydrological characteristics and level of socio-economic development local association. Local technical regulations are abbreviated as: QCDP.”
...
Therefore, in the new concept of local technical regulations according to new regulations, this is the technical regulation issued by the People's Committee of the province or central-affiliated city together with legal documents, not Technical Regulations promulgated by the Chairman of the People's Committee of the province or central-affiliated city together with legal documents.
Thus, compared to Circular 26/2019/TT-BKHCN, local technical regulations have had a change in promulgation authority.
Note: Circular 10/2023/TT-BKHCN takes effect from July 18, 2023.
Best regards!
