05 Steps to issuance of National technical regulations in Vietnam from August 1, 2020

05 Steps to issuance of National technical regulation in Vietnam from August 1, 2020 (Illustrative image)

According to Article 7 of Circular 26/2019/TT-BKHCN, the process and procedures for formulating, appraising, and issuing National technical regulation in Vietnam are prescribed as follows:

Step 1: Establishment of drafting committee

Depending on the specific conditions, the ministries or ministerial-level agencies establish the National technical regulation drafting committee or designate affiliated science and technology agencies or organizations (hereinafter referred to as the drafting committee) to develop the National technical regulation .

The drafting committee must include representatives from ministries and central authorities, relevant organizations, and experts.

Step 2: Drafting the National technical regulation

- Preparing the drafting

- Collecting, summarizing, and evaluating the implementation status of legal documents related to the National technical regulation development project.

- Surveying and evaluating the state management status and risk levels related to the subjects of management and main content of the National technical regulation development project.

- Conducting research on information and materials on international commitments related to the National technical regulation development project.

- Preparing and approving the detailed project outline for developing the National technical regulation along with the draft outline of the National technical regulation .

- Proposing to the Ministry of Finance (through the General Department of Customs) to coordinate in reviewing and identifying HS codes for products and goods expected to be within the National technical regulation 's scope of regulation.

- Other related tasks.

- Implementing the drafting of the National technical regulation

- Drafting the National technical regulation based on the agreed-upon draft outline and writing the explanatory report.

- Compiling and researching technical materials; evaluating the current status, conducting sample analysis, testing, experimentation, and trial application (if any) to determine the technical characteristics limits; analyzing and assessing the risk level of the management subjects to determine suitable management methods in the National technical regulation drafts.

- Identifying detailed HS codes (8 digits) for the management subjects, which are group 2 products and goods.

- Organizing specialized workshops with the participation of relevant agencies, organizations, and experts (priority is given to inviting associations, industries, businesses, and the public affected directly by the technical standards) to ensure transparency and gather feedback on the National technical regulation drafts.

- Researching, accepting feedback, revising the drafts, and submitting to ministries or ministerial-level agencies developing the National technical regulation for consideration and consultation from relevant agencies, organizations, and individuals.

Step 3: Collecting feedback and finalizing the National technical regulation drafts

- The ministries or ministerial-level agencies organize the review of the drafts

• - Sending the National technical regulation drafts along with the explanatory reports to relevant agencies, organizations, and individuals for consultation (sending for consultation to agencies, organizations, and individuals directly affected by the National technical regulation drafts). If the National technical regulation to be issued may affect international trade, the ministries or ministerial-level agencies send the National technical regulation drafts to the Vietnam TBT Office to determine the necessity of notifying the WTO as prescribed in Circular 16/2018/TT-BKHCN dated November 29, 2018, of the Minister of Science and Technology on operational coordination in the network of Notification and Inquiry points and the Inter-sectoral Council on technical barriers to trade
• .- Simultaneously with sending the drafts for consultation, announce the consultation on the electronic information portal or official journal, publication of the ministries or ministerial-level agencies developing the National technical regulation . The consultation period for the drafts is at least 60 (sixty) days from the date the drafts are sent for consultation. In urgent cases related to health, safety, and the environment, the consultation period may be shorter. The shorter consultation period is decided by the Minister or Head of the ministerial-level agency developing the National technical regulation but not less than 30 days.

- Based on the feedback received, the drafting committee processes, accepts, and finalizes the National technical regulation drafts and prepares the National technical regulation draft dossier as prescribed in Clause 1, Article 10 of Decree 127/2007/ND-CP, amended and supplemented in Clause 6, Article 1 of Decree 78/2018/ND-CP.

- The project development report must bear the confirmation seal of the drafting agency.

- The ministries or ministerial-level agencies developing the National technical regulation organize the verification, review the dossier, and the draft National technical regulation content to ensure it is consistent with the approved plan and project and then request the Ministry of Science and Technology of Vietnam for appraisal through an official letter confirming the completeness and legality of the dossier.

Step 4: Appraisal of the National technical regulation drafts

- The Ministry of Science and Technology of Vietnam reviews the validity of the National technical regulation draft dossier prescribed in Clause 1, Article 10 of Decree 127/2007/ND-CP, amended and supplemented in Clause 6, Article 1 of Decree 78/2018/ND-CP. If the dossier is not valid, the Ministry of Science and Technology of Vietnam returns the dossier to the ministries or ministerial-level agencies developing the National technical regulation for completion.

- The organization appraisal of the National technical regulation drafts is carried out as prescribed in Clause 2, Article 9 of Decree 127/2007/ND-CP, amended and supplemented in Clause 5, Article 1 of Decree 78/2018/ND-CP.

- In the case that the National technical regulation drafts are complex, the subjects of management are within the scope and authority of multiple ministries and central authorities, have a significant impact on business production, trade, and the National technical regulation drafts have not yet gathered sufficient opinions from ministries and central authorities directly related to the subjects of management, the Ministry of Science and Technology of Vietnam gathers additional opinions or requests the ministries or ministerial-level agencies developing the National technical regulation to gather additional opinions.

- If there is overlap and duplication about the scope and subjects of management of the National technical regulation drafts with the existing National technical regulation system, and there are many inconsistent feedbacks on the National technical regulation drafts submitted for appraisal, the Ministry of Science and Technology of Vietnam returns the dossier to the ministries or ministerial-level agencies developing the National technical regulation and clearly states the reasons for the ministries or ministerial-level agencies developing the National technical regulation to revise the content of the drafts and resubmit for appraisal. The time for the ministries or ministerial-level agencies developing the National technical regulation to revise the content of the drafts is not counted in the appraisal period of the National technical regulation .

- Based on the appraisal results, prepare the appraisal dossier of the National technical regulation drafts and issue a written notice of the appraisal results to the ministries or ministerial-level agencies developing the National technical regulation .

Step 5: Issuance of National technical regulation

- If agreeing with the appraisal opinions of the Ministry of Science and Technology of Vietnam, the ministries or ministerial-level agencies complete the drafts and issue the National technical regulation within thirty days from the date of receiving the appraisal opinions;

- If disagreeing with the appraisal opinions of the Ministry of Science and Technology of Vietnam, the ministries or ministerial-level agencies developing the National technical regulation report to the Prime Minister for consideration and decision.

Note: The Directorate for Standards, Metrology, and Quality under the Ministry of Science and Technology of Vietnam is responsible for assisting the Minister of Science and Technology in organizing the implementation of this Article.

More details can be found in Circular 26/2019/TT-BKHCN, which comes into effect in Vietnam from August 1, 2020.

Le Vy

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