05 Steps to Promulgate Vietnam Standards from August 1, 2020

05 steps to issue Vietnamese Standards from August 1, 2020 (Illustrative image)

According to Article 7 of Circular 26/2019/TT-BKHCN, the process and procedures for developing, appraising, and issuing QCVN are prescribed as follows:

Step 1: Establishment of drafting committee

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

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

Step 2: Drafting the QCVN

- Preparing the drafting

- Collecting, summarizing, and evaluating the implementation status of legal documents related to the QCVN development project.- Surveying and evaluating the state management status and risk levels related to the subjects of management and main content of the QCVN development project.- Conducting research on information and materials on international commitments related to the QCVN development project.- Preparing and approving the detailed project outline for developing the QCVN along with the draft outline of the QCVN.- 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 QCVN's scope of regulation.- Other related tasks.

- Implementing the drafting of the QCVN

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

Step 3: Collecting feedback and finalizing the QCVN drafts

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

- Sending the QCVN 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 QCVN drafts). If the QCVN to be issued may affect international trade, the ministries or ministerial-level agencies send the QCVN 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 QCVN. 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 QCVN but not less than 30 days.

- Based on the feedback received, the drafting committee processes, accepts, and finalizes the QCVN drafts and prepares the QCVN 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 QCVN organize the verification, review the dossier, and the draft QCVN content to ensure it is consistent with the approved plan and project and then request the Ministry of Science and Technology for appraisal through an official letter confirming the completeness and legality of the dossier.

Step 4: Appraisal of the QCVN drafts

- The Ministry of Science and Technology reviews the validity of the QCVN 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 returns the dossier to the ministries or ministerial-level agencies developing the QCVN for completion.

- The organization appraisal of the QCVN 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 QCVN 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 QCVN 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 gathers additional opinions or requests the ministries or ministerial-level agencies developing the QCVN to gather additional opinions.

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

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

Step 5: Issuance of QCVN

- If agreeing with the appraisal opinions of the Ministry of Science and Technology, the ministries or ministerial-level agencies complete the drafts and issue the QCVN within thirty days from the date of receiving the appraisal opinions;- If disagreeing with the appraisal opinions of the Ministry of Science and Technology, the ministries or ministerial-level agencies developing the QCVN report to the Prime Minister for consideration and decision.

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

For details, refer to the provisions in Circular 26/2019/TT-BKHCN, effective from August 1, 2020.

Le Vy

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