On December 25, 2019, the Ministry of Science and Technology of Vietnam issued Circular 26/2019/TT-BKHCN detailing the construction, appraisal and promulgation of technical regulations.
5 Principles for Establishing and Approving Technical Regulation Construction Plans in Vietnam (Illustrative image)
At Article 4 of Circular 26/2019/TT-BKHCN, the 5 principles for establishing and approving technical regulation construction plans in Vietnam are stipulated as follows:
1. The development and approval of technical regulation plans shall be implemented in accordance with the provisions of Article 29 of the Law on Standards and Technical Regulations dated June 29, 2006.
2. Depending on the conditions and management requirements, ministries, and ministerial-level agencies shall take the lead, cooperate with the Ministry of Science and Technology and relevant agencies and organizations to organize the development, approval, amendment, and supplementation of the Vietnam Techinal Standard development plan.
3. Provincial and municipal People's Committees shall take the lead, cooperate with relevant agencies and organizations to organize the development and approval of Local Technical Standard development plans.
4. Ministries, ministerial-level agencies, and provincial and municipal People's Committees shall approve Vietnam Techinal Standard and Local Technical Standard development plans after receiving opinions from the Ministry of Science and Technology.
The Ministry of Science and Technology is responsible for researching and commenting on the Vietnam Techinal Standard and Local Technical Standard development plans within 10 (ten) working days from the date of receiving the official dispatch requesting comments from the plan-developing agency.
5. Requirements for technical regulation development plans
- Vietnam Techinal Standard development plans
- Must be consistent with the policies, national development programs for related sectors or fields (if any).- Must meet specific state management requirements, suitable for the socio-economic development plans and the development conditions of science and technology in Vietnam.- Must not overlap in scope, objects, or authority of the state management fields and sectors.- Must be consistent with international treaties to which Vietnam is a member.
- Local Technical Standard development plans
- Must meet management requirements for specific local products, goods, services, processes, and specific requirements for environmental control, scientific and technological development conditions, and local state management.- Must not create unnecessary technical barriers to production, business activities, and the circulation of goods between provinces and centrally-run cities.
For more details, see the regulations at Circular 26/2019/TT-BKHCN, effective from August 1, 2020.
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