Agencies and organizations in Vietnam shall submit proposed plans for formulating national technical regulations on in the second quarter of the year annually

Recently, the Ministry of Science and Technology issued Circular 26/2019/TT-BKHCN detailing the formulation, appraisal, and promulgation of technical regulations in Vietnam.

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Agencies and organizations in Vietnam shall submit proposed plans for formulating national technical regulations on in the second quarter of the year annually (Illustrative photo)

According to Article 5 of Circular 26/2019/TT-BKHCN it stipulates the sequence and procedures for approving national technical regulation formulation plans in Vietnam as follows:

Regarding the content of the national technical regulation formulation plan, it includes: the name of the national technical regulation that needs to be constructed, arranged by technical standards in specialized fields; type of technical standard; name of the drafting organization; implementation time; estimated budget and funding source.

Preparation, approval, implementation, and adjustment of the national technical regulation formulation plan are as follows:

- Drafting of national technical regulation formulation plan

  • - In the second quarter of each year, based on the demand for new construction, amendments, supplements, or replacements of national technical regulation, relevant agencies, organizations, and individuals shall send written proposals for the next year's national technical regulation formulation plan to the ministry or ministerial-level agencies along with the national technical regulation construction project for consideration and compilation.
  • - Based on the specific state management requirements in the field of technical standards assigned by the Government of Vietnam, ministries and ministerial-level agencies shall compile and prioritize the proposed plans for constructing, amending, supplementing, or replacing national technical regulations.
  • - Ministries and ministerial-level agencies organize the consideration of national technical regulation construction projects, with the participation of representatives of relevant agencies and organizations, and draft the next year's national technical regulation formulation plan. The national technical regulation formulation plan proposals comply with the Template specified in Appendix I promulgated with this Circular; the national technical regulation construction project follows the Template specified in Appendix II promulgated with this Circular;

- Solicitation of opinions and completion of the draft national technical regulation formulation plan

  • - Ministries and ministerial-level agencies send the draft plan to the Ministry of Science and Technology, other ministries and central authorities, relevant agencies, organizations, and individuals to solicit opinions, and simultaneously announce the opinion solicitation on the electronic portal or official magazines and publications of the ministry or ministerial-level agency in charge of preparing and approving the plan. The opinion solicitation period is at least 30 (thirty) days from the date the draft is sent out for opinions.
  • - Ministries and ministerial-level agencies to compile and process feedback to complete the annual national technical regulation formulation plan draft;

- Approval of the national technical regulation formulation plan

  • - The consideration and approval of the national technical regulation formulation plan are carried out in the fourth quarter of the year preceding the plan year, combined with the consideration and approval of the scientific and technological plan, following the general guidance on the annual scientific and technological plan of the Ministry of Science and Technology.
  • - Ministries and ministerial-level agencies consider and approve the national technical regulation formulation plan after obtaining comments from the Ministry of Science and Technology to ensure the system's uniformity and coherence; notify relevant agencies and organizations, the Notification and Inquiry Point of National TBT (Vietnam TBT Office) and make public on the official publications or electronic portal of the ministry or ministerial-level agency in charge of preparing and approving the plan within no more than 30 (thirty) days from the date the plan is approved;

- Implementation of the national technical regulation formulation plan

Ministries and ministerial-level agencies organize the implementation of the approved plan; periodically every 06 (six) months or unexpectedly as required, notify the situation and results of the national technical regulation formulation plan implementation to the Ministry of Science and Technology for compilation and reporting to the Government of Vietnam, the receiving agency, which is the Directorate for Standards, Metrology, and Quality, 08 Hoang Quoc Viet Road, Hanoi city;

- Adjustment and supplementation of the national technical regulation formulation plan

  • - The national technical regulation formulation plan is adjusted, supplemented, or removed from the plan by written request from relevant agencies, organizations, and individuals. The adjusted, supplemented plan's content includes the progress, subject, national technical regulation content, and implementation funding.
  • - Proposals for adjusting and supplementing the national technical regulation formulation plan must be made before October 01 each year. The sequence and procedures for adjusting and supplementing the national technical regulation formulation plan comply with the provisions of points b and c of this Clause.

Note: In the case of urgent state management requirements, the annual plan adjustment and supplementation are carried out according to the decisions of the Minister, the Head of the ministerial-level agency in charge of preparing and approving the plan.

See further details at Circular 26/2019/TT-BKHCN, which comes into effect in Vietnam from August 01, 2020.

Le Vy

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