Dossier on the Abrogation of Vietnamese Standards and Local Standards

Dossier on the Abrogation of Vietnamese Standards and Local Standards in Vietnam​ (Illustrative image)

To be specific, Article 11 Circular 26/2019/TT-BKHCN provides regulations on the abrogation of technical standards, which are implemented as follows:

For the abrogation of Vietnamese Standards

Abrogation of Vietnamese Standards is carried out according to the provisions at point a Clause 3 Article 35 of the Law on Standards and Technical Regulations.

The focal agency stipulated in Clause 2 Article 21 of Decree 127/2007/ND-CP will prepare the dossier for abrogation of Vietnamese Standards. The components of the dossier include:

- Vietnamese Standards proposed for abrogation ;

- Explanation (reasons, legal basis, scientific basis);

- Opinions of relevant agencies, organizations, individuals (if any);

- Periodic review results and recommendations;

- Document proposing the abrogation of QCVN;

- Appraisal opinion of the Ministry of Science and Technology;

- Other related documents (if any).

For the abrogation of Local Standards

The abrogation of Local Standards is carried out by the agency assigned by the People's Committee of the province or centrally regulated city to lead the drafting of the Local Standards, according to the provisions at point b Clause 3 Article 35 of the 2006 Law on Standards and Technical Regulations.

The abrogation of Local Standards shall be compiled into a dossier, the components of which include:

- Local Standards proposed for abrogation ;

- Explanation (reasons, legal basis, scientific basis);

- Opinions of relevant agencies, organizations, individuals (if any);

- Periodic review results and recommendations;

- Document proposing the abrogation of Local Standards;

- Opinions of the ministry, central agency managing the relevant Vietnamese Standards field;

- Other related documents (if any).

Note: In case of urgent state management requirements, the Minister, the head of the central agency, or the Chairman of the People's Committee of the province or centrally regulated city that issued the Local Standards may decide on the amendment, supplementation, replacement, or abrogation of the Local Standards according to expedited procedures and processes, ensuring feasibility, scientific basis, and necessary funding for implementation.

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

Le Vy

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