Full procedure for approval of the construction plan according to the local techinal standards from August 01, 2020 in Vietnam

Full procedure for approval of the construction plan according to the local techinal standards from August 01, 2020 in Vietnam​ (Illustrative photo)

According to Article 6 Circular 26/2019/TT-BKHCN, the order and procedure for approval of the construction plan according to the local techinal standards are stipulated as follows:

Firstly, establishing, approving, implementing, and adjusting, supplementing the local standard construction plan as follows:

- Drafting the construction plan according to the local techinal standards.

- In the second quarter of each year, based on the need for new construction, modification, supplementation, and replacement of local techinal standards, relevant agencies, organizations, and individuals send a written proposal for the next year's construction plan according to the local techinal standards construction plan to the People's Committee of the province or centrally-run city, attached with the construction plan according to the local techinal standards for consideration and aggregation. The proposal for the construction plan according to the local techinal standards and the content are implemented following the Form stipulated in Appendix III issued with this Circular. The drafting of the the construction plan according to the local techinal standards construction project follows the Form stipulated in Appendix IV issued with this Circular.

- The People's Committee of the province or centrally-run city organizes the review of the the construction plan according to the local techinal standards with the participation of representatives of ministries and central authorities and relevant departments, agencies of the locality. Depending on the content, complexity, and scale of the influence of the the construction plan according to the local techinal standards, the People's Committee of the province or centrally-run city decides to invite representatives of the relevant ministries and ministerial-level agencies to participate directly in the project review or provide written comments.

- The People's Committee of the province or centrally-run city organizes the drafting of the next year's the construction plan according to the local techinal standards. The drafting of the the construction plan according to the local techinal standards follows the Form stipulated in Appendix III issued with this Circular.

Secondly, obtaining opinions and finalizing the draft the construction plan according to the local techinal standards in Vietnam

- The People's Committee of the province or centrally-run city sends the draft plan to industry management ministries and relevant agencies, organizations, and individuals to gather opinions, announcing the opinion collection on the electronic portal or official magazine or publication of the People's Committee of the province or centrally-run city or the advisory agency assisting the People's Committee in managing science and technology locally. The time for obtaining opinions on the draft is at least 30 (thirty) days from the date the draft is sent out for opinion collection.

- The advisory agency assisting the People's Committee of the province or centrally-run city in managing science and technology locally organizes the aggregation and processing of feedback to finalize the draft the construction plan according to the local techinal standards.

Thirdly, approving the the construction plan according to the local techinal standards in Vietnam

- Considering and approving the the construction plan according to the local techinal standards is carried out in the fourth quarter of the previous year of the plan year, combining with considering and approving the science and technology plan of the People's Committee of the province or centrally-run city and according to the general guidance on the annual science and technology plan of the Ministry of Science and Technology.

- The People's Committee of the province or centrally-run city organizes the consideration and approval of the the construction plan according to the local techinal standards after obtaining the opinions of the Ministry of Science and Technology to ensure the consistency and synchronization of the technical standard system (official letter to the Ministry of Science and Technology attached with the opinions of the industry management ministries).- Notify the ministries and central authorities, relevant agencies, organizations, and agencies conducting TBT activities locally about technical barriers in trade and publicize on the electronic portal or official magazine or publication of the People's Committee of the province or centrally-run city or the advisory agency assisting the People's Committee in managing science and technology locally within no more than 30 (thirty) days from the date the plan is approved.

Fourthly, implementing the construction plan according to the local techinal standards in Vietnam: The People's Committee of the province or centrally-run city organizes the implementation of the approved plan; periodically in the fourth quarter each year or unexpectedly upon request, report to the Ministry of Science and Technology through the Directorate for Standards, Metrology, and Quality on the status and results of the construction plan according to the local techinal standards implementation for aggregation and reporting to the Government of Vietnam.

Fifthly, adjusting and supplementing the construction plan according to the local techinal standards in Vietnam

- The construction plan according to the local techinal standards can be adjusted, supplemented, or withdrawn from the plan upon the written proposal of relevant agencies, organizations, and individuals. The content of the adjustment and supplementation plan includes: progress, objects, content of local techinal standards, implementation costs.

- The proposal to adjust and supplement the construction plan according to the local techinal standards is made at least 06 (six) months before the end of the planned task. The procedure for adjusting and supplementing the construction plan according to the local techinal standards is implemented following the regulations in Clause 2 and Clause 3 of Article 6 of Circular 26/2019/TT-BKHCN.

Note: In case of urgent requirements of local state management, the sequence for annual plan adjustments, supplements is shortened to promptly meet state management requirements as decided by the Chairman of the People's Committee of the province or centrally-run city chairing the establishment and approval of the plan.

For details, see the regulation in Circular 26/2019/TT-BKHCN, effective from August 1, 2020.

Le Vy

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