Promulgation of Local Standards Without Appraisal in Vietnam

Promulgation of Local Standards Without Appraisal in Vietnam (Illustrative Image)

According to Article 8 of Circular 26/2019/TT-BKHCN stipulating the order and procedures for developing and issuing Local Standards as follows:

Step 1: Establishing a Drafting Committee in Vietnam

Depending on specific conditions, the People's Committee of the province or centrally-run city establishes a drafting committee for local standards or designates a lead agency to cooperate with advisory agencies and assist the People's Committee of the province or centrally-run city related to drafting the local standards.

Step 2: Drafting the local standards in Vietnam

The drafting of the local standards is done by the drafting committee according to the sequence specified in Clause 2, Article 7 of Circular 26/2019/TT-BKHCN.

Step 3: Gathering Opinions and Finalizing the Draft local standards in Vietnam

- The People's Committee of the province or centrally-run city organizes the review of the dossier, sends the draft local standards to relevant agencies, organizations, and individuals for opinions and sends the draft to the local notification and enquiry point to determine the necessity of notification to the WTO according to the provisions of Circular 16/2018/TT-BKHCN.

- Additionally, they notify the request for opinions on the local standards on the electronic information portal or official publication of the People's Committee and specialized advisory agencies assisting the People's Committee of the respective local province or centrally-run city.

- The time for collecting opinions on the draft is at least 60 (sixty) days from the date of sending out the draft for opinions. In urgent cases related to health, safety, or environment, the time for collecting opinions can be shortened but not less than 30 (thirty) days as decided by the Chairman of the People's Committee of the competent province or centrally-run city issuing the local standards.

- Based on the feedback received, the drafting committee finalizes the draft local standards, compiles the dossier of the draft local standards as specified in Clause 4 of this Article, and submits it to the People's Committee of the province or centrally-run city for consideration and decision.

- The People's Committee of the province or centrally-run city organizes the dossier of the draft local standards to consider the completeness and validity of the draft local standards dossier according to the provisions of Clause 4 of this Article and forwards the draft local standards dossier along with the appraisal record to the relevant specialized management ministry stipulated in Clause 1, Article 23 of Decree 127/2007/ND-CP revised and supplemented in Clause 7, Article 1 of Decree 78/2018/ND-CP for review and comments.

Step 4: Review and Comments on the Issuance of local standards in Vietnam

- The draft local standards dossier includes:

- Decision assigning the task of drafting the local standards to the agency or organization along with the approved local standards development project;

- Report on the process of drafting the local standards by the agency or organization drafting the local standards;- Draft local standards with explanations; copies of original documents used as a basis for drafting the local standards and other reference documents;

- List of agencies to which the draft was sent for opinions; summary and response to feedback with written comments;

- Opinions of the Ministry of Science and Technology on management regulations in the draft local standards to ensure they do not create unnecessary technical barriers to business and trade activities;

- Appraisal record of the dossier confirmed by the People's Committee of the province or centrally-run city;- Official Dispatch requesting the specialized management ministry's comments on the draft local standards.

- Ministries and agencies review the validity of the draft local standards dossier. If the dossier is invalid, the ministries and agencies will return the dossier to the People's Committee of the province or centrally-run city for completion.

- Reviewing the content of the draft local standards

- Compliance with relevant laws and international commitments.- Consistency and synchronization in Vietnam’s technical regulation system.- No overlapping technical regulations or management requirements or violations of the corresponding QCVN.- No creation of unnecessary technical barriers to the production, business, and circulation of products, goods, and services among provinces and cities.- Compliance with professional requirements, procedures, and drafting processes local standards.- Other provisions in local standards.

- Provide written feedback on the issuance of the local standards.

Step 5: Issuing local standards in Vietnam

- If the ministries and agencies agree with the issuance of local standards, the People's Committee of the province or centrally-run city will issue the local standards.

- If there are disagreements, the drafting committee will study, review the feedback for resolution, correct the draft, prepare a new draft local standards dossier, and resend it to the ministries and agencies for comments as per point c, Clause 3, Article 8 of Circular 26/2019/TT-BKHCN.

For detailed regulations, see Circular 26/2019/TT-BKHCN, effective from August 1, 2020.

Le Vy

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