Procedures for approving local technical regulation development plans in Vietnam

The order and procedures for approving the plan for developing local technical regulations (abbreviated as: QCVN) comply with the guidance in Article 6 of Circular 26/2019/TT-BKHCN, specifically as follows:

Preparation, approval, implementation, and amendment of plans for formulation of local technical standards in Vietnam

- Drafting a plan to develop local technical standards

- In the second quarter of each year, based on the needs of new construction, amendment, and replacement of local technical standards, relevant agencies, organizations, and individuals shall send a written request for the plan for formulation of local technical standards for the following year to the People's Committees of the provinces and centrally-run cities, together with the project on formulation of local technical standards, for review and synthesis. Proposing the plan for developing local technical standards and implementing contents according to the Form specified in Appendix III issued together with Circular 26/2019/TT-BKHCN. Preparation of a project to develop local technical standards must comply with the Form specified in Appendix IV issued together with Circular 26/2019/TT-BKHCN.

- The People's Committees of the provinces and centrally-run cities shall organize the review of the project of local technical standards with the participation of representatives of ministries, branches, and relevant local departments, agencies, and sectors. Depending on the content, complexity, and scale of influence of the object of local technical standards, the People's Committees of the provinces and centrally-run cities shall decide to invite representatives of relevant ministries and ministerial-level agencies to directly participate in the project consideration or give written opinions.

- The People's Committees of the provinces and cities directly under the Central Government shall organize the drafting of plans on formulation of local technical standards for the following year. Drafting a plan to develop local technical standards shall be made according to the Form specified in Appendix III issued together with Circular 26/2019/TT-BKHCN.

Procedures for approving local technical regulation development plans in Vietnam (Internet image)

To collect opinions and finalize the draft plan for developing local technical standards in Vietnam

- The People's Committees of the provinces and centrally-run cities shall send the draft plan to the line ministries and related agencies, organizations and individuals to collect opinions, to notify about the collection of opinions on the portal or the official magazine or publication of the People's Committee of the province or city or agencies that advise and assist the People's Committees of provinces and centrally run cities in the management of science and technology in their localities. The time for collecting comments on the draft is at least 30 (thirty) days from the date of sending the draft for comments.

- Agencies that advise and assist the People's Committees of provinces and centrally-run cities in managing science and technology in their localities organize the synthesis and handling of comments and suggestions.
to finalize the draft plan for developing local technical standards.

Approval of the plan to develop the local technical standards in Vietnam

- To consider and approve the plan for the formulation of local technical standards to be implemented in the fourth quarter of the year preceding the plan year, in combination with the review and approval of the science and technology plan.
of the People's Committees of the provinces and centrally-run cities and according to the general guidance on the annual science and technology plans of the Ministry of Science and Technology.

- The People's Committees of the provinces and centrally-run cities shall organize the consideration and approval of plans on formulation of local technical standards after obtaining the opinion of the Ministry of Science and Technology to ensure the uniformity and synchronization of the system of technical regulations (the official letter sent to the Ministry of Science and Technology is enclosed with the opinion of the specialized management ministry) .

- Notify relevant ministries, branches, agencies, organizations, and local TBT-implementing agencies about technical barriers to trade; and publicize it on the web portal or the official magazine or publication of the People's Committee of the province or city or an advisory or assisting agency of the People's Committee of the province or city directly under the Central Government in managing science and technology in the locality within 30 (thirty) days from the date the plan is approved. .

Implementment of the plan to develop the local technical standards in Vietnam

The People's Committees of the provinces and centrally-run cities shall organize the implementation of the approved plans; periodically in the fourth quarter of each year or on an extraordinary basis upon request, notify the Ministry of Science and Technology through the General Department of Standards, Metrology, and Quality on the situation and results of implementation of the plan to develop local technical standards to summarize and report to the Government.

Adjusting and supplementing the plan to develop local technical standards

- The local technical standards development plan may be amended, supplemented, or withdrawn from the plan at the written request of the relevant agencies, organizations, and individuals. The contents of the adjustment and supplement to the plan include: progress, subjects, the contents of local technical standards, and the implementation budget.

- Proposing to adjust and supplement the plan for developing local technical standards to be implemented at least 06 (six) months before the end of the proposed plan tasks. The order of adjusting and supplementing the plan for the formulation of local technical standards shall comply with the above provisions.

In case of urgent requirements of local state management, the order of adjusting and supplementing the annual plan is shortened to ensure timely response to state management requirements under the decision of the President of the People's Committee of the province or city directly under the Central Government in charge of formulating and approving the plan.

Mai Thanh Loi

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