Detailed Layout of Technical Regulations from August 1, 2020 in Vietnam

Detailed Layout of Technical Regulations from August 1, 2020 in Vietnam​ (illustrative image)

Article 12 of Circular 26/2019/TT-BKHCN prescribes the layout of technical regulations in Vietnam as follows:

1. General provisions

• Scope of regulation

- For products and goods, the detailed HS code (8 digits) must be included.- In case the technical regulation adjusts a group of objects including multiple products or goods, the HS codes are listed in the appendix of the technical regulation along with the corresponding list of products and goods, as prescribed in Appendix VII issued together with this Circular.

• Objects of application.

• Explanation of terms (if any).

2. Technical specifications

- Referencing Vietnamese standards, national standards, international standards, regional standards, foreign standards or specifying specific technical requirements about the limit levels of technical characteristics that the object of the technical regulation must comply with to ensure safety, hygiene, human health; protection of animals, plants, the environment; protection of national interests and security, consumer rights.

- Specifying technical requirements, specific test methods, evaluated by means currently available in the country or abroad; avoiding general, ambiguous provisions that could lead to multiple interpretations.

Example: Accepting test methods that have equivalent or higher accuracy standards.

- In case a technical requirement allows for various test methods, clearly specify which test method acts as the arbiter to handle disputes, complaints, and litigations.

3. Management regulations

- Specifically illustrating the appropriate management method for the object of the technical regulation as follows:

- Prescribing the method for conformity assessment under the guidance of the Ministry of Science and Technology, other related regulations;- Stipulating on the declaration of conformity (clearly stating that the basis for declaring conformity is the conformity assessment results of a certification, inspection organization, or testing laboratory that is registered to operate, designated or recognized);- Methods of inspection;- Other management forms (e.g., regulations on labeling, traceability, market inspection, etc.);- Test methods, sampling methods;- Other contents.

- If the Local standards is formulated based on the delegated authority prescribed in the corresponding Vietnamese standards, it must ensure the following requirements:

- General provisions, technical provisions (scope of adjustment, objects of application, term explanations, specific technical indicators) are adjusted within the scope of the delegated authority in the corresponding Vietnamese standards and compatible with local geographical, climatic, hydrological characteristics, socio-economic development level;- Management provisions (methods of conformity assessment; testing, certification, inspection; declaration of conformity; declaration of applicable standards; registration, designation, recognition of conformity assessment organizations and other management content) shall follow the corresponding Vietnamese standards delegated regulations;- The symbol on the conformity mark of the Local standards derived from the delegated authority in the corresponding Vietnamese standards is printed below the CR mark, including the number and symbols of the Vietnamese standards; numbers and symbols of the Local standards (recorded on two separate lines) as prescribed in Appendix IX issued together with this Circular. Example: QCVN 01-1:2018/BYT; QCDP 01:2020/XXX

- If the Local standards contains content inconsistent with the provisions of point b of this clause, it requires a unified opinion from the Ministry of Science and Technology, the specialized management ministry to avoid creating unnecessary technical barriers to local production, business, and trade.

4. Other related management provisions

Example: Specific requirements related to the management, use, and operation of the technical regulation subjects and other requirements.

5. Responsibilities of organizations, individuals.

6. Implementation organization.

7. Appendix (if any)

8. Depending on the subject of the technical regulation and specific management requirements, the content of the technical regulation may be reduced or supplemented to ensure transparency and feasibility in state management.

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

Le Vy

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