Vietnam: Amendment to provisions on presentation of technical regulations

Vietnam: Amendment to provisions on presentation of technical regulations
Nguyen Thi Diem My

Vietnam: Amendment to provisions on presentation of technical regulations are specified in Circular 10/2023/TT-BKHCN dated June 1, 2023, amending Circular 26/2019/TT-BKHCN which provides guidance on the formulation, appraisal, and promulgation of technical regulations.

Amendment to provisions on presentation of technical regulations in Vietnam

Amendment to provisions on presentation of technical regulations in Vietnam is specified in Clause 4, Article 13 of Circular 26/2019/TT-BKHCN as follows:

Depending on the complexity of the management entity, the technical content, and the structure of the basic technical regulation, the layout is as follows:

- Parts, chapters, sections, articles, points, paragraphs, appendices; or

- Parts, articles, points, paragraphs; or

- Articles, points, paragraphs.

Parts, chapters, sections, articles, and appendices in the technical regulation must have titles. The title is a phrase indicating the main content of the part, chapter, section, article, or appendix.

The layout and numbering within the technical regulation in Vietnam shall follow the Template specified in Appendix X attached to Circular 10/2023/TT-BKHCN.

Additionally, the cover page of the technical regulation is specified in Clause 2, Article 13 of Circular 26/2019/TT-BKHCN as follows:

- The cover page of the technical regulation is presented according to the Template specified in Appendix V issued with this Circular, ensuring the following elements:

+ The national emblem of the Socialist Republic of Vietnam is presented according to legal regulations on the national emblem;

+ The wording “SOCIALIST REPUBLIC OF VIETNAM”;

+ The full sign of the technical regulation according to the provisions of Article 8 of Decree 127/2007/ND-CP;

+ Newly issued technical regulations: the document number is continuous, technical regulations issued in subsequent years do not repeat the previous year's number. For example:

QCVN 01:2016/XXX; QCVN 02:2016/XXX; QCVN 03:2016/XXX; QCVN 04:2017/XXX;...);

+ Amended and supplemented technical regulations: the document number corresponds to the amendment times and the issuance year of the amendments, maintaining the number, sign of the old technical regulation (for example, amendment 01:2016 QCVN 04:2009/XXX means: QCVN 04:2009/XXX was amended and supplemented for the first time in 2016);

+ Replaced technical regulations: keep the number of the technical regulation, only change the issuance year (for example, technical regulation QCVN 03:2019/XXX on the safety of children's toys replaces QCVN 03:2009/XXX on the safety of children's toys);

+ The wording “National Technical Regulation” or “Local Technical Regulation”;

+ The name of the technical regulation;

+ The full name of the technical regulation in English;

+ The place and year of promulgation of the technical regulation.

- The abbreviation for the name of the ministry, ministerial-level agency, or People's Committee of a province/centrally-run city issuing the technical regulation shall comply with the provisions of Appendix VI issued with Circular 26/2019/TT-BKHCN.

- The second page of the technical regulation is the page showing the preamble, ensuring the following information: the organization that drafts the technical regulation, the approving agency, the appraisal agency, the issuing agency, the circular/decision issuing the technical regulation, and other related contents to the development and issuance of the technical regulation.

Example: the preamble should be presented according to the regulations in Appendix V issued with Circular 26/2019/TT-BKHCN.

Circular 10/2023/TT-BKHCN takes effect from July 18, 2023.

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