Order and procedures for formulation, evaluation and promulgation of technical regulations in Vietnam

Order and procedures for formulation, evaluation and promulgation of technical regulations in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Order and procedures for formulation, evaluation and promulgation of technical regulations in Vietnam

Order and procedures for formulation, evaluation and promulgation of technical regulations according to Article 32 of the Law on standards and technical regulations 2006 are as follows:

- The order and procedures for formulation, evaluation and promulgation of national technical regulations are as follows:

+ On the basis of the approved plan on formulation of technical regulations, the national technical regulation-promulgating agency defined in Article 27 of the Law on standards and technical regulations 2006 organizes the formulation of the national technical regulation with the participation of representatives of state agencies, scientific and technological institutions, enterprises, other related organizations, consumers and specialists;

+ The national technical regulation-promulgating agency organizes public gathering of opinions of concerned organizations and individuals on the draft national technical regulation; holds symposiums for related parties to give comments on the draft.

The duration for submission of opinions on the draft shall be at least sixty days; in urgent circumstances related to health, safety or environment, this duration may be shorter as decided by the national technical regulations-promulgating agency;

+ The national technical regulation-promulgating agency studies and takes opinions of organizations and individuals into account for finalizing the draft national technical regulation, makes a dossier of the draft national technical regulation after consulting concerned ministries and branches on the contents of the draft and transfers the draft to the Ministry of Science and Technology for evaluation;

+ The Ministry of Science and Technology organizes the evaluation of the draft national technical regulation in accordance with the provisions of Article 33 of the Law on standards and technical regulations 2006. The time limit for evaluation shall not exceed sixty days from the date of receipt of the valid dossier;

+ The national technical regulation-promulgating agency finalizes the draft and promulgates the national technical regulation within thirty days after the date of obtaining the agreement of the evaluating agency. In case of disagreeing with the evaluation opinions, the national technical regulation-promulgating agency shall report the case to the Prime Minister for consideration and decision.

- The order and procedures for formulating, evaluating and promulgating local technical regulations are as follows:

+ On the basis of the approved plan on formulation of technical regulations, the provincial/municipal People's Committee organizes the formulation of local technical regulation;

+ The provincial/municipal People's Committee organizes public gathering of opinions of concerned organizations and individuals on the draft local technical regulation; holds symposiums for related parties to give comments on the draft.

The duration for submission of opinions on the draft shall be at least sixty days; in urgent circumstances related to health, safety or environment, this duration may be shorter as decided by the provincial/municipal People's Committee;

+ The provincial/municipal People's Committee studies and takes opinions of organizations and individuals into account for finalizing the draft local technical regulation, makes a dossier of the draft and sends it to the competent state agency defined at Point a, Clause 1, Article 27 of the Law on standards and technical regulations 2006 for comment;

+ The provincial/municipal People's Committee promulgates the local technical regulation within thirty days after the date of obtaining the agreement of the competent state agency defined at Point a, Clause 1, Article 27 of the Law on standards and technical regulations 2006.

2. Grounds for formulation of technical regulations in Vietnam

According to Article 30 of the Law on standards and technical regulations 2006, technical regulations shall be formulated on one or more of the following grounds:

- National standards;

- International standards, regional standards and foreign standards;

- Scientific and technological research results, technical advances;

- Results of evaluation, assay, test, supervision and inspection.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE