What are the application and procedures for appraisal of national standards in Vietnam? – Ngoc Thach (Soc Trang)
Procedures for appraisal of national standards in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
1. Procedures for appraisal of national standards in Vietnam
Procedures for appraisal of national standards are prescribed in Vietnam in Decision 1919/QD-BKHCN2 023 as follows:
* Profile components:
- Decide to assign the task of developing the draft national standard to the agency or organization, enclosed with the approved national standard development project;
- Report on the drafting process of the draft national standard by the agency or organization developing the draft national standard;
- Draft national standards (including draft documents and electronic files) with explanations; copies of original documents used as the basis for the development of draft national standards; other references;
- List of agencies, organizations, and individuals that sent drafts for comments; summaries and comments received together with written comments. Contents receiving comments and suggestions must clearly explain the scientific and practical basis for each content that is not accepted or disagreed with;
- A written request for appraisal of the draft and publication of the national standard by the ministry or ministerial-level agency, which must contain the content certifying the adequacy of the draft national standard dossier.
* The order of execution:
- Ministries and ministerial-level agencies shall send dossiers of application for appraisal of TCVN to the General Department of Standards, Metrology, and Quality.
- The General Department of Standards, Metrology, and Quality considers the dossiers:
In case the draft TCVN application file for appraisal does not meet the requirements specified in Clause 1, Article 5 of Decree 127/2007/ND-CP, as amended and supplemented in Clause 4, Article 1 of Decree 78/2018/ND-CP, the General Department of Standards, Metrology, and Quality has sent a written request to ministries and ministerial-level agencies to supplement and complete dossiers.
- The General Department of Standards, Metrology, and Quality issued a decision to establish a council to appraise the draft TCVN on the basis of the proposal of a council member of the Vietnam Standards and Quality Institute and related regulations.
- The appraisal council conducts appraisals and prepares an appraisal record for the draft TCVN according to the provisions in Appendix IV issued with Circular 11/2021/TT-BKHCN dated November 18, 2021, forwarded to the Directorate for Standards, Metrology, and Quality for review.
2. Procedures for appraisal of dossiers of amendment, supplementation, replacement, or cancellation of national standards
Procedures for appraising dossiers of amendment, supplement, replacement, or cancellation of national standards are prescribed in Decision 1919/QD-BKHCN in 2023 as follows:
* Profile components:
- In case of amendments, supplementation, or replacement:
+ Decide to assign the task of developing the draft national standard to the agency or organization, enclosed with the approved national standard development project;
+ Report on the drafting process of the national standard draft of the agency or organization developing the draft national standard;
+ Draft national standards (including draft documents and electronic files) together with explanations; copies of original documents used as the basis for the development of draft national standards; other references;
+ List of agencies, organizations and individuals sent drafts for comments; summaries and comments received together with written comments. Contents receiving comments and suggestions must clearly explain the scientific and practical basis for each content that is not accepted or disagreed with;
+ A written request for appraisal of the draft and publication of the national standard by the ministry or ministerial-level agency, which must contain the content certifying the completeness of the draft national standard dossier;
+ Report on the appraisal results of the draft national standard by the appraising agency;
+ The document on receipt of appraisal comments, the draft of the national standard has been completed on the basis of receiving the appraisal comments, enclosed with the explanation; other documents and documents related to the processing of appraisal comments (if any).
- In case of cancellation:
+ The national standard to be canceled;
+ A written request from ministries, branches, technical committees of TCVN, organizations, and individuals (clearly stating the reason, legal basis, and scientific basis);
+ Opinions of relevant agencies, organizations, and individuals;
+ Other related documents (if any).
* The order of execution:
- Ministries and ministerial-level agencies shall send dossiers of application for appraisal of national standards to the General Department of Standards, Metrology, and Quality.
- The General Department of Standards, Metrology, and Quality considers the dossiers:
In case the application for appraisal does not meet the requirements specified in Clause 1, Article 5 of Decree 127/2007/ND-CP as amended and supplemented in Clause 4, Article 1 of Decree 78/2018/ND-CP The General Department of Standards, Metrology, and Quality has sent an official dispatch to request that ministries and ministerial-level agencies supplement and complete the dossier.
- The Directorate for Standards, Metrology and Quality issued a decision to establish a council to appraise dossiers on amendments, supplements, replacements, and cancellations of national standards based on the recommendations of council members of the Vietnam Standards and Quality Institute and related regulations.
- The appraisal council conducts appraisals and prepares an appraisal record for the draft TCVN according to the provisions in Appendix IV issued with Circular 11/2021/TT-BKHCN dated November 18, 2021, forwarded to the Directorate for Standards, Metrology, and Quality for review.
- The General Department of Standards, Metrology, and Quality announces the appraisal results.
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