Decision No. 04/2008/QD-BNN Issuing the Regulation on the Organization and Coordination of Activities between the National Notification Office and Inquiry Point for Food Safety and Animal and Plant Health Inspection (SPS) of Vietnam and the Network of Notification and Inquiry Points under Ministries and Agencies.

Pursuant to …;

Issuing the Regulation on the organization and coordination of activities between the Notification Office and the National Inquiry Point

on food safety and animal and plant quarantine (SPS) of Vietnam

with the network of notification and inquiry points on SPS under various Ministries and sectors

______________________________

 THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 99/2005/QĐ-TTg dated May 9, 2005 of the Prime Minister on the establishment of the Notification Office and the National Inquiry Point on sanitary and phytosanitary measures;

At the proposal of the Director of the Department of International Cooperation,

DECISION:

Article 1. Attached to this Decision is the "Regulation on the organization and coordination of activities between the Notification Office and the National Inquiry Point on SPS of Vietnam and the network of notification and inquiry points on SPS under various Ministries and sectors."

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Heads of the Office, the Director of the Department of International Cooperation, the heads of units related to the Ministries of Agriculture and Rural Development, Industry and Trade, Health, Science and Technology, and the Director of the Notification Office and the National Inquiry Point on SPS of Vietnam are responsible for implementing this Decision./.

REGULATIONS

Organization and coordination of activities between the Notification Office and the National Inquiry Point on SPS of Vietnam

with the network of notification and inquiry points under various Ministries and sectors
(Attached to Decision No. 04/2008/QĐ-BNN dated January 10, 2008

of the Minister of Agriculture and Rural Development)

_____________________

 PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation provides for the organization, tasks, working procedures, and mechanisms for coordinating activities between the Notification Office and the National Inquiry Point on SPS of Vietnam (hereinafter referred to as the SPS Notification Office of Vietnam) and the network of notification and inquiry points on food safety and animal and plant quarantine (hereinafter referred to as the SPS notification and inquiry points under various Ministries and sectors) to fulfill Vietnam's obligation to transparency regarding notifications and inquiries related to the implementation of the Agreement on the Application of Sanitary and Phytosanitary Measures (hereinafter referred to as the SPS Agreement) of the World Trade Organization (hereinafter referred to as the WTO).

Article 2. Applicability

This Regulation applies to notifications and inquiries between the SPS Notification Office of Vietnam and the network of SPS notification and inquiry points established at competent agencies under relevant Ministries and sectors to implement the tasks specified in Article 4 of Decision No. 99/2005/QĐ-TTg dated May 9, 2005 of the Prime Minister and Article 5 of this Regulation.

Article 3. Explanation of Terms

In this Regulation, the following terms are understood as follows:

1. "SPS Agreement" is the Agreement on the Application of Sanitary and Phytosanitary Measures.

2. "SPS Measure" means any sanitary and phytosanitary measure applied to protect human, animal, and plant life or health within the territory of Vietnam from risks arising from the entry, establishment, or spread of pests, diseases, disease-carrying organisms, or disease-causing organisms, risks from food additives, contaminants, toxins, or disease-causing organisms in food, beverages, or feed, risks from animal, plant, or product diseases or from the entry, establishment, or spread of pests or diseases, and to prevent or limit other harmful effects arising from the entry, establishment, or spread of pests or diseases, including: legal regulations; final product requirements and procedures, standards; production processes and methods, testing, inspection, certification, and approval procedures; quarantine treatments including requirements related to the transport of animals or plants and necessary materials for their survival during transport; statistical methods related provisions, sampling procedures, and risk assessment methods; packaging and labeling requirements directly related to food safety.

Article 4. Obligations regarding transparency as required by the SPS Agreement

1. Notify to other Members through the WTO Secretariat about SPS measures as stipulated in Clause 2, Article 3 of this Regulation; draft new, amended, supplemented or issued documents by competent state agencies of Vietnam that have the potential to create trade barriers between Vietnam and WTO members, while reviewing and providing comments on notifications received from other Members to ensure that SPS measures that countries have, are applying, or will apply do not restrict Vietnam's trade with those countries.

a. The notification period for draft SPS measures to seek consultations with relevant domestic agencies and WTO Member States shall be at least 60 days. The consultation period may be extended upon request of a Member before consolidation and issuance, except in cases of emergency related to health, safety, environmental protection, and national security, in which case the provisions of Clause 2 of Appendix B of the SPS Agreement shall apply.

b. Notifications shall be made in one of the three languages: English, French, and Spanish, according to the unified form prescribed by the WTO SPS Committee.

2. Receive, process, and forward questions or responses from WTO Members as well as questions or responses from Vietnam regarding SPS measures that have been, are being, and will be applied to other Members, meeting information needs and transparency obligations under the SPS Agreement.

Chapter II

ORGANIZATION AND TASKS OF THE VIETNAM SPS OFFICE AND NETWORK OF SPS NOTIFICATION AND QUERY POINTS UNDER MINISTRIES AND SECTORS

Article 5. Organization of the Vietnam SPS Network

1. The Vietnam SPS Office was established pursuant to Decision No. 99/2005/QD-TTg dated May 9, 2005 of the Prime Minister, located at the headquarters of the Ministry of Agriculture and Rural Development.

The inter-ministerial working group includes officers from the Animal Health Department, Plant Protection Department, Quality Control Department of Forestry and Aquatic Products (Ministry of Agriculture and Rural Development), Food Safety Department (Ministry of Health); Standardization, Metrology and Quality Control General Department (Ministry of Science and Technology), Multilateral Trade Policy Department (Ministry of Industry and Trade). Each agency appoints one senior officer and one specialist as members of the inter-ministerial working group to notify and respond or prepare and provide relevant documents within their respective ministries' jurisdiction as prescribed in this Regulation.

2. SPS Notification and Query Points under Ministries and Sectors are established based on technical support points located at functional agencies of Ministries and Sectors including: Animal Health Department, Plant Protection Department, Quality Control Department of Forestry and Aquatic Products and Fisheries Resources Exploitation and Protection Department (Ministry of Agriculture and Rural Development), Food Safety Department (Ministry of Health), Standardization, Metrology and Quality Control General Department (Ministry of Science and Technology) and Multilateral Trade Policy Department (Ministry of Industry and Trade).

Article 6. Tasks of the Vietnam SPS Office

1. The Vietnam SPS Office serves as the national focal point to implement transparency obligations as prescribed in Appendix B of the SPS Agreement concerning transparency of regulations on SPS Measures, notifications and queries related to SPS contents and regulations, and requirements of WTO Members to notify about measures, risk assessment procedures, inspections, testing, approval procedures, and issues related to SPS.

2. The tasks of the Vietnam SPS Office are stipulated in Decision No. 1733/QD-BNN-TCCB dated July 15, 2005 and the organizational and coordination operation regulation promulgated together with Decision No. 1117/QD-BNN-TCCB dated April 18, 2006, and perform other tasks prescribed in this Regulation.

3. Coordinate activities, guide operational procedures for notifications and queries for agencies in the SPS network in accordance with WTO regulations.

4. Participate in international cooperation activities, seek international financial, scientific, and technical support, implement transparency obligations, and accelerate the implementation of commitments under the SPS Agreement to meet WTO membership obligations.

Article 7. Tasks of the Points for Notification and Inquiry on SPS under Ministries and Sectoral Agencies.

Take the lead and coordinate to prepare and provide materials for notification and inquiry regarding contents and regulations on the application of measures related to SPS within their respective ministries and sectoral agencies according to the timeframes and formats prescribed by the WTO. They are responsible for coordinating with other Points for Notification and Inquiry on SPS under different ministries and sectoral agencies and with the Vietnam SPS Office as stipulated in this Regulation, including:

1. Notification tasks

a. Proactively review normative legal documents, compile draft documents for new construction, amendment, and supplementation of relevant documents concerning the application of SPS measures within their respective ministries and sectoral agencies that may impact trade, and notify the Vietnam SPS Office as early as possible to send to the WTO Secretariat for notification to member countries for their information and comments;

b. The deadline for notifying draft normative legal documents on SPS shall be at least 70 days before issuance, except in cases where urgent measures are applied to protect human health or animal and plant life, in which case, urgent SPS measures can be notified to the Vietnam SPS Office before or after the document takes effect, while providing an explanation for the application of such urgent measures;

c. Consider the opinions and contributions of WTO member countries and domestic agencies and organizations regarding draft normative legal documents on SPS measures within their respective ministries and sectoral agencies before submitting them to the competent authority for issuance;

d. Notify the Vietnam SPS Office about the signing of bilateral and multilateral agreements or accords related to SPS measures within their respective ministries and sectoral agencies.

2. Inquiry tasks.

a. Receive and respond to inquiries and provide information on SPS within their respective ministries and sectoral agencies' scope of expertise within five days from the date of receipt of requests from the Vietnam SPS Office, or from domestic agencies, organizations, and individuals, or from WTO member countries;

b. Directly or through the Vietnam SPS Office, respond to inquiries and provide information related to SPS measures within their respective ministries and sectoral agencies to interested agencies, organizations, and individuals domestically and in WTO member countries;

c. Notify the Vietnam SPS Office about inquiries or requests for normative legal documents and regulations on SPS measures from WTO member countries within their respective ministries and sectoral agencies' scope;

d. Review and comment on draft documents related to SPS measures from other WTO member countries that are relevant to their respective ministries and sectoral agencies' scope. Documents should be sent to the Vietnam SPS Office within no more than 50 days from the date of receipt of draft notifications from member countries forwarded by the Vietnam SPS Office;

e. Receive and forward notifications on SPS measures from WTO member countries to relevant domestic agencies, organizations, and individuals, paying particular attention to industry associations and enterprises within their respective ministries and sectoral agencies that may be affected by these measures, using appropriate communication means within two working days from the date of receipt of the notification from the Vietnam SPS Office;

3. Strictly adhere to the procedures and formalities for notification and inquiry as guided by the Vietnam SPS Office.

4. Study and propose appropriate measures to direct management levels to ensure effective operation of SPS notification and inquiry activities.

5. Participate in international cooperation activities related to the implementation of transparency obligations under the SPS Agreement.

Article 8. Staffing and Working Regime of Organizations within the SPS Network

1. The Office of SPS Vietnam and the Notification and Inquiry Points under Ministries and sectors performing assigned tasks and their staff shall be included in the staffing of the directly managing agency.

2. In addition to the staffing allocated by the directly managing agency, the Notification and Inquiry Points may hire contractual workers to perform their assigned functions.

3. The Notification and Inquiry Points under Ministries and sectors shall operate under the head system and must comply with relevant legal provisions.

Article 9. Symbols in Documents of the Office of SPS Vietnam and Notification and Inquiry Points under Ministries and Sectors

1. The Office of SPS Vietnam shall be symbolized as follows: Number: …../SPS-BNNVN;

2. The Notification and Inquiry Points for SPS of Ministries/Sectors shall be symbolized as follows: SPS followed by the symbol of the Ministry/Sector (a hyphen - between SPS and the symbol of the Ministry/Sector). For example, the Notification and Inquiry Point for SPS of the Food Safety Agency under the Ministry of Health has the symbol: Number:……./SPS-BYT, the Notification and Inquiry Point for SPS of the Plant Protection Department has the symbol: Number:…/SPS-BVT, the Notification and Inquiry Point for SPS of the Animal Health Department has the symbol: Number:…../SPS-TY, etc.;

3. In cases where the notification (TB) and inquiry (HĐ) points do not belong to the same organization, the symbol of the notification agency is SPS TB followed by the symbols of the Ministry/Sector, and the symbol of the inquiry agency is SPS HĐ followed by the symbols of the Ministry/Sector.

Chapter III

RESPONSIBILITIES OF THE STATE ADMINISTRATIVE AGENCIES IN MANAGING NOTIFICATIONS, INQUIRIES AND RELATIONSHIPS BETWEEN THE ACTIVITIES OF THE OFFICE OF SPS VIETNAM AND THE NOTIFICATION AND INQUIRY POINTS FOR SPS UNDER MINISTRIES AND SECTORS

Article 10. Responsibilities of the Ministry of Agriculture and Rural Development

The Ministry of Agriculture and Rural Development is the state agency assisting the Prime Minister in directing and coordinating among Ministries and sectors to coordinate activities related to the implementation of SPS measures and has the following tasks:

1. Serve as the central point for notifications and inquiries according to Article 7 and the provisions in Appendix B of the SPS Agreement.

2. Has the responsibility to issue, urge, and inspect the implementation of guiding documents on notifications and inquiries between the Office of SPS Vietnam and the Notification and Inquiry Points for SPS under Ministries and sectors in accordance with the SPS Agreement, relevant WTO guidelines, and recommendations.

Article 11. Relationships in Activities Among Agencies within the Network

1. Regarding external functions

The Office of SPS Vietnam serves as the central agency implementing external functions in notifying and inquiring about SPS measures of Vietnam as stipulated in the SPS Agreement; the Notification and Inquiry Points for SPS under Ministries and sectors send notifications and draft SPS measures to the Office of SPS Vietnam to forward to the WTO Secretariat.

2. Ensuring timeliness and accuracy of information

a. The Notification and Inquiry Points for SPS under Ministries and sectors are responsible for the timeliness and professional accuracy within the scope of their management when performing notification and inquiry tasks. In cases where professional issues involve multiple Ministries and sectors or localities, the main responsible Ministry or sector must cooperate with other relevant Ministries and sectors to resolve the issues based on consensus;

b. In cases where there is no consensus in resolving the mentioned professional issues, the main responsible Ministry or sector must seek opinions from the Inter-Ministerial Task Force on SPS and relevant functional agencies. The conclusions of the Inter-Ministerial Task Force on SPS and the specialized staff at technical support points regarding the mentioned professional issues form the basis for the Office of SPS Vietnam to provide responses to interested parties.

3. The Office of SPS Vietnam closely coordinates with the Notification and Inquiry Points for SPS under Ministries and sectors in notifying and inquiring about SPS measures to ensure full compliance with notification and inquiry requirements as stipulated by the WTO.

4. The Office of SPS Vietnam has the right to request central agencies, localities, non-governmental organizations, and other relevant organizations involved in the implementation of the SPS Agreement in Vietnam to comply with transparency requirements and provide necessary information as prescribed.

Article 12. Conditions for Operation

Relevant ministries and sectors such as: The Ministry of Agriculture and Rural Development (Animal Health Department, Plant Protection Department, Quality Control Department of Forestry and Aquatic Products, Fisheries Resources Exploitation and Conservation Department), The Ministry of Health (Food Safety and Quality Control Department), The Ministry of Science and Technology (General Bureau of Standards, Metrology and Quality Control), and The Ministry of Industry and Trade (Multilateral Trade Policy Department) shall ensure necessary resources, staff, facilities, and technical means for the operation of the SPS Notification and Inquiry Points under their management.

The budget for the operation of the SPS Notification and Inquiry Points of the ministries and sectors shall be allocated according to the annual central government budget plan for those ministries and sectors.

Article 13. Implementation Provisions

1. The Vietnam SPS Office and the SPS Notification and Inquiry Points under the ministries and sectors shall implement the provisions of this Regulation.

2. During the implementation of this Regulation, if there are any difficulties, they should be reported to the Ministry of Agriculture and Rural Development for timely research, amendment, and supplementation to make it appropriate./.