Circular No. 06/2011/TT-BNNPTNT amending and supplementing certain provisions of Circulars No. 37/2009/TT-BNNPTNT dated June 26, 2009, and No. 38/2009/TT-BNNPTNT dated June 26, 2009.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 37/2009/TT-BNNPTNT

dated June 26, 2009 and Circular No. 38/2009/TT-BNNPTNT dated June 26, 2009

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Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain articles of the Law on Technical Standards and Regulations;

Circular No. 23/2007/TT-BKHCN dated September 28, 2007 of the Ministry of Science and Technology guiding the development, review, and issuance of technical regulations;

Circular No. 21/2007/TT-BKHCN dated September 28, 2007 of the Ministry of Science and Technology guiding the development and application of standards;

The Minister of Agriculture and Rural Development amends and supplements certain provisions of Circular No. 37/2009/TT-BNNPTNT dated June 26, 2009 of the Ministry of Agriculture and Rural Development guiding activities in the field of technical standards under the Ministry of Agriculture and Rural Development and Circular No. 38/2009/TT-BNNPTNT dated June 26, 2009 of the Ministry of Agriculture and Rural Development guiding activities in the field of technical regulations under the Ministry of Agriculture and Rural Development as follows:

Article 1. Amending and supplementing Circular No. 37/2009/TT-BNNPTNT dated June 26, 2009 of the Ministry of Agriculture and Rural Development guiding activities in the field of standards under the Ministry of Agriculture and Rural Development

1. Amend Clause 1 of Article 2 as follows:

"1. This Circular applies to the General Departments, Bureaus, Directorates, and organizations and individuals related in the process of developing, reviewing, issuing, and applying national standards within the management scope of the Ministry of Agriculture and Rural Development."

2. Amend Point b of Clause 1 of Article 6 as follows:

"b) The Department of Science, Technology, and Environment shall compile plans, review files for the development of national standards according to Article 18 of the Law on Technical Standards and Regulations, and submit them to the Ministry for sending to the Ministry of Science and Technology for review and approval."

3. Supplement Point c of Clause 3 of Article 7 as follows:

"c) The General Departments and Bureaus shall organize the acceptance of projects for the development of national technical standards and send the files to the Department of Science, Technology, and Environment for review according to Article 18 of the Law on Technical Standards and Regulations.

The approval council and project acceptance council shall consist of five to seven members: including a Chairperson, Vice-Chairperson (if necessary), Secretary, reviewer member, and other members; members include experts in relevant fields, representatives from the General Departments and Bureaus managing the specialized sector (representatives from the General Departments and Bureaus leading the task shall not exceed 30% of the total number of council members) and representatives from the Department of Science, Technology, and Environment. Members involved in drafting the draft national technical standard shall not be members of the Council.

The Council shall operate according to the regulations on the management of scientific and technological research and project of the Ministry of Agriculture and Rural Development issued together with Decision No. 36/2006/QĐ-BNN dated May 15, 2006 of the Minister of Agriculture and Rural Development."

4. Amend Clause 1 of Article 12 as follows:

"1. The General Departments and Bureaus managing the specialized sector

Forestry General Department: forest development, forest utilization, forestry crop seeds, forest products, forest management and protection;

Fisheries General Department: aquaculture; fish seed; feed, raw materials for feed production, additives, biological preparations, water quality for aquaculture; aquaculture environment, fishing safety technology and environment of fishing vessels, fishing ports; anchorage areas for fishing vessels; construction, repair of fishing vessels, production of safety equipment and mechanical equipment for installation and use on fishing vessels; conservation, protection, and development of aquatic resources;

Water Resources General Department: basic investigation of water resources; water resources planning; management and exploitation of water resources works; dike and flood prevention and disaster mitigation work.

Quality Management Directorate of Forestry, Aquatic Products and Fisheries: general regulations on quality management and food safety for forestry, aquatic products, and fisheries; wholesale fish markets; safety, hygiene of aquatic products, and exported seafood;

d) Processing, Trade and Salt Industry Directorate: conditions of processing, preliminary processing, transportation, and storage of forestry, aquatic products, and salt; salt products; machinery and equipment in agriculture production; ensuring quality, safety, and hygiene of forestry and salt products;

Crop Production Directorate: crop seeds, fertilizers; ensuring product quality, food safety, environment, and services during crop production;

g) Plant Protection Directorate: plant quarantine, plant protection, plant protection chemicals and raw materials, production and packaging of plant protection chemicals, agricultural product preservatives, forest product preservatives;

h) Livestock Breeding Directorate: livestock breeding seeds, livestock feed and raw materials, preservatives used in livestock feed, biological preparations for livestock breeding; livestock breeding, livestock industry supplies, livestock breeding environment, conditions ensuring quality and food safety in livestock breeding; services during livestock breeding production;

i) Veterinary Directorate: prevention and control of animal diseases; animal quarantine; veterinary drugs and raw materials; hygiene and veterinary hygiene conditions;

k) Construction Project Management Directorate: survey, design of water resources works; quality of water resources works; materials, testing, electromechanical equipment in water resources construction; construction, acceptance of water resources construction projects, standards for construction projects in other sectors under the management of the Ministry of Agriculture and Rural Development;"

5. Supplement Clause 3 to Article 14 as follows:

"3. The budget for the task of developing national standards can only be settled after the national standards are published."

Article 2. Amending and supplementing Circular No. 38/2009/TT-BNNPTNT dated June 26, 2009 of the Ministry of Agriculture and Rural Development guiding activities in the field of technical regulations under the Ministry of Agriculture and Rural Development.

1. Amend Clause 1 of Article 2 as follows:

"1. This Circular applies to Departments, General Departments, Bureaus, organizations, and individuals related to the implementation of national technical standards and local technical standards within the management scope of the Ministry of Agriculture and Rural Development."

2. Amend Clause 3 of Article 15 as follows:

"3. Approving the annual plan:

The Science, Technology, and Environment Department shall compile, review the files for developing national technical standards, and submit to the Ministry for approval of the annual plan for developing national technical standards in the third quarter of the year preceding the planning year, together with the approval of the science and technology plan of the Ministry of Agriculture and Rural Development. Notify relevant agencies and organizations, the National Notification and Inquiry Office (hereinafter referred to as the Vietnam National Standards Office), according to regulations, and publish on the Ministry's website or magazine/publication within thirty days from the date of approval."

3. Amend Clause 1 of Article 16 as follows:

"1. Step 1: Establish Technical Committees

Departments, General Departments, and Bureaus establish specialized Technical Committees within their management fields assigned by the Ministry (hereinafter collectively referred to as Technical Committees) to carry out the drafting of national technical standard draft proposals. The Technical Committee consists of experts in the field of technical standard development and a Secretary who is a representative of the Department, General Department, or Bureau."

4. Amend and supplement Point c of Clause 3 of Article 16 as follows:

"c) Departments, General Departments organize the acceptance of projects for developing national technical standards and submit the files to the Science, Technology, and Environment Department for review in accordance with Article 33 of the Law on Standards and Technical Regulations.

The approval and acceptance council comprises five to seven members: Chairman, Vice-Chairman (if necessary), Secretary, two opposing members, and other members; members include experts in the relevant field, representatives of the managing Departments, General Departments (representatives of the leading Departments, General Departments not exceeding 30% of the total number of council members), and representatives of the Science, Technology, and Environment Department. Members of the Technical Committee may not be members of the Council.

The Council operates in accordance with the Management Regulation for Scientific and Technological Research Projects issued together with Decision No. 36/2006/QĐ-BNN dated May 15, 2006 of the Minister of Agriculture and Rural Development."

5. Amend Point a of Clause 4 of Article 16 as follows:

"a) In case of agreement with the opinion of the Ministry of Science and Technology, the Science, Technology, and Environment Department assigns the code according to the system of national technical standards of the Ministry of Agriculture and Rural Development. Departments, General Departments complete the draft and the file of the national technical standard (legal file and administrative file), the Science, Technology, and Environment Department reviews and submits to the Minister of Agriculture and Rural Development for issuance within thirty days from the date of the review opinion."

6. Amend Clause 1 of Article 28 as follows:

"1. The General Departments and Bureaus managing the specialized sector

a) Forestry General Department: forest development, forest utilization, forestry crop seeds, forest products, forest management and protection;

b) Fisheries General Department: aquaculture; aquatic seedlings; feed, raw materials for feed production, additives, biological preparations, water quality for aquaculture; aquaculture environment, fishing, safety technology and environment of fishing vessels, fish ports; anchorage areas for fishing vessels; construction and repair of fishing vessels, production of safety equipment and mechanical equipment for installation and use on fishing vessels; conservation, protection, and development of aquatic resources;

c) Water Resources General Department: basic investigation of water resources; water resources planning; management and exploitation of water resources works; dike and flood control and disaster mitigation work.

d) Quality Management Department of Agricultural, Forestry, and Aquatic Products: general provisions on quality management and food safety for agricultural, forestry, and aquatic products; wholesale fish markets; safety and hygiene of aquatic products, exported aquatic food products;

d) Processing, Trade and Salt Industry Directorate: conditions of processing, preliminary processing, transportation, and storage of forestry, aquatic products, and salt; salt products; machinery and equipment in agriculture production; ensuring quality, safety, and hygiene of forestry and salt products;

e) Crop Production Department: crop seeds, fertilizers; ensuring product quality, food safety, environment, and services during crop production;

g) Plant Protection Directorate: plant quarantine, plant protection, plant protection chemicals and raw materials, production and packaging of plant protection chemicals, agricultural product preservatives, forest product preservatives;

h) Livestock Breeding Directorate: livestock breeding seeds, livestock feed and raw materials, preservatives used in livestock feed, biological preparations for livestock breeding; livestock breeding, livestock industry supplies, livestock breeding environment, conditions ensuring quality and food safety in livestock breeding; services during livestock breeding production;

i) Veterinary Directorate: prevention and control of animal diseases; animal quarantine; veterinary drugs and raw materials; hygiene and veterinary hygiene conditions;

k) Construction Project Management Department: survey and design of water resources works; quality of water resources works; materials, testing, electromechanical equipment in water resources construction; construction, acceptance of water resources construction projects, standards for construction of works in other fields under the management of the Ministry of Agriculture and Rural Development;"

Supplement Clause 3 to Article 30 as follows:

"3. The budget for the tasks of developing national technical standards can only be settled after the national technical standards are promulgated."

Article 3. Effectiveness

This Circular takes effect 45 days from the date of issuance./.