Decision No. 07/2006/QĐ-BKHCN Issuing the Regulation on the Organization and Operation of the Inter-Ministerial Committee for Technical Barriers to Trade

DECISION OF THE MINISTER OF SCIENCE AND TECHNOLOGY

Issuing the Regulation on the organization and operation of the inter-ministerial board
on technical barriers to trade

THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

Pursuant to Decision No. 444/QĐ-TTg dated May 26, 2005 of the Prime Minister approving the Project for Implementing the Technical Barriers to Trade Agreement;

After consultation with relevant ministries;

At the proposal of the General Director of the Standardization, Metrology and Quality Control Department, the Director of the Organization and Cadre Affairs Department,

DECISION:

Article 1. This Decision promulgates the "Regulation on the organization and operation of the Inter-Ministerial Board on Technical Barriers to Trade" attached hereto.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Heads of the Office, the Director of the Organization and Cadre Affairs Department, the General Director of the Standardization, Metrology and Quality Control Department, members of the Inter-Ministerial Board on Technical Barriers to Trade, and other related organizations and individuals shall be responsible for implementing this Decision./.

REGULATIONS

Organization and Operation of the Inter-Ministerial Board

on technical barriers to trade

(Attached to Decision No. 07/2006/QĐ-BKHCN dated March 20

2006 of the Minister of Science and Technology)

PART I

GENERAL PROVISIONS

Article 1. This Regulation stipulates the organization and operation of the Inter-Ministerial Board on Technical Barriers to Trade (hereinafter referred to as the TBT Board), established pursuant to Decision No. 444/QĐ-TTg dated May 26, 2005 of the Prime Minister and Decision No. 2788/QĐ-BKHCN dated November 3, 2005 of the Minister of Science and Technology regarding members of the Inter-Ministerial Board on Technical Barriers to Trade.

Article 2. The TBT Board was established to enhance coordination among ministries and sectors in implementing the Technical Barriers to Trade Agreement (hereinafter referred to as the TBT Agreement) of the World Trade Organization (WTO) in Vietnam to fulfill obligations under the TBT Agreement and ensure legitimate national interests.

Article 3. The TBT Board has the function of advising the Ministry of Science and Technology and other state agencies on coordinating measures to ensure compliance with obligations under the TBT Agreement in Vietnam, particularly issues related to the enforcement mechanism of the Agreement, providing advice to resolve disputes over technical barriers to trade arising between WTO Member States and Vietnam and between Vietnam and other WTO Member States.

Article 4. The Standardization, Metrology and Quality Control Department under the Ministry of Science and Technology serves as the permanent body of the TBT Board, responsible for coordinating the activities of the TBT Board through the National Notification and Inquiry Point on Standards, Metrology and Quality Control (hereinafter referred to as the TBT Vietnam Office).

PART II

TASKS AND POWERS

Article 5. The TBT Board performs the following tasks:

1. Studying and proposing action programs and measures to implement obligations under the TBT Agreement in Vietnam.

2. Studying and proposing measures to amend, supplement, and improve regulations or to address issues arising during the implementation of the TBT Agreement, as required by the WTO's TBT Committee, the WTO Ministerial Conference, and relevant ministries and sectors.

3. Proposing solutions to protect Vietnam's interests during the implementation of specific obligations under the TBT Agreement concerning:

a) The development and review of technical regulatory documents (hereinafter referred to as technical regulatory documents) and conformity assessment procedures;

b) Harmonizing national standards with international standards;

c) Participation in standardization activities and regional or international conformity assessment systems.

4. Considering and proposing measures to handle and resolve disputes and complaints about TBT arising between WTO Member States and Vietnam and vice versa.

5. Reviewing and concluding on inter-sectoral technical issues as a basis for fulfilling notification and inquiry obligations when requested by the TBT Vietnam Office.

6. Participating in WTO activities on TBT as directed by the Ministry of Science and Technology.

7. Coordinating with relevant agencies and organizations of ministries and sectors to implement the action program for implementing the TBT Agreement project and work plans; supporting local agencies and organizations in implementing TBT Agreement tasks.

8. Performing other advisory and consulting tasks on TBT when requested by the Ministry of Science and Technology and relevant ministries and sectors.

Article 6. The TBT Board has the following powers:

1. Access to information and documents on TBT received from the WTO and related domestic agencies and organizations; participation in domestic TBT activities.

2. Through the Ministry of Science and Technology or the Standardization, Metrology and Quality Control Department, inviting domestic and foreign experts to consult on specific technical issues related to TBT.

3. Receiving training and instruction on issues related to TBT, participating in programs and projects aimed at supporting the implementation of the TBT Agreement in Vietnam.

4. Ensuring necessary working conditions to perform tasks and powers stipulated in Article 5 and this Article and receiving remuneration for providing opinions, proposals, and measures related to the implementation of the TBT Agreement according to State regulations.

CHAPTER III

ORGANIZATIONAL STRUCTURE

Article 7. The organizational structure of the TBT Board includes:

1. The Chairman is a representative of the leadership of the Ministry of Science and Technology;

2. The Deputy Chairman is a representative of the leadership of the Standardization, Metrology and Quality Control Department;

3. The Secretary member is the Director of the TBT Vietnam Office;

4. Other members are representatives of the leadership at the Directorate level or equivalent of the following agencies:

a) The Government Office;

b) The Ministry of Trade;

c) The Ministry of Industry;

d) The Ministry of Culture and Information;

đ) The Posts and Telecommunications Ministry;

e) The Ministry of Construction;

g) The Ministry of Labor, Invalids and Social Affairs;

h) The Ministry of Natural Resources and Environment;

i) The Ministry of Transport;

k) Ministry of Agriculture and Rural Development;

l) Ministry of Fisheries;

m) Ministry of Health;

n) Ministry of Justice;

o) Ministry of Finance;

p) Ministry of Science and Technology.

Article 8. All members of the Board shall be responsible for complying with the provisions on the organization and operation of the Inter-Ministerial Board on TBT stipulated in this Regulation and the tasks of the members specified in Clause 3 of this Article. The specific tasks of the Chairman, Deputy Chairmen, members, and secretary members are defined as follows:

1. Tasks of the Chairman.

a) Lead the Board's activities according to the functions, tasks, and authorities prescribed in Articles 5 and 6 of this Regulation.

b) Direct the preparation of contents for issues to be discussed at Board meetings.

c) Convene and chair meetings of the Board.

d) Represent the Board in signing documents sent to organizations and individuals.

2. Tasks of the Deputy Chairmen.

a) Assist the Chairman in managing the Board's operations and be accountable to the Chairman for the work assigned to them.

b) Act on behalf of the Chairman in managing and resolving matters within the Chairman's authority when the Chairman is absent.

3. Tasks of the members.

a) Fully participate in all Board meetings.

b) Study documents and contribute opinions on issues to be discussed in Board meetings or provide comments on documents requested by the Chairman and Deputy Chairmen.

c) Monitor the implementation of TBT activities in practice and propose issues for discussion at Board meetings.

d) Safeguard confidential documents in accordance with general state regulations.

4. Tasks of the secretary members.

In addition to their role as members, secretary members shall perform the following tasks:

a) Prepare documents and other necessary conditions for Board meetings as directed by the Chairman and Deputy Chairmen;

b) Serve as secretary for Board meetings;

c) Draft, distribute, and store and safeguard common documents of the Board;

d) Carry out the Board's spokesperson duties;

đ) Utilize staff and means of the Vietnam Technical Barriers to Trade Office to support the performance of their tasks.

Article 9. The Minister of Science and Technology shall issue a decision to appoint and change members of the Inter-Ministerial Board on TBT based on written proposals from relevant Ministries.

Article 10. The term of office of members of the Inter-Ministerial Board on TBT is five years.

PART IV

METHODS AND CONDITIONS FOR THE OPERATIONS OF

THE INTER-MINISTERIAL BOARD ON TBT

Article 11. The Inter-Ministerial Board on TBT operates on the principle of consultation and agreement. In cases where consensus cannot be reached, the majority rule will be applied. In the event of a vote where the number of votes in favor and against are equal, the vote of the meeting chairperson will be decisive.

Members may reserve their opinions but must comply with decisions issued and effective by the Chairman. In case of reservation, recommendations and proposals of the Inter-Ministerial Board when submitted to related state agencies must include the reserved opinion and explanation thereof (if necessary).

Recommendations and proposals of the Board are used by competent authorities to make their decisions.

Article 12. Regular meetings of the Board are held twice a year in June and December to develop, review the program of activities, and evaluate the implementation of these programs by the Board. Meeting participants include Board members and representatives of organizations and individuals concerned. The composition and number of representatives of organizations and individuals concerned attending regular meetings are decided by the Chairman before each meeting.

Documents serving regular meetings are sent to Board members at least one working week before the meeting in writing or via electronic means.

Article 13. In case of necessity, the Chairman may convene extraordinary meetings of the Board. The composition of extraordinary meetings, depending on the content and scope of the issue to be resolved, will be decided by the Chairman.

Documents serving extraordinary meetings will be sent to Board members before the meeting via electronic means or provided at the meeting, depending on the arising issue.

Article 14. In case a Board member is unable to attend Board meetings, they may delegate another person to attend who can discuss the issues to be discussed at the meeting. The delegate has the right to participate in expressing opinions but does not participate in voting on issues requiring a vote by the Board.

Article 15. Reports on the results of regular and extraordinary meetings will be sent to Board members, the Ministry of Science and Technology, related Ministries, and other organizations and individuals concerned (if necessary).

Article 16. Based on the requirements of the WTO TBT Committee and the directives of the Ministry of Science and Technology, the Chairman of the Inter-Ministerial Board on TBT dispatches representatives of the Board to participate in triennial reviews of the implementation of the TBT Agreement and annual meetings of the WTO TBT Committee.

Article 17. The Ministry of Science and Technology and related Ministries are responsible for creating conditions for their representatives to participate and complete the tasks of members of the Inter-Ministerial Board on TBT as stipulated in Article 8 of this Regulation.

The operating budget of the Inter-Ministerial Board on TBT is allocated in the annual state budget expenditure plan of the Ministry of Science and Technology and balanced into the budget for the Ministry-level task of the National Standardization, Metrology, and Quality Control Agency; and simultaneously from other sources of support (international organizations, professional social organizations...), if available.

Article 18. To support the operations of the Inter-Ministerial Board on TBT in addressing specialized issues, in cases of necessity, the Ministries specified in Article 7 of this Regulation may assign their technical barriers to trade notification and inquiry points to study such specialized issues.

CHAPTER V

IMPLEMENTING PROVISIONS

Article 19. The Chairman of the Technical Barriers to Trade Inter-Ministerial Board, the Director General of the Standardization, Measurement and Quality Control General Department, and the Director of the Personnel Organization Department shall be responsible for implementing this Regulation.

Article 20. In the course of implementation, if issues arise necessitating amendments or supplements to this Regulation, based on the proposal of the Technical Barriers to Trade Inter-Ministerial Board, the Director General of the Standardization, Measurement and Quality Control General Department shall coordinate with the Director of the Personnel Organization Department of the Ministry of Science and Technology to review and submit to the Minister of Science and Technology for decision.