Circular No. 07/2015/TT-BNNPTNT guiding the approval of international standards, regional standards, and foreign standards in activities under the management of the Ministry of Agriculture and Rural Development.

CIRCULAR

Guidelines for approving international standards, regional standards, and foreign standards in activities under the management of the Ministry of Agriculture and Rural Development sets the

nước ngoài trong các hoạt động thuộc phạm vi quản lý của Bộ Nông nghiệp và Phát triển Nông thôn

của Bộ Nông nghiệp và Phát triển nông thôn

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Pursuant to the Law on Standards and Technical Regulations No. 68/2006/QH11;

Pursuant to the Law on Product and Commodities Quality No. 05/2007/QH12;

Pursuant to the Law on Food Safety No. 55/2010/QH12;

BASED ON THE DECREE NO. 199/2013/NĐ-CP OF NOVEMBER 26, 2013 OF THE GOVERNMENT PROVIDING FOR THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT;

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

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality and Goods;

Pursuant to Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing implementation of certain provisions of the Law on Food Safety;

Upon the proposal of the Director of the Department of Science, Technology and Environment;

The Minister of Agriculture and Rural Development issues this Circular guiding the approval of international standards, regional standards, and foreign standards in activities under the management of the Ministry of Agriculture and Rural Development.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the approval of international standards, regional standards, and foreign standards in activities under the management of the Ministry of Agriculture and Rural Development.

Article 2. Applicability

This Circular applies to agencies and organizations with activities related to the application of international standards, regional standards, and foreign standards within the scope of management of the Ministry of Agriculture and Rural Development.

Article 3. Explanation of Terms

Approval of international standards, regional standards, and foreign standards (hereinafter referred to as approval of standards) means allowing direct or indirect application of international standards, regional standards, and foreign standards in activities under the management of the Ministry of Agriculture and Rural Development.

Article 4. Objectives, principles, and criteria for approving standards

1. Purpose:

a) To serve as a basis for assessing conformity through activities such as recognition, certification, testing, inspection, examination, and calibration;

b) To serve as a basis for managing the quality of agricultural products and materials;

c) Gradually harmonize the national standard system and technical regulations with regional and international standards.

2. Principles:

In cases where there are no national standards or technical regulations, or where there is substantial evidence proving the necessity of applying international standards, regional standards, or foreign standards, the Ministry of Agriculture and Rural Development will consider approving relevant standards for activities under its management.

3. Criteria:

a) Not contrary to legal provisions and not harming national security, defense, economic and social interests, and other interests of Vietnam;

b) Consistent with the requirements of relevant national technical regulations (if applicable);

c) Consistent with Vietnam's economic, technical, and technological conditions;

d) Meeting management requirements and encouraging domestic production development;

đ) Being the latest version and still in effect.

Article 5. Budget

1. Funding sources:

Funding for the approval of standards is allocated from the annual state budget for scientific and technological activities and other activities of the Ministry of Agriculture and Rural Development; voluntary contributions from domestic organizations and individuals, and foreign organizations and individuals.

2. Contents of expenditure:

a) Direct costs for building the application approval standard dossier:

Costs for drafting the outline and budget of the approval standard dossier;

Costs for purchasing international standards, regional standards, and foreign standards (if applicable);

Costs for translating, editing, and compiling standards from foreign languages into Vietnamese.

b) Costs for management work include:

Costs for convening the Review Board and the Appraisal Board for the application approval standard dossier;

Costs for comments and evaluations by members of the Review Board and the Appraisal Board for the application approval standard dossier.

Agencies and organizations arrange their own funding for building the application approval standard dossier. Specialized agencies under the Ministry of Agriculture and Rural Development may use annual state budget funds for scientific and technological activities to cover the costs listed in point a, Clause 2 of this Article to build the Application Approval Standard Dossier according to their assigned management areas.

3. Budgetary expenditure limits:

The expenditure for approving standards corresponds to the budgetary expenditure limit for developing national standards and technical regulations stipulated in Article 4 of the Joint Circular No. 145/2009/TTLT-BTC-BKHCN dated July 17, 2009, issued by the Ministry of Finance and the Ministry of Science and Technology on managing and using funds for developing national standards and technical regulations, and current regulations.

Chapter II

PROCEDURES AND AUTHORITY FOR APPROVING STANDARDS

Article 6. Documents for requesting approval of standards

The documents for requesting approval of standards include:

1. A request for approval of standards, with contents according to Model 1 issued together with this Circular.

2. The version of the standard being requested for approval, accompanied by a Vietnamese translation (including electronic text).

3. An explanation for approving the standard, with contents according to Model 2 issued together with this Circular.

Article 7. Procedures, formalities, and authority for approving standards

1. Agencies and organizations involved in activities within the scope of management of the Ministry of Agriculture and Rural Development shall prepare one set of documents for requesting approval of standards in accordance with Article 6 of this Circular and submit them (directly or via postal service) to the General Department or the specialized management agency for review.

2. The General Department and specialized management agencies:

a) Shall review and notify the results of the review to the agencies and organizations that have submitted the documents for requesting approval of standards to revise and perfect; send the document requesting review along with the revised documents for requesting approval of standards according to the review results to the Department of Science, Technology and Environment for review.

The time limit for reviewing the documents for requesting approval of standards shall not exceed seven working days from the date of receipt of valid documents. The review report shall be prepared according to Model 3 issued together with this Circular.

b) In cases where necessary, based on management requirements according to assigned tasks, the General Department and specialized management agencies shall prepare documents for requesting approval of standards in accordance with Article 6 of this Circular and submit them to the Department of Science, Technology and Environment for review.

3. The Department of Science, Technology and Environment shall review the documents for requesting approval of standards and notify the results of the review to the General Department and specialized management agencies to revise and perfect. The time limit for reviewing the documents for requesting approval of standards shall not exceed fifteen working days. The review report shall be prepared according to Model 3 issued together with this Circular.

4. The General Department and specialized management agencies shall submit to the Minister of Agriculture and Rural Development for signing the decision to approve the standard after completing the documents according to the review opinions of the Department of Science, Technology and Environment.

5. Components of the documents to be submitted to the Minister:

a) Proposal for approval of standards;

b) Review report; Reviewing report;

c) Draft standard (in foreign language and Vietnamese);

d) Draft Decision on approval of standards.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Effective Date

This Circular takes effect from April 2, 2015.

Article 9. Responsibility for implementation

1. Units under the Ministry and related organizations and individuals are responsible for implementing this Circular.

2. During the implementation of this Circular, if there are any difficulties, relevant agencies, organizations, and individuals shall promptly inform the Ministry of Agriculture and Rural Development for research and amendment./.