Circular No. 11/2021/TT-BKHCN provides detailed regulations on the development and application of national technical standards (NTS) in Vietnam, replacing previous circulars.

CIRCULAR

Detailed regulations on the development and application of standards

Based on the Law on Standards and Technical Regulations dated June 29, 2006 and the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning dated November 20, 2018;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Based on 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 and Decree No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing certain provisions of 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;

At the proposal of the Director General of the Standardization, Metrology and Quality Agency and the Head of the Legal Department;

The Minister of Science and Technology issues this Circular detailing the development and application of standards.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the planning, development, review, and publication of national standards; the application of national standards, international standards, regional standards, and foreign standards; the development and publication of basic standards.

Article 2. Applicability

This Circular applies to state agencies, organizations, and individuals involved in the process of planning, developing, reviewing, and publishing national standards; applying national standards, international standards, regional standards, and foreign standards; developing and publishing basic standards in Vietnam.

Article 3. Explanation of Terms

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

1.National standardis a standard developed by the Minister or the head of a ministerial-level agency, reviewed and published by the Ministry of Science and Technology according to the prescribed procedures. National standard is abbreviated as TCVN;

2.Field of national standardsrefers to two or more related groups of national standards within a sector or field under the scope of state management as stipulated in Clause 1, Article 23 of 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 (hereinafter referred to as Decree No. 127/2007/NĐ-CP), amended and supplemented in Clause 7, Article 1 of Decree No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing certain provisions of Decree No. 127/2007/NĐ-CP (hereinafter referred to as Decree No. 78/2018/NĐ-CP).

The field of national standards is determined based on the International Standard Classification (ICS) framework of the International Organization for Standardization (ISO);

3.Acceptance of international standards, regional standards, or foreign standards as national standardsmeans the publication of a national standard with content entirely equivalent or modified equivalent compared to the content of international standards, regional standards, or foreign standards;

4. International standardis a standard published by an international standardization organization or an international organization operating in the standardization field;

5. Regional standardis a standard published by a regional standardization organization or a regional organization operating in the standardization field;

6. Foreign standardis a standard published by a national standardization organization of a foreign country or a foreign organization operating in the standardization field (professional associations, specialized research institutes...);

7. Basic standardis a standard published by an economic organization, a social-professional organization, a state agency, or a public service unit for application in activities within the scope of that organization. Basic standard is abbreviated as TCCS;

8. Application of standardsmeans using standards in management activities, production, business of products, goods, services, processes, environment, and other socio-economic activities.

Chapter II
DEVELOPMENT OF NATIONAL STANDARDS

Article 4. Establishment and Approval of Five-Year and Annual Plans for Developing TCVN

1. The Ministry of Science and Technology is the leading agency, coordinating with relevant ministries, sectors, and organizations to establish and approve five-year plans and annual plans for developing TCVN.

a) The General Department of Standardization, Metrology, and Quality Control is the central agency of the Ministry of Science and Technology organizing coordination with relevant ministries and sectors to implement the drafting of five-year plan proposals and annual plan proposals for developing TCVN.

b) The five-year plan for developing TCVN must be consistent with national strategies and programs, industry development strategies that have been approved; meet the needs of production and business development, state management requirements, international integration; and be appropriate to the level of national scientific and technological development.

c) The annual plan for developing TCVN must be consistent with the five-year plan. The annual plan includes contents on new construction, modification, supplementation, replacement, and abolition of TCVN.

2. Five-Year Plan for Developing TCVN

The content of the five-year plan for developing TCVN includes: specific fields and objects requiring the development of TCVN; types of standards; number of TCVN to be developed; implementation time; financial resources and estimated budget.

The establishment, approval, adjustment, and supplementation of the five-year plan for developing TCVN shall be carried out according to the following procedures:

a) Drafting the five-year plan proposal

a1) In the second quarter of the last year of the five-year plan period, relevant ministries and sectors organize the drafting and submission of proposed plans for developing TCVN within their specialized fields for the next five years (hereinafter referred to as the specialized field TCVN development plan proposal) along with explanatory notes to the Ministry of Science and Technology, with the General Department of Standardization, Metrology, and Quality Control being the receiving entity for review and consolidation.

The specialized field TCVN development plan proposal and explanatory notes shall be implemented in accordance with the provisions set forth in Appendix I attached to this Circular.

a2) Based on the overall planning and sectoral national planning that have been approved, the General Department of Standardization, Metrology, and Quality Control drafts the five-year plan for developing TCVN based on the specialized field TCVN development plan proposals from relevant ministries and sectors.

b) Soliciting opinions and finalizing the draft five-year plan

The General Department of Standardization, Metrology, and Quality Control shall perform the following tasks:

b1) Submitting the draft five-year plan for developing TCVN to relevant ministries, sectors, and organizations for comments; announcing it on the Ministry of Science and Technology's electronic portal and the General Department of Standardization, Metrology, and Quality Control's electronic portal to solicit broad public opinion. The comment period for the draft shall be at least thirty days, starting from the date the draft is posted on the electronic portal.

b2) Consolidating and processing comments on the draft.

b3) Leading and coordinating with relevant ministries, sectors, and organizations to finalize the draft and submit it to the Minister of Science and Technology for approval.

c) Approving the five-year plan

The Minister of Science and Technology shall organize the review and approval of the five-year plan for developing TCVN. The Ministry of Science and Technology shall notify the approved plan to relevant ministries, sectors, and organizations and publicly announce it on the Ministry of Science and Technology's electronic portal and the General Department of Standardization, Metrology, and Quality Control's electronic portal within thirty days from the date of approval.

d) Adjusting and supplementing the plan

d1) The five-year plan for developing TCVN may be adjusted and supplemented upon request from sector management ministries.

d2) Adjustments and supplements to the five-year plan shall be carried out according to the procedures stipulated in Points a, b, and c of Clause 2 of this Article. 3. Annual Plan for Developing TCVN

The content of the annual plan for developing TCVN includes: names of TCVN to be developed arranged by standard field; name of the organization drafting the proposal; implementation time; method of drafting the proposal (acceptance of international standards; new development; modification, supplementation; specifying the name and number of the standard or document serving as the basis for development); estimated budget and source of funds; agencies, organizations, and individuals proposing the standard; anticipated technical committee TCVN to seek comments.

The establishment, approval, implementation, adjustment, and supplementation of the annual plan for developing TCVN shall be carried out according to the following procedures:

a) Drafting the annual plan proposal

a1) In the second quarter of each year, based on the five-year plan for developing TCVN, the need for development, modification, supplementation, and replacement of TCVN, and the results of periodic reviews of TCVN, sector management ministries shall submit proposed plans for developing TCVN for the following year along with projects for developing TCVN for specific or group standard objects to the Ministry of Science and Technology, with the General Department of Standardization, Metrology, and Quality Control being the receiving entity.

Proposed plans for developing TCVN for the following year shall be implemented in accordance with the provisions set forth in Section 1 of Appendix II attached to this Circular.

Projects for developing TCVN shall be implemented in accordance with the provisions set forth in Appendix III attached to this Circular.

a2) The General Department of Standardization, Metrology, and Quality Control shall organize the review of TCVN development projects with the participation of representatives from relevant ministries, sectors, and organizations, and draft the annual plan for developing TCVN for the following year in accordance with Section 2 of Appendix II and the annual plan proposal explanatory notes in accordance with Section 3 of Appendix II attached to this Circular.

b) Soliciting opinions and finalizing the draft annual plan

The General Department of Standardization, Metrology, and Quality Control shall perform the following tasks:

b1) Submitting the draft annual plan to relevant ministries, sectors, and organizations; announcing it on the Ministry of Science and Technology's electronic portal and the General Department of Standardization, Metrology, and Quality Control's electronic portal to solicit comments. The comment period for the draft shall be thirty days, starting from the date the draft is posted on the electronic portal.

b2) Consolidating and processing comments on the draft plan.

c) Approving the annual plan

b3) Leading and coordinating with relevant ministries, sectors, and organizations to finalize the draft and submit it to the Minister of Science and Technology for approval.

The Minister of Science and Technology shall review and approve the annual plan for developing TCVN in the first quarter of the year preceding the plan year. The Ministry of Science and Technology shall notify the approved plan to relevant ministries and sectors and publicly announce it on the Ministry of Science and Technology's electronic portal and the General Department of Standardization, Metrology, and Quality Control's electronic portal within fifteen days from the date of approval.

d) Implementing the annual plan

d) Implement the annual plan

d1) Pursuant to the annual plan for developing TCVN that has been approved, the Minister, the head of a ministerial-level agency shall organize the implementation of the plan.

d2) Every six months, or at the request of the Ministry of Science and Technology, ministries and ministerial-level agencies shall report to the Ministry of Science and Technology on the progress and results of implementing the plan. The National Standardization Agency is the central agency responsible for receiving and compiling reports to be submitted to the Minister of Science and Technology.

d3) The National Standardization Agency shall monitor and urge the implementation of the annual plan for developing TCVN; compile and report to the Ministry of Science and Technology on the progress and results of implementing the plan; provide guidance on standard development procedures; participate in the process of drafting TCVN led by ministries and ministerial-level agencies.

đ) Adjusting and supplementing the annual plan

đ1) The annual plan for developing TCVN shall be adjusted and supplemented based on written proposals from ministries, ministerial-level agencies, and related organizations.

đ2) The Ministry of Science and Technology shall decide on adjustments regarding the schedule, methods of development, removal, supplementation, and extension of the annual plan for developing TCVN.

đ3) The procedure for adjusting and supplementing the plan for developing TCVN shall be carried out as follows:

- Ministries, ministerial-level agencies, and related organizations shall submit written proposals for adjusting and supplementing the annual plan for developing TCVN to the Ministry of Science and Technology before October 1st each year, with the National Standardization Agency being the central point of contact;

- Review and adjust the annual plan based on the formal annual plan for developing TCVN;

- The National Standardization Agency shall organize the review of proposals for adjusting and supplementing the plan based on the formal annual plan for developing TCVN; compile and report to the Minister of Science and Technology for decision-making; notify the adjustment and supplementation of the plan to ministries, ministerial-level agencies, and related organizations, and publicly announce it on the Ministry of Science and Technology's website and the National Standardization Agency's website.

đ4) In special cases, due to urgent management requirements or production and business needs of enterprises, the procedure and process for adjusting and supplementing the plan for developing TCVN shall be carried out according to the decision of the Minister of Science and Technology.

Article 5. Procedure and process for developing, reviewing, and announcing TCVN

1. The procedure and process for developing, reviewing, and announcing TCVN organized by ministries and ministerial-level agencies (excluding the Ministry of Science and Technology) shall be implemented in the following steps:

a) Step 1: Establish a drafting committee or drafting team (hereinafter referred to as the drafting team)

The ministry, ministerial-level agency, or entity assigned the task of developing TCVN shall establish a drafting team to undertake the drafting of the TCVN draft.

b) Step 2: Draft the TCVN

b1) The drafting team shall conduct an assessment of the current situation; collect and study international standards, regional standards, foreign standards, relevant scientific research materials and results; analyze samples, test, trial, operate, and apply (if applicable) to determine the technical indicators, characteristics, and management requirements of the standard draft.

b2) The drafting team shall carry out the drafting of the TCVN and write explanatory notes for the TCVN draft.

c) Step 3: Solicit opinions and finalize the TCVN draft

c1) The ministry, ministerial-level agency shall send the TCVN draft to solicit opinions from relevant agencies, organizations, individuals, and the corresponding technical committee through the chairperson or secretary of the technical committee, and announce the solicitation of opinions on the ministry's or agency's website and the entity assigned the task of developing TCVN. The period for soliciting opinions on the draft is sixty days, starting from the date the draft is posted on the website; in urgent cases related to health, safety, and the environment, the period for soliciting opinions may be shortened but not less than thirty days.

c2) The ministry, ministerial-level agency organizing the development of TCVN shall convene a specialized conference with the participation of relevant parties to discuss and provide feedback on the draft.

c3) The drafting team shall compile and process feedback to finalize the TCVN draft, prepare the TCVN draft file in accordance with Clause 1 of Article 5 of Decree No. 127/2007/ND-CP amended and supplemented by Clause 4 of Article 1 of Decree No. 78/2018/ND-CP, and submit it to the ministry or ministerial-level agency organizing the development of TCVN for examination of the file and content of the standard draft before sending it to the Ministry of Science and Technology for review. to examine the file and content of the standard draft before submitting it to the Ministry of Science and Technology for review.

c4) The ministry, ministerial-level agency shall issue a letter to submit the TCVN draft file to the Ministry of Science and Technology for review.

d) Step 4: Review the TCVN draft file

d1) The National Standardization Agency shall review the TCVN draft file proposed for review by ministries and ministerial-level agencies.

If the TCVN draft file proposed for review does not meet the requirements stipulated in Clause 1 of Article 5 of Decree No. 127/2007/ND-CP amended and supplemented by Clause 4 of Article 1 of Decree No. 78/2018/ND-CP, the National Standardization Agency shall issue a letter requesting ministries and ministerial-level agencies to supplement and perfect the file.

d2) The National Standardization Agency shall issue a decision to establish a review board for the TCVN draft based on the proposal of members of the review board from the Vietnam Institute of Standards and Quality and relevant regulations.

- The composition of the review board includes the chairman, secretary, and members representing management agencies, scientific and technological organizations, economic organizations, national technical committees, and experts in the relevant field of standards. The board must have at least seven members, including two experts with deep expertise as independent reviewers, one of whom must be an independent expert.

- The review board must have at least two-thirds of its members present during meetings, including the chairman, independent reviewers, and sufficient comments and evaluations of the TCVN draft. Representatives of relevant agencies and organizations may be invited to participate in discussions.

The council operates under the principle of democratic centralism. The content of the council's conclusions is approved when at least 3/4 of the council members agree through voting (absent members shall base their opinions on the comments and evaluations of the draft TCVN previously sent).

d3) The appraisal council shall prepare an appraisal record for the draft TCVN according to the provisions set out in Appendix IV attached hereto, and transfer it to the General Department of Standardization, Metrology and Quality to consider and announce the appraisal results.

d4) The ministry or agency at the ministerial level responsible for drafting the TCVN shall be responsible for incorporating and processing comments, perfecting the draft TCVN and related files based on the appraisal results, and submitting them to the Ministry of Science and Technology through the General Department of Standardization, Metrology and Quality within 120 days from the date of notification of the appraisal results.

Beyond this time limit, the draft TCVN must be re-appraised; the re-appraisal file shall be carried out according to the provisions at point c (Step 3) of Clause 1 of this Article;

đ) Step 5: publish TCVN

The General Department of Standardization, Metrology and Quality organizes the review of the results of incorporating and processing comments from the appraisal and prepares the draft TCVN approval file.

đ1) In case the draft TCVN file meets the requirements according to the appraisal results, the General Department of Standardization, Metrology and Quality shall submit it to the Minister of Science and Technology for consideration and publication.

đ2) In case the draft TCVN file does not meet the requirements according to the appraisal results, the General Department of Standardization, Metrology and Quality shall transfer the draft TCVN file to the ministry or agency at the ministerial level that drafted the draft TCVN for organization to process and perfect the draft TCVN file.

2. Procedures and formalities for drafting, appraising, and publishing TCVN proposed by organizations or individuals

Organizations or individuals send a request letter along with the draft TCVN file they have prepared to the Ministry of Science and Technology through the General Department of Standardization, Metrology and Quality. Based on the standard draft and the request letter of the organization or individual, the General Department of Standardization, Metrology and Quality reviews and assigns the corresponding TCVN technical committee to organize the drafting of the draft TCVN according to the following steps:

a) Step 1: Draft the TCVN (the TCVN technical committee implements)

a1) Establish a working group to compile the draft TCVN based on the draft proposed by the organization or individual.

a2) Organize the collection of opinions and discussions on the draft within the TCVN technical committee.

a3) Perfect and write an explanatory note for the draft TCVN.

a4) Prepare the draft TCVN file, submit it to the General Department of Standardization, Metrology and Quality for review and decision to send the draft TCVN for comments.

b) Step 2: Collect opinions and perfect the draft TCVN

b1) The TCVN technical committee sends the draft TCVN for comments.

b2) The draft TCVN is sent for comments from relevant agencies, organizations, and individuals, and the matter of collecting comments is announced on the General Department of Standardization, Metrology and Quality’s electronic portal. The period for collecting comments on the draft TCVN is sixty days from the date of its posting on the electronic portal; in urgent cases related to health, safety, and environment, the comment period may be shortened but not less than thirty days.

b3) Organize specialized meetings to discuss and provide comments on the draft TCVN.

b4) Organize the processing and perfection of the draft TCVN and prepare the draft TCVN file according to the provisions at point 2 of Clause 5 of Decree No. 127/2007/ND-CP amended and supplemented at point 4 of Clause 1 of Decree No. 78/2018/ND-CP, and submit it to the General Department of Standardization, Metrology and Quality for appraisal.

c) Step 3: Appraise the draft TCVN file

c1) The General Department of Standardization, Metrology and Quality establishes an appraisal council. The procedures and formalities for conducting the appraisal of the draft TCVN file are carried out according to the provisions at point d (Step 4) of Clause 1 of this Article.

c2) The appraisal council prepares an appraisal record for the draft TCVN with specific conclusions and recommendations, the TCVN technical committee incorporates and processes the appraisal opinions, and transfers it to the General Department of Standardization, Metrology and Quality for review and decision.

d) Step 4: Publish TCVN

The General Department of Standardization, Metrology and Quality prepares the draft TCVN file and submits it for approval.

d1) In case the draft TCVN file meets the requirements according to the appraisal results, the General Department of Standardization, Metrology and Quality shall submit it to the Minister of Science and Technology for consideration and publication.

d2) In case the draft TCVN file does not meet the requirements according to the appraisal results, the General Department of Standardization, Metrology and Quality shall transfer the draft TCVN file to the relevant TCVN technical committee for processing and perfecting the draft TCVN file before submitting it to the Minister of Science and Technology for consideration and publication.

3. Procedures and formalities for drafting, appraising, and publishing TCVN organized by the Ministry of Science and Technology

The General Department of Standardization, Metrology and Quality assigns the corresponding TCVN technical committee to implement the drafting of the draft TCVN. The procedures and formalities for drafting, appraising, and publishing TCVN are carried out according to the following steps:

a) Step 1: Draft the TCVN (the TCVN technical committee implements)

a1) Establish a working group to compile the draft TCVN.

a2) Study international, regional, foreign standards, related documents, and scientific research results; conduct an assessment of the current situation, sample analysis, testing, and trials (if necessary) to determine the technical indicators and requirements of the draft standard.

a3) Organize discussions and collect opinions on the draft TCVN within the TCVN technical committee.

b) Step 2: Collect opinions and perfect the draft TCVN

b1) Send the draft TCVN for comments from relevant agencies, organizations, and individuals; announce the matter of collecting comments on the General Department of Standardization, Metrology and Quality’s electronic portal. The period for collecting comments on the draft is sixty days from the date of its posting on the electronic portal; in urgent cases related to health, safety, and environment, the comment period may be shortened but not less than thirty days.

b2) Organize specialized meetings with the participation of relevant agencies, organizations, and individuals to discuss and provide comments on the draft.

b3) Compile and process the collected comments to perfect the draft TCVN, prepare the draft TCVN file according to the provisions at point 3 of Clause 5 of Decree No. 127/2007/ND-CP amended and supplemented at point 4 of Clause 1 of Decree No. 78/2018/ND-CP, and submit it to the General Department of Standardization, Metrology and Quality for appraisal.

c) Step 3: Appraise the draft TCVN file

The General Bureau of Standards Measurement and Quality establishes a review board. The procedures for conducting the review of draft TCVN documents shall be carried out in accordance with the provisions at point d (Step 4) of Clause 1 of this Article;

d) Step 4: Publish TCVN

The General Department of Standardization, Metrology and Quality prepares the draft TCVN file and submits it for approval.

d1) In case the draft TCVN file meets the requirements according to the appraisal results, the General Department of Standardization, Metrology and Quality shall submit it to the Minister of Science and Technology for consideration and publication.

d2) In case the draft TCVN file does not meet the requirements according to the appraisal results, the General Department of Standardization, Metrology and Quality shall transfer the draft TCVN file to the relevant TCVN technical committee for processing and perfecting the draft TCVN file before submitting it to the Minister of Science and Technology for consideration and publication.

Article 6. Presentation and Content of TCVN and Storage of Draft TCVN Documents

1. The presentation and expression of the content of TCVN shall be implemented in accordance with the provisions of TCVN 1-2:2008 Standardization - Part 2: Provisions on the Presentation and Expression of National Standards and the guidance of the General Bureau of Standards Measurement and Quality.

2. Draft TCVN documents shall be stored at the General Bureau of Standards Measurement and Quality in accordance with the laws on the storage of documents and materials.

Article 7. Periodic Review, Amendment, Supplement, Replacement, and Cancellation of TCVN

1. Periodic Review of TCVN

a) Annually, the General Bureau of Standards Measurement and Quality compiles a list of TCVN that must undergo periodic review within three years to include in the annual plan for developing TCVN.

b) The General Bureau of Standards Measurement and Quality takes the lead and coordinates with relevant ministries and sectors to organize the implementation of the periodic review of TCVN according to the list specified in point a of this clause.

c) Procedures and formalities for periodic review of TCVN

c1) The General Bureau of Standards Measurement and Quality organizes and guides the following:

- Sending the list of TCVN requiring review to relevant ministries and sectors for implementation of the review;

- Organizing the review of TCVN not under the management of ministries and sectors.

c2) The results of the periodic review of TCVN along with explanations from ministries and sectors shall be submitted to the Ministry of Science and Technology through the General Bureau of Standards Measurement and Quality for consolidation and processing, specifically as follows:

- Checking and evaluating the results of the review from ministries and sectors and compiling them into an overall review result, sending it for comments from ministries and sectors, organizations, and individuals concerned;

- Consolidating feedback opinions, preparing a file of the review results of TCVN as the basis for developing the annual plan for building TCVN, and reporting to the Ministry of Science and Technology.

d) The review file for TCVN includes:

d1) A report from the General Bureau of Standards Measurement and Quality on the review results and recommendations;

d2) Records of adopted comments and opinion documents from relevant agencies, organizations, and individuals;

d3) Other related documents (if any).

2. Amendment, Supplement, and Replacement of TCVN

a) Amendments, supplements, and replacements of TCVN are included in the annual plan for building TCVN as stipulated in Clause 3 of Article 4 of this Circular.

b) Amendments, supplements, and replacements of TCVN shall be carried out in accordance with the procedures and formalities prescribed in Clauses 1, 2, and 3 of Article 5 of this Circular.

c) The results of amendments, supplements, and replacements of TCVN are decisions to publish amended or supplemented TCVN or to publish new TCVN replacing the old ones.

3. Cancellation of TCVN

a) Cancellation of TCVN based on the results of the periodic review of TCVN

The General Bureau of Standards Measurement and Quality, based on approved review results, prepares a file to propose the cancellation of TCVN for submission to the Minister of Science and Technology for consideration and decision on publication of cancellation. The file proposing the cancellation of TCVN includes:

a1) The version of TCVN proposed for cancellation;

a2) Compilation of opinions from ministries, sectors, organizations, and individuals concerning the cancellation of TCVN during the review process;

a3) Other related documents (if any);

a4) A letter from the General Bureau of Standards Measurement and Quality proposing the cancellation of TCVN, accompanied by an explanation.

b) Cancellation of TCVN based on proposals from ministries, sectors, TCVN technical committees, organizations, and individuals

Ministries, sectors, TCVN technical committees, organizations, and individuals prepare and submit files proposing the cancellation of TCVN to the Ministry of Science and Technology, with the General Bureau of Standards Measurement and Quality as the receiving agency for examination and review. The General Bureau of Standards Measurement and Quality organizes the review of the file proposing the cancellation of TCVN, submits the review results and draft decision on cancellation to the Minister of Science and Technology for consideration and decision. The file proposing the cancellation of TCVN includes:

b1) The national standard proposed for cancellation;

b2) A proposal document from the ministry, sector, TCVN technical committee, organization, or individual (specifying reasons, legal basis, scientific basis);

b3) Opinions from relevant agencies, organizations, and individuals;

b4) Other related documents (if any).

4. Files for Periodic Review, Amendment, Supplement, Replacement, and Cancellation TCVN shall be stored at the General Bureau of Standards Measurement and Quality in accordance with the laws on the storage of documents.

Article 8. Symbol of TCVN

1. The symbol of TCVN includes the number, the year of standard publication following the abbreviation TCVN and separated by a colon (:).

Example: TCVN 1234:2019 is the symbol of TCVN with the number 1234 published in 2019.

2. In case TCVN is completely equivalent to an international standard, the standard symbol includes the TCVN symbol and the international standard symbol enclosed in parentheses, separated by a single space character.

Example: TCVN 1234:2018 (ISO 1035:2012)

The TCVN symbol is presented on the cover page as follows:

a) Part 1 of the TCVN symbol is located at the top including the TCVN symbol as prescribed in Clause 1 of this Article;

b) Part 2 of the TCVN symbol is located below including the full symbol of the accepted international standard.

Example: the symbol TCVN 6666:2019

ISO/IEC 8888:2010

Is understood as: the symbol of TCVN with the number 6666 built entirely based on the international standard ISO/IEC 8888:2010 and published in 2019;

c) In special cases, when TCVN is built entirely based on an international standard for management systems, smart cities, shared economy..., the TCVN symbol is sequentially from left to right as follows:

The abbreviation TCVN stands before, a single space character (auto space), the abbreviation of the accepted international standard, a single space character (auto space), the number of the accepted international standard, a colon (:), the year of TCVN publication, a space and the full symbol of the accepted international standard enclosed in parentheses.

Example: the symbol TCVN ISO 22301:2018 (ISO 22301:2012) is the symbol of TCVN built entirely based on the international standard ISO 22301:2012 on Social Security - Business Continuity Management Systems - Requirements and published in 2018.

When displayed on the cover page of TCVN, the symbol is shown as follows:

TCVN ISO 22301:2018

ISO 22301:2012

3. The symbol of the replaced TCVN includes the number of the replaced TCVN (the number remains unchanged), the year of the replacing TCVN publication separated by a colon (:) and placed after the TCVN number.

Example: TCVN published in 2019 replaces TCVN 1234:2010 with the symbol TCVN 1234:2019.

In case a TCVN replaces multiple TCVNs or part of another TCVN, the replacing TCVN carries a new number.

4. The symbol of the TCVN amendment includes the phrase "SỬA ĐỔI" followed by the amendment sequence number and the publication year separated by a colon (:) preceding the TCVN symbol being amended.

Example: SỬA ĐỔI 1:2018 TCVN 1111:2010 is the symbol of the first amendment of TCVN 1111:2010, published in 2018.

5. The symbol and full name of TCVN are reflected in the Decision announcing TCVN.

Article 9. Announcement, publication, issuance, and dissemination of TCVN

1. Announcement of TCVN

The General Department of Standardization, Metrology, and Quality Control announces the publication, amendment, supplementation, replacement, or cancellation of TCVN on the General Department's electronic portal and other appropriate information means within thirty days from the date the Minister of Science and Technology signs the decision.

2. Publication and issuance of TCVN

a) TCVN is published and issued in paper form and electronic form.

b) Content amendments and supplements to TCVN are published in separate editions until the standard is reprinted.

In case TCVN has multiple parts, each standard part can be separately bound or combined into a multi-part standard set for convenience in use and reference.

c) The General Department of Standardization, Metrology, and Quality Control implements the publication and issuance of TCVN within sixty days from the date the Minister of Science and Technology signs the decision to publish.

d) Ministries and sectors may publish and issue TCVN they organize to draft after reaching agreement with the General Department of Standardization, Metrology, and Quality Control on the publication and issuance format, ensuring accuracy in content, standard symbols, and bearing responsibility for protecting the copyright of international standards, regional standards, foreign standards, and related laws.

đ) Organizations and individuals publish and issue TCVN upon written consent from the General Department of Standardization, Metrology, and Quality Control.

3. Dissemination of TCVN

a) The General Department of Standardization, Metrology, and Quality Control is the lead agency of the Ministry of Science and Technology responsible for coordinating with ministries and sectors to develop plans for disseminating published TCVN.

b) Ministries and sectors are responsible for coordinating with relevant agencies and organizations to disseminate TCVN in their respective fields of management.

c) Dissemination of TCVN is carried out through various forms: conferences; seminars; training; workshops, and other forms.

Chapter III
GUIDELINES FOR APPLYING NATIONAL STANDARDS,

INTERNATIONAL STANDARDS, REGIONAL STANDARDS

AND FOREIGN STANDARDS IN VIETNAM

Article 10. Methods and measures for applying TCVN

1. Methods for applying TCVN

a) Direct application

TCVN is applied directly without going through any intermediate document.

b) Indirect application

TCVN is applied through other intermediate documents (legal regulations, technical standards...) that refer to that TCVN.

2. Measures for applying TCVN

a) Promoting, disseminating, guiding, and training on the application of TCVN for relevant entities.

b) Using TCVN appropriately in the drafting of legal regulations, technical standards, production, business, services, and other economic and social activities.

c) Strengthening testing, calibration, inspection, certification, conformity declaration, and recognition activities according to published TCVNs.

Article 11. Principles, methods, and measures for applying international standards, regional standards, and foreign standards

1. Principles for application

a) International standards, regional standards, and foreign standards are voluntarily applied by agencies, organizations, and individuals.

b) Applying international standards, regional standards, and foreign standards must not contravene legal provisions, nor harm national security, defense, economic and social interests, and other national interests.

c) Encouraging the application of the latest versions of international standards, regional standards, and foreign standards.

d) Ensuring the application of international standards, regional standards, and foreign standards related to provisions in international treaties to which Vietnam is a party or in bilateral or multilateral cooperation agreements between Vietnamese organizations and foreign organizations, as stipulated by law.

2. Methods for application

a) Direct application

International standards, regional standards, and foreign standards are applied directly during production and business operations, service provision, trade transactions, and other economic and social activities.

b) Indirect application

Agencies, organizations, and individuals apply international standards, regional standards, or foreign standards indirectly through implementing provisions in technical documents, legal regulations (legal regulations, technical standards...) that contain references to all or part of international standards, regional standards, or foreign standards.

3. Application measures

a) Enhancing acceptance and harmonization of advanced international standards, regional standards, or foreign standards as national standards or basic standards.

b) Using international standards, regional standards, and foreign standards to organize and implement conformity assessment activities such as recognition, certification, inspection, testing, and calibration.

c) Organizing research and understanding to apply international standards, regional standards, or foreign standards under Vietnamese conditions; actively participating in the activities of relevant international or regional standardization technical committees.

d) Developing specific plans and investment roadmaps for technology and management to meet the requirements of international standards, regional standards, or foreign standards planned for application.

e) Organizing dissemination and guidance on the application of international standards, regional standards, or foreign standards.

Chapter IV
GUIDELINES FOR BUILDING AND ANNOUNCING BASIC STANDARDS

AND ANNOUNCE THE BASELINE STANDARDS

Article 12. Requirements and Basis for Establishing Enterprise Standards

1. Requirements for Enterprise Standards:

a) Enterprise standards must not contravene corresponding technical regulations and legal provisions;

b) Enterprise standards should be established in accordance with the level of scientific and technological progress, meeting management and production needs of economic organizations, social-professional organizations, state agencies, public institutions, and other organizations (hereinafter referred to as the entity);

c) Enterprise standards shall be applied within the scope of management and production activities of the organization, agency, or unit that establishes and publishes such enterprise standards.

2. Basis for Establishing Enterprise Standards

a) Enterprise standards shall be established based on the results of scientific and technological research; technological progress; practical management and production needs of the entity.

b) Corresponding Vietnamese Technical Standards (TCVN), international standards, regional standards, or foreign standards are encouraged to be used as references for establishing or accepting them as enterprise standards.

Article 13. Types and Methods of Establishing Enterprise Standards

1. Types of Enterprise Standards

Enterprise standards include the following types:

a) Technical requirement standards;

b) Testing method standards, measurement method standards, calibration standards;

c) Labeling, packaging, transportation, storage standards;

d) Process standards;

đ) Service standards;

e) Environmental standards.

Depending on the type of activity, scale, purpose, and management requirements of the entity, appropriate classification methods or new types of enterprise standards can be applied or supplemented.

2. Methods of Establishing Enterprise Standards

Enterprise standards shall be established according to the following basic methods:

a) Accepting Vietnamese Technical Standards (TCVN), international standards, regional standards, or foreign standards as enterprise standards;

b) Establishing new enterprise standards based on the results of scientific and technological research; testing, evaluation, analysis, and experimental results;

c) Amending and supplementing enterprise standards.

Article 14. Procedures and Formalities for Establishing and Publishing Enterprise Standards

1. Depending on the scale and type of business operation of the entity, the procedures and formalities for establishing and publishing enterprise standards include the following steps:

a) Step 1: Develop a plan for establishing enterprise standards;

b) Step 2: Draft the enterprise standard;

c) Step 3: Organize feedback on the draft enterprise standard;

d) Step 4: Organize a specialized conference on the draft enterprise standard;

đ) Step 5: Process feedback and finalize the draft enterprise standard;

e) Step 6: Prepare the draft enterprise standard dossier;

g) Step 7: Review the draft enterprise standard;

h) Step 8: Publish the enterprise standard;

i) Step 9: Print the enterprise standard.

2. Publishing Enterprise Standards

The head of the entity reviews and decides in writing to publish the enterprise standard. The publication dossier of the enterprise standard is stored at the entity.

3. Content and Presentation of Enterprise Standards

a) Symbol of Enterprise Standards

a1) The symbol of the enterprise standard includes the standard number, year of publication of the enterprise standard placed after the abbreviation "TCCS" and separated by a colon (:).

a2) The abbreviated name of the entity issuing the enterprise standard is placed after the year of publication of the enterprise standard and separated by a forward slash (/).

Example: TCCS 26:2017/XXX is the symbol of the enterprise standard with number 26, issued by a company with the abbreviated name XXX in 2017.

b) The content of enterprise standards ensures the following main parts:

b1) Table of contents;

b2) Introduction section;

b3) Basic section (general section, technical section);

b4) Supplementary information section.

The framework, format, and presentation of enterprise standards refer to TCVN 1-2:2008 Standardization - Part 2: Rules for Presentation and Expression of National Standards Content.

c) Enterprise standards should be presented concisely, clearly, accurately, unambiguously, without general statements causing confusion or multiple interpretations.

For standards containing technical requirements and testing methods, the content must be specific and assessable using current means available at the entity, domestic or foreign laboratories.

d) Enterprise standards may be published individually or in sets according to themes or subjects.

Pages of enterprise standards are numbered and can be printed as loose sheets for ease of supplementation, cancellation, or replacement of content. Enterprise standards must have a cover page.

4. Based on this general guidance, entities organize the establishment of detailed procedures and guidelines for establishing, amending, supplementing, and publishing enterprise standards suitable for their conditions and scale.

Chapter V
IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Science and Technology

1. Lead and coordinate with ministries and ministerial-level agencies to establish and approve plans for developing Vietnamese Technical Standards (TCVN); review, amend, supplement, replace, or cancel TCVN.

2. Organize the development, review, and publication of TCVN in areas under their administrative supervision as assigned by the Government.

3. Organize the review and publication of TCVN developed by ministries and ministerial-level agencies.

4. The General Department of Standardization, Metrology, and Quality Control implements Clause 1, 2, and 3 of this Article and provides guidance according to the provisions of this Circular; periodically updates and issues a list of TCVN.

Article 16. Responsibilities of Ministries and Equivalent Agencies

1. Annually compile and report the updated list of TCVNs they have developed to the Ministry of Science and Technology.

2. Implement activities related to information dissemination, promotion, training, popularization, guidance on application, and other relevant activities aimed at enhancing the implementation of TCVNs.

3. Within the scope and field assigned by the Government, ministries and equivalent agencies shall be responsible for organizing the development and submitting to the Ministry of Science and Technology for review and publication of TCVNs according to this Circular and relevant laws applicable to the assigned management objects.

In cases where standards within the specialized management fields of ministries and sectors require specific management requirements or must comply with international practices, the Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and sectors to provide detailed guidelines on procedures, processes, construction, publication, presentation, and content of TCVNs as stipulated in this Circular.

Article 17. Responsibilities of Organizations and Individuals Leading or Participating in the Development of TCVNs

1. Study and fully understand the content and requirements of published standards to implement all provisions specified in the standards accurately.

2. Timely reflect any inappropriate contents discovered during the standard's application process to the standard issuing authority for consideration, revision, and supplementation.

Chapter VI
IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from January 6, 2022.

2. The following circulars cease to be effective from the date this Circular takes effect:

a) Circular No. 21/2007/TT-BKHCN dated August 29, 2007, issued by the Minister of Science and Technology guiding the development and application of standards;

b) Circular No. 29/2011/TT-BKHCN dated November 15, 2011, issued by the Minister of Science and Technology amending and supplementing certain provisions of Circular No. 21/2007/TT-BKHCN dated September 28, 2007, guiding the development and application of standards.

Article 19. Transitional Provisions

Projects to develop TCVNs under the approved construction plan by the Ministry of Science and Technology, which conclude in 2022, shall continue to be implemented according to Circular No. 21/2007/TT-BKHCN and Circular No. 29/2011/TT-BKHCN.

Article 20. Responsibility for Implementation

1. Any issues arising or difficulties encountered during implementation shall be promptly reported in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements.

2. The Minister, Head of Equivalent Ministries, Chairman of Provincial People's Committees directly under the Central Government shall be responsible for organizing the implementation of this Circular.