Decision No. 114/2005/QD-TTg On the establishment and issuance of regulations on the organization and operation of the network of notification and inquiry agencies for Vietnam's technical trade barriers

DECISION OF THE PRIME MINISTER

Concerning the establishment and issuance of the Rules on organization and operation

of the network of Notification and Inquiry Points of Vietnam on technical barriers to trade in commerce

Establishment of the network of Notification and Inquiry Points of Vietnam on technical barriers to trade in commerce.

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

At the proposal of the Minister of Science and Technology, the Minister of Home Affairs,

DECISION:

Article 1. The network of Notification and Inquiry Points of Vietnam on technical barriers to trade in commerce is hereby established.

Article 2. These Rules on organization and operation of the network of Notification and Inquiry Points of Vietnam on technical barriers to trade in commerce are promulgated together with this Decision.

Article 3. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 4. The Chairman of the National Committee for International Economic Cooperation, Ministers, Heads of Ministries equivalent to ministries, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decision./.

RULES ON ORGANIZATION AND OPERATION OF THE NETWORK OF

NOTIFICATION AND INQUIRY POINTS OF VIETNAM ON

TECHNICAL BARRIERS TO TRADE IN COMMERCE

(Issued together with Decision No. 114/2005/QĐ-TTg
dated May 26, 2005 of the Prime Minister)

PART I
GENERAL PROVISIONS

Article 1. Scope of application

These Rules stipulate the organization, operation, and coordination mechanism of the network of Notification and Inquiry Points of Vietnam on technical barriers to trade in commerce (hereinafter referred to as the TBT Network) to fulfill fully and promptly Vietnam's obligations regarding notification and inquiry related to the implementation of the Agreement on Technical Barriers to Trade (hereinafter referred to as the TBT Agreement) of the World Trade Organization (hereinafter referred to as the WTO) when Vietnam officially becomes a member of the organization.

Article 2. Obligations for transparency pursuant to the TBT Agreement

The transparency obligations that Vietnam commits to implement pursuant to the TBT Agreement include:

1. Notifying other member countries through the WTO Secretariat about draft or effective technical regulations and conformity assessment procedures issued by competent state authorities of Vietnam that have the potential to create technical barriers to trade between Vietnam and WTO member countries; at the same time, processing and providing comments on notifications received from other member countries to ensure that technical measures currently applied or to be applied by those countries do not restrict trade with Vietnam.

Draft notifications of such technical regulations and conformity assessment procedures must be sent at least 60 days before their issuance.

Notifications shall be made using a unified form prescribed by the WTO TBT Committee in one of the three languages: English, French, and Spanish.

2. Receiving and transmitting questions or answers from other countries as well as questions or answers from Vietnam to necessary addresses, meeting the information and transparency needs of WTO member countries and Vietnam regarding technical barriers.

PART II
ORGANIZATION OF THE NETWORK AND TASKS OF NOTIFICATION
AND INQUIRY POINTS ON TECHNICAL BARRIERS
TO TRADE

Article 3. Organization of the network

The TBT Network of Vietnam includes:

1. The National Office for Standards, Metrology and Quality (hereinafter referred to as the TBT Office of Vietnam), which is established by the Prime Minister at the General Department of Standards, Metrology and Quality under the Ministry of Science and Technology.

The Minister of Science and Technology shall prescribe the Charter of organization and operation of the TBT Office of Vietnam.

2. Sectoral Notification and Inquiry Points on TBT located in the following Ministries: Trade, Industry, Construction, Transport, Posts and Telecommunications, Natural Resources and Environment, Labor, Invalids and Social Affairs, Health, Agriculture and Rural Development, Fisheries, Culture and Information.

Based on their functions and scope of management, the above-mentioned Ministries shall assign tasks of notification to a subordinate agency; assign tasks of inquiry to one or more subordinate organizations, or may assign both tasks to the same subordinate organization. The Ministries shall notify these assignments to the Ministry of Science and Technology for consolidation and reporting to the Prime Minister.

3. Provincial and municipal Notification and Inquiry Points on TBT (hereinafter collectively referred to as localities) located in the Department of Science and Technology.

Article 4. Tasks of the TBT Office of Vietnam in the network

The TBT Office of Vietnam serves as the national focal point for notifying and inquiring about Vietnam’s technical regulations, standards, conformity assessment procedures, and other issues related to technical barriers to trade according to the guidelines of the WTO, including:

1. Task of notifying other WTO member countries through the WTO Secretariat:

a) Proactively reviewing, identifying, and notifying technical regulations and conformity assessment procedures that have the potential to hinder trade with WTO member countries;

b) Receiving notifications on TBT from sectoral and local TBT Notification Points, processing these notifications before sending them out;

c) The deadline for notifying draft technical regulations and conformity assessment procedures mentioned above is at least 60 days before issuance, except in urgent cases related to health, safety, environmental protection, and national security. Such cases will be handled in accordance with the provisions of Clause 10, Article 2 of the TBT Agreement;

d) Notifying agreements or bilateral, multilateral arrangements signed by Vietnam relating to technical regulations, standards, and conformity assessment procedures; and the acceptance of domestic standardization agencies or organizations in compliance with the Code of Good Practice for the Preparation, Adoption, and Application of Standards (Annex 3 of the TBT Agreement).

2. Task of inquiring with WTO member countries, interested parties of WTO member countries, and domestic interested parties:

a) Receiving and directly responding to inquiries and requests for documentation from TBT Notification and Inquiry Points of WTO member countries or interested parties of WTO member countries (directly or through the WTO Secretariat) regarding technical regulations, standards, and conformity assessment procedures already, currently, and to be implemented in Vietnam;

b) Receive and transfer notifications, questions, and requests for provision of documents from WTO member countries to the Notification and Inquiry Point of the Ministry and localities via Fax or Email within 24 hours of working days upon receipt of such notifications and requests, and urge these agencies to respond;

c) Send questions or requests for provision of documents according to the requirements of interested parties in Vietnam regarding technical regulations, standards, and conformity assessment procedures mentioned in the notifications of WTO member countries to the Notification and Inquiry Points of those countries (directly or through the WTO Secretariat);

3. Coordinate activities, provide guidance on notification and inquiry operations for agencies within the network in accordance with the provisions of the Ministry of Science and Technology;

4. Study and propose measures to ensure resources at all levels and sectors related to the effective operation of the network;

5. Participate in international cooperation activities related to the implementation of transparency obligations under the WTO TBT Agreement as assigned by the Ministry of Science and Technology and the General Department of Standardization, Metrology, and Quality Control;

Article 5. Tasks of the Ministry-level Notification and Inquiry Point on TBT

The Ministry-level Notification and Inquiry Point on TBT performs notification and inquiry tasks within its own management scope; implements tasks according to the coordination of the Vietnam TBT Office and closely cooperates with other agencies in the network as stipulated in this Regulation, including:

1. Notification tasks to the Vietnam TBT Office;

a) Proactively review, detect, and notify the Vietnam TBT Office of technical regulations and conformity assessment procedures within the management scope of the Ministry or sector that may hinder trade with WTO members;

b) The draft of such technical legal regulations and conformity assessment procedures must be notified to the TBT-VN Office at least 65 days before issuance;

c) Notify the Vietnam TBT Office about bilateral or multilateral agreements or arrangements signed by the Government or Ministries/Sectors within their authority concerning technical regulations, standards, and conformity assessment procedures within their management scope; about the acceptance of compliance by provincial standardization agencies with Good Regulatory Practices in the development, issuance, and application of standards (Appendix 3 of the TBT Agreement);

2. Inquiry tasks;

a) Receive and answer questions and information related to the issuance and application of technical regulations, standards, and conformity assessment procedures of the Ministry or sector when requested to be transferred from the Vietnam TBT Office, or from domestic and foreign organizations and individuals;

b) Forward to the Vietnam TBT Office questions or requests for provision of documents from agencies and organizations under the management of the Ministry or sector regarding the technical regulations, standards, and conformity assessment procedures of relevant WTO members concerning the activities of the Ministry or sector;

c) Receive and transfer TBT notifications from WTO member countries to concerned parties domestically: pay attention to business associations and large exporting enterprises in cases where there is a potential for being sued for TBT within the management scope of the Ministry or sector via Fax or Email within 24 hours of working days upon receipt of the notification from the Vietnam TBT Office;

3. Strictly adhere to notification and inquiry procedures as guided by the Vietnam TBT Office;

4. Study and propose measures on resource allocation at direct management levels to ensure effective operations;

5. Participate in international cooperation activities related to the implementation of transparency obligations under the TBT Agreement as proposed by the Vietnam TBT Office and assigned by the direct management agency;

Article 6. Tasks of the Local Notification and Inquiry Point on TBT

The Local Notification and Inquiry Point on TBT performs notification and inquiry tasks within its local management scope; implements tasks according to the coordination of the Vietnam TBT Office and closely cooperates with other agencies in the network as stipulated in this Regulation, including:

1. Notification tasks to the Vietnam TBT Office;

a) Proactively review, detect, and notify the Vietnam TBT Office of technical regulations and conformity assessment procedures within the local management scope that may hinder trade with WTO members;

b) The deadline for notifying draft technical regulations and conformity assessment procedures mentioned above must be at least 65 days before issuance;

c) Notify the Vietnam TBT Office about bilateral or multilateral agreements or arrangements signed by the Provincial People's Committee within their authority concerning technical regulations, standards, and conformity assessment procedures within the local management scope; about the acceptance of compliance by local standardization agencies with Good Regulatory Practices in the development, issuance, and application of standards (Appendix 3 of the TBT Agreement);

2. Inquiry tasks;

a) Receive and answer questions and information related to the issuance and application of technical regulations, standards, and conformity assessment procedures at the local level when requested to be transferred from the Vietnam TBT Office or from domestic and foreign organizations and individuals;

b) Receive and transfer TBT notifications from WTO member countries to concerned parties domestically: pay attention to business associations and large enterprises when there is a potential for being sued or involved in international disputes over TBT within the local management scope via Fax or Email within 24 hours of working days upon receipt of the notification from the Vietnam TBT Office;

c) Forward to the Vietnam TBT Office questions or requests for provision of documents from concerned parties at the local level regarding the technical regulations, standards, and conformity assessment procedures of WTO member countries;

3. Strictly adhere to notification and inquiry procedures as guided by the Vietnam TBT Office;

4. Study and propose measures on resource allocation for the direct management agency to ensure effective operations;

5. Participate in international cooperation activities related to the implementation of transparency obligations under the TBT Agreement as proposed by the Vietnam TBT Office and assigned by the direct management agency;

Article 7. Staffing and Working System of Organizations in the Network

The TBT Notification Agency performs state management functions. The staffing of the TBT Notification Agency is included in the staffing of the direct management agency.

The TBT inquiry point is a public service unit operating according to the direct managing agency's requirements. In addition to the staff quota allocated by the direct managing agency, the TBT inquiry point may hire contractual employees to perform tasks assigned based on its functions.

The Notification Authority and TBT inquiry points operate under a chief executive system and are subject to the direct management of the competent authority regarding specialized matters.

The Notification Authority and TBT inquiry points must comply with relevant financial management laws and regulations.

Article 8. Symbols for national Notification Authorities and TBT inquiry points, at the Ministry level, and local level

The national TBT Notification Authority and inquiry point shall be designated as follows: TBT - VN.

The TBT Notification Authority and inquiry point at the Ministry or provincial level shall be designated as follows: TBT followed by the symbol of the Ministry or province (a hyphen - separates TBT from the symbol of the Ministry or province). In cases where there are multiple notification and inquiry points within a Ministry or locality, the symbols of these points will be supplemented with the symbols of the respective supervising authorities.

In cases where the Notification Authority and inquiry point are not part of the same organization, the symbol for the Notification Authority is TBTTB followed by the symbols of the Ministry, sector, or locality, and the symbol for the inquiry point is TBTHĐ followed by the symbols of the Ministry, sector, or locality.

The Ministry of Science and Technology shall specify the symbols for national Notification Authorities, at the Ministry level, and local level.

CHAPTER III
RESPONSIBILITIES OF THE STATE MANAGEMENT AUTHORITY
NETWORK AND RELATIONSHIP OF ACTIVITY BETWEEN
ORGANIZATIONS IN THE NETWORK

Article 9. The Ministry of Science and Technology is the state authority responsible for managing the network, with the duty to issue and monitor the implementation of guidance documents for notification and inquiry activities in accordance with the TBT Agreement and related WTO guidelines and recommendations.

Article 10. Relationship of activity between organizations in the network

1. Regarding the performance of external functions

The Vietnam TBT Office is the sole entity responsible for performing external functions in notifying about Vietnam's technical trade barriers as stipulated in the TBT Agreement; the TBT Notification Authority and inquiry point at the Ministry and provincial levels send notifications related to their managed sectors and localities to the Vietnam TBT Office for transmission to WTO member countries.

2. Ensuring timeliness and accuracy in specialized matters

The TBT Notification Authority and inquiry point at the Ministry and local levels are responsible for the timeliness and accuracy in specialized matters managed by their respective Ministries, sectors, or localities when carrying out notification and inquiry tasks. In cases where a specialized matter involves multiple Ministries, sectors, or localities, the primary responsible Ministry, sector, or locality must coordinate with other relevant Ministries, sectors, or localities to resolve the matter based on consensus.

In cases where consensus cannot be reached on the aforementioned matter, the primary responsible Ministry, sector, or locality for the specialized matter shall seek the opinion of the Inter-ministerial Committee on TBT. The conclusion of the Inter-ministerial Committee on TBT regarding the specialized matter serves as the basis for the Vietnam TBT Office to provide a response to the concerned party.

3. The Vietnam TBT Office closely collaborates with the National SPS (Sanitary and Phytosanitary Measures) Notification Authority and inquiry point to ensure full execution of notification and inquiry tasks under the TBT Agreement.

4. The Vietnam TBT Office has the right to require central agencies, local agencies, non-governmental organizations, and other entities involved in implementing the TBT Agreement in Vietnam to comply with transparency requirements and provide necessary information in a timely manner.

Article 11. Conditions for operation

The Ministries, sectors, People's Committees of provinces shall be responsible for ensuring necessary resources, including staff, positions, and technical infrastructure, for the operations of the agencies for Notification and Inquiry Points on Technical Barriers to Trade under their management.

The operating funds for the agencies for Notification and Inquiry Points on Technical Barriers to Trade shall be balanced within the annual budget plan of the Ministries, sectors, and localities.

PART IV
IMPLEMENTING PROVISIONS

Article 12. The agencies for Notification and Inquiry Points within the network of notification and inquiry points on Technical Barriers to Trade in Vietnam shall be responsible for implementing the provisions of this Regulation.

The Ministry of Science and Technology, the General Department of Standardization, Measurement, and Quality Control shall be responsible for monitoring, guiding, and supporting the operations of the network of agencies for Notification and Inquiry Points on Technical Barriers to Trade in accordance with the provisions of this Regulation./.