Decision No. 12/2003/QĐ-BKHCN On the Issuance of the Charter on Organization and Operation of the Notification Office and Inquiry Point for Standards, Measurement, and Quality

 

Pursuant to …;

Regarding the issuance of the Charter on the Organization and Operation of the Notification and Inquiry Office for Standards, Measurement, and Quality

and the Inquiry Office for Standards, Measurement, and Quality

_________________________________________________________ 

THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government on tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment (now the Ministry of Science and Technology);

Pursuant to Decision No. 356/QĐ-BKHCN dated March 25, 2003 of the Minister of Science and Technology on the establishment of the Notification and Inquiry Office for Standards, Measurement, and Quality;

Based on the proposal of the Director General of the National Standardization, Measurement, and Quality Control Agency and the Director of the Department of Organization and Scientific Personnel,

DECISION:

Article 1. This Decision hereby promulgates the Charter on the Organization and Operation of the Notification and Inquiry Office for Standards, Measurement, and Quality.

The Charter consists of five chapters and twelve articles.

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 Permanent Secretary of the Ministry, the Director General of the National Standardization, Measurement, and Quality Control Agency, the Director of the Notification and Inquiry Office for Standards, Measurement, and Quality, the Director of the Department of Organization and Scientific Personnel, and the Heads of related units shall be responsible for implementing this Decision.

 

 

 

CHARTER

CHARTER

ORGANIZATION AND OPERATIONS OF THE NOTIFICATION AND INQUIRY OFFICE FOR STANDARDS, MEASUREMENT, AND QUALITY

(Issued together with Decision No. 12/2003/QĐ-BKHCN dated May 26, 2003 of the Minister of Science and Technology)
GENERAL PROVISIONS

The Notification and Inquiry Office for Standards, Measurement, and Quality (referred to as the Vietnam TBT Notification Authority) is a self-financing entity under the National Standardization, Measurement, and Quality Control Agency, serving as the national focal point for inquiries and notifications regarding technical regulations and conformity assessment procedures related to trade-related technical barriers (TBT) of the World Trade Organization (WTO).

Chapter 1:

Trading name in English: Vietnam WTOLTBT Notification Authority and Enquiry Point.

Article 1. The Vietnam TBT Notification Authority has legal personality, its own seal for transactions, and is entitled to open accounts at the State Treasury and the State Bank.

The main office of the Vietnam TBT Notification Authority is located in Hanoi.

Article 2. Article 4. The Vietnam TBT Notification Authority has the following primary tasks and powers:

Article 3. 1. To notify Vietnam's technical regulations and conformity assessment procedures that have been, are being, or will be applied to the WTO Secretariat; simultaneously receiving and disseminating notifications from WTO member countries to relevant domestic organizations according to WTO guidelines.

Chapter 2:

TASKS AND POWERS

2. To respond to inquiries about technical regulations, standards (including draft standards), conformity assessment procedures that have been, are being, or will be applied, and other issues related to standards, measurement, quality, and trade-related technical barriers in accordance with the provisions of the WTO/TBT Agreement.

3. To organize and participate in professional activities aimed at guiding and disseminating knowledge about trade-related technical barriers to relevant agencies, organizations, and individuals.

4. To participate in bilateral and multilateral international cooperation activities on trade-related technical barriers as assigned by the National Standardization, Measurement, and Quality Control Agency.

5. To sign and implement projects and contracts for providing information and consulting services on trade-related technical barriers with domestic and foreign organizations and individuals to fulfill the above tasks in accordance with current state regulations.

6. To perform other tasks assigned by the National Standardization, Measurement, and Quality Control Agency.

7. To manage personnel, finance, and assets of the Vietnam TBT Notification Authority in accordance with current legal regulations.

ORGANIZATIONAL STRUCTURE AND WORK RELATIONSHIPS

7. Management of personnel, finance, and assets of the Office of the Vietnam Trade Representative in accordance with current legal provisions.

Chapter 3:

ORGANIZATIONAL STRUCTURE AND WORK RELATIONSHIPS

Article 5. The Office of the Technical Barriers to Trade (TBT) of Vietnam shall be organized and operate under the head system.

The Director of the Office shall be appointed by the General Director of the Standardization, Measurement and Quality Control Department upon agreement from the leadership of the Ministry of Science and Technology.

The Director of the Office shall be responsible before the General Director of the Standardization, Measurement and Quality Control Department and before the law for all activities of the Office.

The Deputy Director of the Office shall have the responsibility to assist the Director in leading the Office and shall be responsible before the Director for the assigned tasks.

Article 6. The staffing of the Office of the TBT of Vietnam shall be decided by the General Director of the Standardization, Measurement and Quality Control Department within the total number of staff approved for the Department. The remaining staff shall work under labor contracts.

Article 7. The Office of the TBT of Vietnam includes the following units:

1. Administrative unit.

2. Business unit dealing with notifications and responses to questions about technical barriers to trade.

When necessary, the Office may establish branches in Da Nang City, Ho Chi Minh City and other localities as prescribed by law.

Article 8. The Office of the TBT of Vietnam shall closely coordinate with units and organizations inside and outside the Standardization, Measurement and Quality Control Department to fulfill the tasks stipulated in Article 4 of this Charter.

Chapter 4:

FINANCIAL ACTIVITIES

Article 9. The Office of the TBT of Vietnam is a self-financing public service entity.

The financial resources of the Office of the TBT of Vietnam include:

1. Funding from the state budget.

2. Legal income from implementing projects and contracts providing information and consulting on technical barriers to trade for relevant agencies, organizations, and individuals.

3. Financial support from domestic and foreign organizations and individuals.

4. Other sources.

Article 10. The Director of the Office of the TBT of Vietnam shall be responsible for effectively utilizing the financial resources of the Office and managing finances in accordance with current legal regulations.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 11. This Charter shall take effect fifteen days from the date of publication in the Official Gazette.

Article 12. Any amendments or supplements to this Charter shall be proposed by the General Director of the Standardization, Measurement and Quality Control Department in coordination with the Head of the Organization and Cadres Department of the Ministry of Science and Technology, and shall be decided by the Minister of Science and Technology.