Circular No. 15/2012/TT-BKHCN on the organization and operation of the Inter-Ministerial Board on Technical Barriers to Trade (TBT Board)

CIRCULAR

Provisions on the organization and operation of the Inter-Ministerial Board on Technical Barriers to Trade in Commerce

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Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decision No. 682/QD-TTg dated May 10, 2011 of the Government Prime Minister approving the Implementation Plan for the Technical Barriers to Trade Agreement for the period 2011-2015;

At the proposal of the General Director of the Standardization, Metrology and Quality Control Department;

The Minister of Science and Technology issues this Circular providing for the organization and operation of the Inter-Ministerial Board on Technical Barriers to Trade in Commerce,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the functions, tasks, powers, organization, and operation of the Inter-Ministerial Board on Technical Barriers to Trade in Commerce (Technical Barriers to Trade - abbreviated as TBT). It shall be referred to as the Inter-Ministerial TBT Board.

Article 2

Applicability

This Circular applies to Ministries, ministerial-level agencies (hereinafter collectively referred to as relevant Ministries and sectors), members of the Inter-Ministerial TBT Board, and related agencies, organizations, and individuals.

Chapter II

FUNCTIONS, TASKS AND POWERS

Article 3.

The Inter-Ministerial TBT Board has the function of advising and consulting the Government and relevant Ministries and sectors in matters relating to:

1. Coordinating to ensure the implementation of obligations prescribed in the Technical Barriers to Trade Agreement (referred to as the TBT Agreement) in Vietnam, particularly in issues related to policy and enforcement mechanisms of the TBT Agreement, advising on resolving disputes over technical barriers to trade arising between Vietnam and other Members of the World Trade Organization (WTO) and vice versa.

2. Coordinating the implementation of the TBT Agreement Implementation Plan approved by the Government Prime Minister and coordinating with related programs, plans, and projects.

Article 4. Tasks of the Inter-Ministerial TBT Board

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

2. Studying, advising, and proposing measures to amend, supplement, and improve regulations or to resolve issues arising during the implementation of the TBT Agreement, according to the requirements of the WTO's Committee on Technical Barriers to Trade (TBT Committee), the WTO Ministerial Conference, and relevant Ministries and sectors.

3. Studying, advising, and proposing solutions to protect Vietnam's interests during the implementation of specific obligations prescribed in the TBT Agreement concerning:

a) The development and review of normative legal documents containing technical standards, technical regulations, standards, and conformity assessment procedures.

b) The harmonization of national standards with international, regional, and foreign standards.

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

4. Considering, advising, and proposing measures to address disputes and complaints about TBT arising between WTO Member States and Vietnam and vice versa.

5. Considering and concluding on inter-ministerial technical issues as a basis for implementing notification and inquiry obligations when requested by the National Office for Standardization, Measurement, and Quality (referred to as the TBT Vietnam Office).

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

7. Cooperating with agencies and organizations of relevant Ministries and sectors to implement projects, plans, programs, and plans to enforce the TBT Agreement; supporting agencies, organizations, and localities in implementing TBT enforcement programs and projects in provinces and centrally-administered cities.

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

Article 5. Powers of the Inter-Ministerial Board on Technical Barriers to Trade (TBT)

1. Access to information and documents on TBT received from the World Trade Organization (WTO) and relevant agencies and organizations in Vietnam; participation in domestic and international activities related to TBT.

2. Propose the Ministry of Science and Technology or the General Department of Standardization, Metrology and Quality to invite experts from domestic and foreign organizations and individuals for consultation on specific technical issues related to TBT.

3. Utilize staff and means of the Vietnamese TBT Office to support the performance of tasks.

Chapter III

ORGANIZATIONAL STRUCTURE

Article 6. Organizational structure of the Inter-Ministerial Board on TBT

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

2. The Deputy Chairperson is a representative of the leadership of the General Department of Standardization, Metrology and Quality.

3. The Secretary is the Director of the Vietnamese TBT Office.

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

a) Government Office;

b) Ministry of Industry and Trade;

c) Ministry of Health;

d) Ministry of Agriculture and Rural Development;

đ) Ministry of Natural Resources and Environment;

e) Ministry of Information and Communications;

g) Ministry of Transport;

h) Ministry of Construction;

i) Ministry of Labor, Invalids and Social Affairs;

k) Ministry of Culture, Sports and Tourism;

l) Ministry of Justice;

m) Ministry of Finance;

n) Ministry of Science and Technology.

5. The General Department of Standardization, Metrology and Quality under the Ministry of Science and Technology is the permanent agency of the Inter-Ministerial Board on TBT, responsible for coordinating the activities of the Inter-Ministerial Board on TBT through the Vietnamese TBT Office, located at No. 8 Hoang Quoc Viet Street, Cau Giay District, Hanoi City.

6. The Inter-Ministerial Board on TBT uses the seal of the Ministry of Science and Technology in official documents sent to relevant agencies, organizations, and individuals.

Article 7. Duties of the Chairperson, Deputy Chairperson, Secretary, and Members of the Inter-Ministerial Board on TBT

1. Tasks of the Chairperson:

a) Lead the Inter-Ministerial Board on TBT in accordance with its functions, duties, and powers stipulated in Articles 3, 4, and 5 of this Circular;

b) Direct the preparation of content for issues to be discussed at meetings of the Inter-Ministerial Board on TBT;

c) Convene and chair meetings of the Inter-Ministerial Board on TBT;

d) Represent the Inter-Ministerial Board on TBT to sign documents sent to organizations and individuals;

đ) Based on the requirements of the WTO's TBT Committee and according to the directives of the Ministry of Science and Technology, appoint representatives of the Inter-Ministerial Board on TBT to participate in meetings of the TBT Committee and other related activities of the WTO.

2. Tasks of the Deputy Chairperson:

a) Assist the Chairperson in managing the activities of the Inter-Ministerial Board on TBT and be accountable to the Chairperson for responsibilities assigned;

b) Act on behalf of the Chairperson to manage and resolve matters within the Chairperson's authority when the Chairperson is absent.

3. Duties of the Secretary

Perform the duties of a Member as stipulated in Clause 4 of this Article and the following duties:

a) Prepare documents and other necessary conditions for meetings of the Inter-Ministerial Board on TBT as directed by the Chairperson and Deputy Chairperson;

b) Serve as secretary for meetings of the Inter-Ministerial Board on TBT;

c) Draft, distribute, and store and preserve common documents of the Inter-Ministerial Board on TBT;

d) Speak on behalf of the Inter-Ministerial Board on TBT;

đ) Coordinate with the Vietnamese TBT Office and members of the Inter-Ministerial Board on TBT to receive and respond to requests regarding technical barriers to trade from agencies, organizations, and individuals outside regular meetings;

e) Perform other tasks as required by the Chairperson and Deputy Chairperson outside regular meetings.

4. Tasks of Members:

a) Fully participate in all meetings of the Inter-Ministerial Board on TBT;

b) Study documents and contribute opinions on issues to be discussed in meetings of the Inter-Ministerial Board on TBT or provide comments on documents requested by the Chairperson and Deputy Chairperson;

c) Monitor the implementation of TBT activities in practice and propose issues for discussion at meetings of the Inter-Ministerial Board on TBT;

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

Article 8. Rights of Members of the Inter-Ministerial Board on Technical Barriers to Trade (TBT)

1. Participate in training courses and workshops related to TBT issues; programs and projects aimed at supporting the implementation of the TBT Agreement in Vietnam and other TBT activities both domestically and internationally as required by the Ministry of Science and Technology.

2. Be provided with necessary working conditions to perform tasks and powers stipulated in Articles 4 and 5 of this Circular.

3. Receive remuneration when performing tasks involving providing opinions, proposing solutions and measures related to the implementation of the TBT Agreement according to state regulations.

Article 9. Recognition and Replacement of Members of the Inter-Ministerial Board on TBT

The Minister of Science and Technology shall issue decisions recognizing and replacing members of the Inter-Ministerial Board on TBT based on written proposals from relevant ministries and sectors.

Chapter IV

FORM AND CONDITIONS OF OPERATION

Article 10. Decisions of the Inter-Ministerial Board on TBT

Decisions of the Inter-Ministerial Board on TBT are adopted based on consensus. In case consensus cannot be reached, the majority principle will be applied.

Members may reserve their opinions but must comply with decisions of the Inter-Ministerial Board on TBT. In cases where reservations are made, recommendations and proposals submitted by the Inter-Ministerial Board to relevant state agencies must include the reserved opinion and an explanation thereof (if necessary).

Recommendations and proposals of the Inter-Ministerial Board are considered and used by competent authorities for their own decisions.

Article 11. Meetings of the Inter-Ministerial Board on TBT

1. Regular Meetings

Regular meetings of the Inter-Ministerial Board on TBT are held twice a year, in the first six months and the last six months of the year. The agenda includes reviewing past work programs, approving future work programs, and considering emerging issues and proposals.

Participants in the meeting include members of the Inter-Ministerial Board on TBT and representatives of organizations and individuals concerned. The composition and number of representatives of organizations and individuals attending regular meetings are decided by the Chair before each meeting.

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

2. Extraordinary Meetings

In case of necessity, the Chair may convene extraordinary meetings of the Inter-Ministerial Board on TBT. The composition of extraordinary meetings, depending on the content and scope of the issues to be resolved, is decided by the Chair.

Documents serving extraordinary meetings will be sent to members of the Inter-Ministerial Board on TBT before the meeting via electronic means or provided during the meeting, depending on the emergent issues.

3. In case a member of the Inter-Ministerial Board on TBT is unable to attend a meeting of the Board, they may authorize another person to attend and notify the Secretary Member. The authorized person must be familiar with the anticipated agenda items and has the right to participate in discussions and express opinions, but does not have voting rights.

4. Reports on the results of regular and extraordinary meetings will be sent to members of the Inter-Ministerial Board on TBT, the Ministry of Science and Technology, relevant ministries and sectors, and other organizations and individuals concerned (if necessary).

Article 12. Responsibilities of Relevant Ministries, Sectors, and Organizations

1. Relevant ministries and sectors shall cooperate with the Ministry of Science and Technology to dispatch representatives to participate in the Inter-Ministerial Committee on Technical Barriers to Trade (TBT) and create conditions for the completion of the tasks of the members of the Inter-Ministerial Committee on TBT as prescribed in this Circular.

2. Support the activities of the Inter-Ministerial Committee on TBT in resolving specialized issues directly related to the ministries, sectors, and organizations. At the request of the Chairperson or in necessary cases, the ministries, sectors, and organizations may assign specialized agencies to study and provide comments.

Article 13. Operating Expenses

The operating expenses of the Inter-Ministerial Committee on TBT are guaranteed from the state budget and may be raised from other legitimate sources such as aid, sponsorship, and investment from domestic and foreign organizations and individuals.

The operating expenses from the state budget for the Inter-Ministerial Committee on TBT are allocated annually in the budget estimate of the Ministry of Science and Technology in accordance with the State Budget Law.

Chapter V

IMPLEMENTING PROVISIONS

Article 14. Effectiveness of the Circular

This Circular takes effect from October 1, 2012, and replaces Decision No. 07/2006/QĐ-BKHCN dated March 20, 2006, issued by the Minister of Science and Technology on the Regulations on the Organization and Operation of the Inter-Ministerial Committee on Technical Barriers to Trade in Commerce.

Article 15. Implementation Organization

During the implementation of this Circular, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly reflect them in writing to the Ministry of Science and Technology for research, amendment, and supplementation to ensure compliance./.