Circular No. 16/2018/TT-BKHCN stipulates the operation and coordination within the Network of Notification and Inquiry Points and the Inter-Ministerial Board on Technical Barriers to Trade.

CIRCULAR

Regulations on activities and coordination within the Network of Notification and Inquiry Agencies and the Inter-Ministerial Committee on Technical Barriers to Trade

 and the Inter-Ministerial Committee on Technical Barriers to Trade

_______________________________

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

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;

Pursuant to Decision No. 46/2017/QĐ-TTg dated November 24, 2017 of the Prime Minister promulgating the Regulation on the organization and operation of the Network of Notification and Inquiry Agencies and the Inter-Ministerial Committee on Technical Barriers to Trade;

Pursuant to Decision No. 34/2007/QĐ-TTg dated March 12, 2007 of the Prime Minister on the issuance of the Regulation on the establishment, organization, and operation of inter-ministerial coordination organizations;

At the proposal of the Director General of the National Standardization, Metrology and Quality Control Department and the Head of the Legal Affairs Department;

The Minister of Science and Technology issues this Circular regulating the activities and coordination within the Network of Notification and Inquiry Agencies and the Inter-Ministerial Committee on Technical Barriers to Trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the coordinated activities in notification, processing of comments, handling trade concerns, and inquiries regarding technical barriers to trade by the Network of Notification and Inquiry Agencies on Technical Barriers to Trade and the mechanism for coordinating activities among members of the Inter-Ministerial Committee on Technical Barriers to Trade as stipulated in Decision No. 46/2017/QĐ-TTg dated November 24, 2017 of the Prime Minister promulgating the Regulation on the organization and operation of the Network of Notification and Inquiry Agencies and the Inter-Ministerial Committee on Technical Barriers to Trade (hereinafter referred to as Decision No. 46/2017/QĐ-TTg) to ensure the implementation and management of commitments under the TBT Agreement in the WTO.

2. This Circular applies to agencies belonging to the Network of Notification and Inquiry Agencies on Technical Barriers to Trade, the Inter-Ministerial Committee on Technical Barriers to Trade, and related agencies, organizations, and individuals engaged in notification and inquiry activities on technical barriers to trade.

Article 2. Explanation of terms

1. The terms "standard," "technical regulation," and "conformity assessment procedure" in this Circular shall be implemented in accordance with the provisions of the WTO's TBT Agreement and the Law on Standards and Technical Regulations, the Law on Product Quality, and Goods Quality of Vietnam.

2. Relevant documents concerning TBT measures are legal instruments in the form of Laws, Decrees, Circulars, and Decisions stipulating mandatory technical measures including labeling, marking, packaging to ensure safety, health, protection of animals and plants, environment, quality, national interests, and security, and other management requirements, or stipulating mandatory references to standards, technical regulations, and conformity assessment procedures.

3. A TBT trade concern is a comment from WTO Member States on TBT measures of other WTO Member States at formal meetings of the WTO's TBT Committee. Comments not raised at formal meetings of the WTO's TBT Committee are not considered TBT trade concerns.

The National Standardization Organization of Vietnam is the General Department of Standardization, Metrology, and Quality Control.

Article 3. Explanation of Abbreviations

1. The names of agencies, organizations in the region and internationally, and foreign language terms used in this Circular include:

a) CCCN: Harmonized System of Goods Nomenclature of the Customs Cooperation Council;

b) ePing: World Trade Organization's Technical Barriers to Trade and Sanitary and Phytosanitary Measures Notification System;

c) HS: Harmonized Commodity Description and Coding System of the World Customs Organization;

d) ICS: International Classification for Standards Numbering System;

đ) TBTIMS: World Trade Organization's Technical Barriers to Trade Information Management System;

e) ISO: International Organization for Standardization;

g) SPS: Sanitary and Phytosanitary;

h) TBT: Technical Barriers to Trade;

i) TBTNSS: World Trade Organization's Technical Barriers to Trade Notification Submission System;

k) WTO: World Trade Organization;

l) Code of Good Practice: Code of Good Practice for the Preparation, Adoption and Application of Standards;

2. The abbreviations of agencies and organizations within the Network of National Enquiry Points and Notifications on Technical Barriers to Trade and the Inter-ministerial Committee on Technical Barriers to Trade are as follows:

a) Vietnam TBT Network: Vietnam Network of National Enquiry Points and Notifications on Technical Barriers to Trade. The Vietnam TBT Network includes the Vietnam TBT Office, TBT Points of Ministries and local agencies implementing TBT activities;

b) TBT Inter-ministerial Committee: Inter-ministerial Committee on Technical Barriers to Trade;

c) Vietnam TBT Office: National Office for Notifications and Enquiries on Standards, Metrology and Quality;

d) TBT Point of Ministry: Ministry's Office for Notifications and Enquiries on Technical Barriers to Trade;

đ) Local agency implementing TBT activities: Provincial Standards, Metrology and Quality Control Agency under the Department of Science and Technology in 63 provinces and centrally-administered cities;

Article 4. Notification on Technical Barriers to Trade

1. Notifications on Technical Barriers to Trade are notifications from Vietnam and notifications from WTO Member States sent to the WTO according to the model of the WTO's TBT Committee to implement the provisions of the TBT Agreement.

2. The objects of Vietnam's notifications on Technical Barriers to Trade include:

a) Draft technical regulations, conformity assessment procedures, and draft related documents concerning measures that may significantly affect trade. In cases where the impact on trade of these draft documents cannot be assessed, notification should be considered to enhance transparency;

b) Other notification requirements pursuant to the TBT Agreement commitments.

Article 5. Enquiries on Technical Barriers to Trade

Enquiries on Technical Barriers to Trade involve asking and answering questions related to Technical Barriers to Trade, including:

1. Documents as stipulated in point a, Clause 2, Article 4 of this Circular and Vietnamese standards;

2. Standards, technical regulations, and conformity assessment procedures of WTO Member States.

Chapter II

MECHANISMS FOR OPERATIONS, COORDINATION OF NOTIFICATIONS, ENQUIRIES AND HANDLING

MECHANISMS FOR SUBMISSION OF COMMENTS AND CONCERNS ON TECHNICAL BARRIERS TO TRADE IN THE VIETNAM TBT NETWORK

Article 6. Notification of Vietnam's TBT to the WTO

1. Notifications of technical regulations, conformity assessment procedures, and related documents concerning TBT measures specified in Articles 2.9.2, 2.10.1, 3.2, 5.6.2, 5.7.1, and 7.2 of the TBT Agreement shall be implemented according to the provisions of Section I and Forms 01, 02, 03, and 04 of Appendix 1 issued together with this Circular.

2. Notifications of international agreements relevant to technical regulations, standards, or conformity assessment procedures that may have significant trade effects as provided for in Article 10.7 of the TBT Agreement shall be implemented according to the provisions of Section II and Form 05 of Appendix 1 issued together with this Circular. The notification process under this procedure will not need to be carried out if a WTO member participating in the agreement has already made the notification to the WTO.

3. Notifications pursuant to Points C and J of Appendix 3 of the TBT Agreement on Good Regulatory Practices in the development, issuance, and application of standards:

a) This notification applies to the approval or revocation of approval for Good Regulatory Practices in the development, issuance, and application of standards. Approval or revocation is voluntary.

b) The Vietnam TBT Office sends notifications regarding the approval or revocation of approval for Good Regulatory Practices in the development, issuance, and application of standards based on requests from national standardization organizations.

c) The Vietnam TBT Office coordinates with relevant units to implement notifications of the Standard Development Plan for ISO.

d) The implementation process of notifications pursuant to Points C and J of Appendix 3 of the TBT Agreement on Good Regulatory Practices in the development, issuance, and application of standards shall be carried out according to the provisions of Section III and Forms 06, 07, and 08 of Appendix 1 issued together with this Circular.

Article 7. Handling Comments on TBT

1. Procedures for receiving and handling comments from WTO Member States on Vietnam's TBT measures and for responding to comments from WTO Member States on Vietnam's TBT measures shall be implemented according to the provisions of Appendix 2 issued together with this Circular.

2. TBT Points of the Ministries are responsible for coordinating relevant agencies within their ministries to provide content for responses to comments from WTO Member States and to coordinate with the Vietnam TBT Office to respond within the required timeframe.

a) For direct comments received from WTO Member States, the TBT Points of the Ministries are responsible for directly responding and informing the Vietnam TBT Office for tracking and summarizing.

b) For comments received through the Vietnam TBT Office, the TBT Points of the Ministries are responsible for sending responses to the Vietnam TBT Office for forwarding.

3. In cases where it is necessary to comment on TBT measures of other WTO Members that could affect Vietnam's trade, the TBT Points of the Ministries prepare proposals and provide information to the Vietnam TBT Office to send or work with other WTO Members at TBT Committee meetings.

Article 8. Handling Trade Concerns Regarding TBT

1. Procedures for receiving and handling trade concerns from WTO Member States regarding Vietnam's TBT measures and for responding to trade concerns from other WTO Members regarding Vietnam's TBT measures shall be implemented according to the provisions of Appendix 3 issued together with this Circular.

2. Consideration of Vietnam's trade concerns regarding TBT measures of other WTO Member States:

a) The TBT Points of the Ministries and local agencies implementing TBT activities are responsible for monitoring and updating notifications from WTO Member States on ePing and TBTIMS.

b) The Vietnam TBT Office issues warnings about TBT to ministries, sectors, associations, enterprises, and relevant local agencies through the TBT Information Portal, drafts warning letters for submission to competent authorities for sending to ministries, sectors, associations, enterprises, and relevant local agencies, or implements TBT warnings through other appropriate means.

Article 9. Handling of TBT-related inquiries and responses

1. The Points of TBT of each Ministry shall coordinate with relevant agencies within their Ministries to provide answers to questions related to TBT measures from domestic and foreign organizations and individuals in accordance with the provisions set forth in Appendix 4 attached to this Circular.

2. For direct inquiries received from domestic and foreign organizations and individuals, the Points of TBT of each Ministry and local agencies implementing TBT shall directly respond and inform the Vietnam TBT Office for monitoring and consolidation.

3. For inquiries received through the Vietnam TBT Office, the Points of TBT of each Ministry and local agencies implementing TBT shall send direct responses to the inquiring party and inform the Vietnam TBT Office or submit the responses to the Vietnam TBT Office for forwarding.

Chapter III

ACTIVITIES AND COOPERATION IN THE INTER-MINISTERIAL COMMITTEE ON TBT

Article 10. Activities and cooperation

1. Members shall fully and promptly implement programs and plans approved by the Chairperson as stipulated in Article 17 of this Circular and other directives for urgent tasks.

2. The Inter-Ministerial Committee operates under a collective working system, making decisions by majority vote on the Committee's plans and conclusions.

Article 11. Tasks of Members of the Inter-Ministerial Committee on TBT

1. Tasks of the Chairperson:

a) Lead the Inter-Ministerial Committee on TBT to manage its activities according to the functions, tasks, and authorities prescribed in Articles 8 and 9 of Decision No. 46/2017/QĐ-TTg;

b) Convene regular and extraordinary meetings of the Inter-Ministerial Committee on TBT and sign documents sent to organizations and individuals on behalf of the Committee;

c) Appoint representatives of the Inter-Ministerial Committee on TBT to participate in meetings and other activities related to TBT of the WTO at the request of relevant state agencies;

d) Sign and issue documents, programs, reports, and conclusions of the Inter-Ministerial Committee on TBT meetings.

2. Tasks of the Deputy Chairperson:

a) Assist the Chairperson in managing the activities of the Inter-Ministerial Committee on TBT and be responsible to the Chairperson for the assigned tasks;

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

c) Direct the activities of the Vietnam TBT Office when coordinating and cooperating in the activities of the Inter-Ministerial Committee on TBT;

d) Process proposals and recommendations from members of the Inter-Ministerial Committee, resolve other matters within the Committee's responsibilities and submit them to the Chairperson for review and approval.

3. Tasks of the Secretary Member:

Fulfill the tasks of a Member as prescribed in Clause 4 of this Article and the following tasks:

a) Prepare draft programs and other documents of the Inter-Ministerial Committee on TBT; issues to be discussed involving ministries, sectors, or localities; unified guidance measures proposed by members of the Inter-Ministerial Committee or the Vietnam TBT Network for consideration and decision by the Chairperson;

b) Draft the budget for the Inter-Ministerial Committee on TBT activities in accordance with the law;

c) Prepare materials and other necessary conditions for Committee meetings as directed by the Chairperson and Deputy Chairperson;

d) Serve as secretary for Inter-Ministerial Committee on TBT meetings;

đ) Draft, distribute, and store and preserve common documents of the Committee;

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

4. Tasks of Members:

a) Fully participate in all meetings of the Committee;

b) Propose to the leadership of their ministry or sector to adjust, supplement, and improve their economic and trade management policies and measures in line with legal regulations, government policies, and international commitments on TBT made by Vietnam;

c) Study documents, propose issues for discussion, contribute opinions on matters discussed in Committee meetings, or comment on documents requested by the Chairperson and Deputy Chairperson. The member's opinion represents the viewpoint of their supervising agency;

d) Proactively monitor the implementation of TBT activities in practice, have responsibility to coordinate with their Ministry's TBT Points to unify viewpoints before submitting opinions to the permanent agency as the basis for the Committee's conclusion on the fulfillment of notification and inquiry obligations;

đ) Safeguard classified documents in accordance with the law.

Article 12. Benefits of Members of the Inter-Ministerial Board on Technical Barriers to Trade (TBT)

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

2. Ensure necessary working conditions for performing tasks stipulated in this Circular.

Article 13. Recognition and Change of Members of the Inter-Ministerial Board on TBT

The Minister of Science and Technology shall issue decisions recognizing and changing members of the Inter-Ministerial Board on TBT based on written proposals from agencies specified in Article 10 of Decision No. 46/2017/QĐ-TTg.

Article 14. Decisions of the Inter-Ministerial Board on TBT

1. Decisions of the Inter-Ministerial Board on TBT shall be implemented according to the provisions of Clause 2, Article 11 of Decision No. 46/2017/QĐ-TTg.

2. Members may reserve their opinions but must comply with decisions of the Inter-Ministerial Board on TBT. Recommendations and proposals of the Inter-Ministerial Board on TBT shall be submitted to competent authorities for consideration when making decisions.

Article 15. Meetings of the Inter-Ministerial Board on TBT

1. Regular Meetings

a) The Inter-Ministerial Board on TBT operates through regular meetings held once a year. The content of regular meetings aims to evaluate the annual work plan, approve the work plan for the following year, and/or review emerging issues and proposals.

b) Participants in regular meetings include members of the Inter-Ministerial Board on TBT and representatives of organizations and individuals relevant to the meeting. The composition and number of representatives from relevant organizations and individuals attending regular meetings shall be decided by the Chairperson before each meeting.

c) Documents serving regular meetings shall be sent to members of the Board at least seven working days prior to the meeting in writing or via electronic means.

2. Extraordinary Meetings

a) In case of necessity, the Chairperson may convene extraordinary meetings of the Inter-Ministerial Board on TBT. The composition of extraordinary meetings will depend on the content and scope of the issues to be resolved and shall be decided by the Chairperson.

b) Documents serving extraordinary meetings shall 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 cannot attend a meeting, they must authorize another person to attend and notify the Secretary Member. The authorized person must be familiar with the agenda items to be discussed and have the right to participate in expressing opinions, but not the right to vote.

4. Reports on the results of regular and extraordinary meetings shall be sent to members of the Inter-Ministerial Board on TBT as stipulated in Article 10 of Decision No. 46/2017/QĐ-TTg and other relevant organizations and individuals as decided by the Chairperson.

Chapter IV

RESPONSIBILITIES OF THE VIETNAM TBT NETWORK, THE INTER-MINISTERIAL BOARD ON TBT AND PROVINCES/CITIES UNDER THE CENTRAL GOVERNMENT

THE INTERMINISTERIAL COMMITTEE ON TECHNICAL BARRIERS TO TRADE AND THE PROVINIAL PEOPLE'S COMMITTEES, THE CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL GOVERNMENT

THE PROVINCES, THE centrally governed cities

Article 16. Responsibilities of the Vietnam TBT Network

1. The Vietnam TBT Office:

a) Is the sole agency responsible for notifying TBT information to the World Trade Organization (WTO);

b) Uniformly manages TBT notification and inquiry activities of Vietnam;

c) Implements the notification and inquiry procedures prescribed in Appendices 1 and 4 issued together with this Circular;

d) Coordinates with relevant ministries, associations, enterprises, and local authorities in handling trade concerns and comments on TBT according to the procedures prescribed in Appendices 2 and 3 issued together with this Circular;

đ) Supervises and guides the operations of TBT Points of Ministries and local authorities in implementing notifications and inquiries according to their functions;

e) Coordinates and operates the TBT information portal to serve TBT notification and inquiry activities.

2. TBT Points of Ministries and local authorities engaged in TBT activities:

a) Draft notifications on TBT and submit them to the Vietnam TBT Office for implementation of Point a, Clause 1, Article 16 of this Circular;

b) Coordinate with relevant agencies within their ministries and localities in TBT activities and cooperate with the Vietnam TBT Office in conducting inquiries, handling comments and trade concerns on TBT;

c) Fulfill the responsibilities of ministries and localities according to the notification, inquiry, comment handling, and trade concern resolution procedures prescribed in Appendices 1, 2, 3, and 4 issued together with this Circular;

d) Provide information about TBT focal points in their ministries and localities one month after this Circular takes effect and immediately provide updated information to the Vietnam TBT Office when there are changes related to TBT focal points in their ministries and localities;

đ) Report every six months to the Ministry of Science and Technology on the activities of TBT Points for the Ministry of Science and Technology to compile and report to the Prime Minister;

e) Ensure the provision of TBT information on the Vietnam TBT Information Portal according to the guidance of the Vietnam TBT Office.

Article 17. Responsibilities of the Inter-Ministerial Board on Technical Barriers to Trade (TBT)

1. Study, propose, discuss, and unify issues related to business operations concerning collaborative work that require collective discussion:

a) Propose to the leadership of Ministries and sectors to direct the adjustment, supplementation, and improvement of their economic and trade policy systems and management measures in accordance with the Government's policies and Vietnam's international commitments;

b) Recommend state agencies with competent authority to amend, supplement, or replace relevant legal normative documents.

2. Advise on resolving trade concerns and disputes related to TBT and issues arising from the implementation of international treaties involving TBT:

a) Propose common measures to promptly guide the resolution of difficulties and inadequacies arising in collaborative work and enhance legal assistance for TBT activities;

b) Direct relevant agencies, organizations, and individuals to implement collaborative work on business operations and other matters related to providing legal assistance for TBT activities;

c) Handle and conclude inter-ministerial specialized issues proposed by TBT Points within the TBT Network of Vietnam, serving as a basis for fulfilling notification and response obligations.

3. Propose action programs and solutions to implement obligations and protect Vietnam's interests during the execution of international treaties involving TBT:

a) Issue annual activity plans, long-term activity plans, or Action Programs according to each phase of the Inter-Ministerial Board;

b) Guide and inspect relevant agencies within the TBT Network of Vietnam in building and implementing TBT activity plans.

Article 18. Responsibilities of Ministries, Provincial People's Committees, and Municipalities under Central Administration

1. Direct subordinate agencies to provide annual programs for drafting legal normative documents; documents specified in Point a Clause 2 Article 2 of this Circular for TBT Points of Ministries and agencies conducting TBT activities at local levels to ensure Vietnam's notification obligations regarding TBT.

2. Direct agencies and organizations under their Ministries, sectors, and localities to closely and promptly coordinate with TBT Points of Ministries, sectors, and agencies conducting TBT activities at local levels in fulfilling TBT response obligations.

3. Agencies stipulated in Article 10 of Decision No. 46/2017/QĐ-TTg shall be responsible for nominating representatives to join the Inter-Ministerial Board on TBT and creating conditions to complete the tasks of the Inter-Ministerial Board members as prescribed in this Circular.

4. Support the Inter-Ministerial Board on TBT in addressing specialized issues directly related to their Ministries, sectors, or organizations. Upon request of the Board Chair or when necessary, Ministries, sectors, and organizations may assign specialized agencies to study and provide comments.

5. Appoint personnel and allocate resources and funding to collaborate with the Vietnamese TBT Office to attend WTO TBT Committee meetings to conduct bilateral work with WTO Member States and respond to trade concerns related to TBT measures under their responsibility.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Circular takes effect from January 15, 2019.

2. Decision No. 09/2006/QĐ-BKHCN dated May 4, 2006, issued by the Minister of Science and Technology on "Regulations on Notification and Response Procedures of the Network of Notification and Inquiry Points of Vietnam on Technical Barriers to Trade" and Circular No. 15/2012/TT-BKHCN dated August 8, 2012, issued by the Minister of Science and Technology on "Regulations on the Organization and Operation of the Inter-Ministerial Board on Technical Barriers to Trade" shall cease to be effective from the date this Circular takes effect.

Article 20. Implementation

1. During implementation, if legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

2. The Director of the General Department of Standardization, Metrology, and Quality Control is responsible for organizing the dissemination and guidance on the implementation of this Circular.

3. During implementation, if any new issues arise or difficulties occur, organizations and individuals shall promptly report them in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements.

4. Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of Provincial People's Committees and Municipalities under Central Administration are responsible for organizing the implementation of this Circular./.