Circular No. 182/2013/TT-BTC guiding the development, issuance of national technical standards for state reserves

CIRCULAR

Guidelines for developing and promulgatingnational technical standards for state reserves

Pursuant to the Law on Technical Standards and Regulations No. 68/2006/QH11 dated June 29, 2006;

Pursuant to the Law on State Reserves No. 22/2012/QH13 dated November 20, 2012;

Based on Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the request of the Director General of the State Reserve Administration,

The Minister of Finance issues this Circular guiding the development and promulgation of national technical standards for state reserves.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed guidance on the development and promulgation of national technical standards for state reserves, including: planning and approving plans; procedures and formalities for development, review, examination, promulgation; presentation and content expression; review, amendment, supplementation, replacement, abolition; notification, dissemination, registration, publication, issuance of national technical standards for state reserves.

Article 2. Applicability

This Circular applies to agencies, units, organizations, and individuals related to the development and promulgation of national technical standards for state reserves.

Article 3. Explanation of Terms

National technical standards for state reserves are technical standards issued by the Minister of Finance applicable within the scope of state reserve management.

Chapter II
SPECIFIC PROVISIONS

Section 1
ESTABLISHING AND APPROVING PLANS FOR DEVELOPING NATIONAL TECHNICAL STANDARDS FOR STATE RESERVES

Article 4. Planning

1. Based on the State Reserve Development Strategy for each period, goods under state reserves managed by the Government, relevant Ministries and sectors shall develop plans for establishing national technical standards for state reserves.

2. Before June 30 of each year, Ministries and sectors managing state reserves shall develop plans for establishing national technical standards for state reserves for the following year along with projects for developing national technical standards for state reserves and submit them to the Ministry of Finance. The plan for establishing national technical standards for state reserves includes plans for new development and plans for reviewing, amending, and supplementing national technical standards for state reserves according to the contents specified in Appendix I and Appendix II attached to this Circular (if any).

Article 5. Procedures for examining and approving plans

The State General Reserve Corporation has the responsibility to assist the Ministry of Finance:

1. To conduct reviews, examinations, and consolidation of plans for establishing national technical standards for state reserves for the following year.

2. To send draft plans for establishing national technical standards for state reserves to relevant agencies, organizations, and individuals for comments; simultaneously announcing the solicitation of opinions on the Ministry of Finance's website. The time for soliciting opinions must be at least thirty days from the date of sending the plan for soliciting opinions.

3. To consolidate and process comments; revise the draft and submit it to the Ministry of Finance for approval.

Article 6. Implementation of annual plans for developing national technical standards for state reserves

Ministries and sectors managing state reserves shall organize the implementation of approved plans; report to the Ministry of Finance on the situation and results of implementing plans for developing national technical standards for state reserves according to the approved plan and schedule.

Article 7. Adjustments and supplements to annual plans for developing national technical standards for state reserves

1. Annual plans for developing national technical standards for state reserves may be adjusted and supplemented annually based on written requests from ministries and sectors managing state reserves. Contents of adjustments and supplements to plans include: construction schedules, objects, contents of national technical standards for state reserves, and construction funds for national technical standards for state reserves.

2. Requests for adjustments and supplements to annual plans for developing national technical standards for state reserves must be made before October 1 of each year. Procedures and formalities for adjusting and supplementing plans for developing national technical standards for state reserves are carried out in accordance with Article 5 of this Circular.

3. In cases of urgent need, adjustments and supplements to annual plans are decided by the Minister of Finance based on requests from ministries and sectors managing state reserves.

Section 2
DEVELOPMENT, REVIEW, EXAMINATION, AND PROMULGATION OF NATIONAL TECHNICAL STANDARDS FOR STATE RESERVES

Article 8. Drafting National Technical Regulations for National Reserve Goods

1. Ministries and sectors managing national reserve goods shall establish a drafting board for national technical regulations for national reserve goods or designate subordinate agencies or scientific and technological organizations to draft such regulations (hereinafter referred to as the Drafting Board). When establishing the Drafting Board, ministries and sectors managing national reserve goods shall send a letter to the Ministry of Finance requesting the dispatch of staff to participate in the Drafting Board.

2. The Drafting Board for national technical regulations for national reserve goods shall have the following tasks:

a) Based on research results, experimental outcomes, and practical summaries to draft national technical regulations for national reserve goods. Specifically, it shall stipulate technical requirements and technical management; the time for goods to be imported after production; safe storage periods that meet quality requirements; and at the same time, it must satisfy long-term strategic storage needs.

b) Send the draft to solicit opinions from management agencies, specialized agencies, and experts; announce the solicitation of opinions on the electronic portal (website) or official magazines and publications of ministries and sectors drafting national technical regulations for national reserve goods.

c) Send the draft to solicit opinions from the Ministry of Finance and post it on the electronic portal (website) of the Ministry of Finance for public comment. The period for comments on the draft shall be at least sixty days, starting from the date of sending out the draft for comments.

3. Ministries and sectors managing national reserve goods shall incorporate feedback and complete the draft of national technical regulations for national reserve goods for review. The dossier for the draft of national technical regulations for national reserve goods for review shall include:

a) A letter requesting a review from the ministry or sector drafting the national technical regulations for national reserve goods;

b) A decision assigning the task of drafting the draft of national technical regulations for national reserve goods to the ministry or sector, along with the approved project for drafting the national technical regulations for national reserve goods;

c) A report on the process of drafting the draft of national technical regulations for national reserve goods by the ministry or sector;

d) The draft of national technical regulations for national reserve goods for approval, accompanied by an explanatory note; copies of original documents used as a basis for drafting the draft of national technical regulations for national reserve goods and other reference materials;

e) A list of agencies sent the draft for comments; a summary and incorporation of comments, accompanied by the comment letters.

Article 9. Reviewing the Dossier of Draft National Technical Regulations for National Reserve Goods

1. The State General Reserve Administration shall be responsible for assisting the Ministry of Finance in reviewing the dossier of the draft of national technical regulations for national reserve goods submitted by ministries and sectors. The contents of the review include:

a) The completeness and validity of the dossier of the draft of national technical regulations for national reserve goods in accordance with Clause 3 of Article 8 of this Circular;

b) An evaluation of the draft of national technical regulations for national reserve goods conducted according to the model attached as Appendix V to this Circular.

The minutes of the review of the dossier of the draft of national technical regulations for national reserve goods shall be carried out according to the model attached as Appendix VI to this Circular.

2. In cases where the dossier is not valid, the State General Reserve Administration shall report to the Ministry of Finance to request ministries and sectors managing national reserve goods to perfect the dossier in accordance with the regulations.

Article 10. Review draft national technical standards for state reserves

Based on the results of the verification, if the dossier for the national technical regulation for state reserve goods meets the requirements, the Ministry of Finance (State Treasury Administration) shall send it to the Ministry of Science and Technology for review in accordance with Clause 2 of Article 9 of Decree No. 127/2007/NĐ-CP.

Article 11. Completing the Draft National Technical Regulation for State Reserve Goods

The Ministry of Finance shall take the lead in coordinating with relevant ministries and sectors to explain and incorporate the comments from the Ministry of Science and Technology's review; the unit drafting the draft national technical regulation for state reserve goods must complete the draft within 15 days from the date of receipt of the review comments. In case there is disagreement with the review comments, the Ministry of Finance shall take the lead and coordinate with the relevant ministries and sectors managing state reserve goods to report to the Prime Minister for consideration and decision.

Article 12. Issuance of the National Technical Regulation for State Reserve Goods

1. After the draft national technical regulation for state reserve goods has been completed in accordance with Article 11 of this Circular, the legal department of the Ministry of Finance shall organize the review of the draft document on the national technical regulation for state reserve goods in accordance with the procedures for issuing Circulars stipulated in Article 68 of the Law on Enacting Legal Normative Documents.

2. The Ministry of Finance shall issue the document on the national technical regulation for state reserve goods after the draft document has been explained, incorporated, and completed based on the review comments of the legal department in accordance with Clause 1 of this Article.

Section 3
PRESENTATION AND CONTENT OF THE NATIONAL TECHNICAL REGULATION FOR STATE RESERVE GOODS

Article 13. Structure of the National Technical Regulation for State Reserve Goods

The national technical regulation for state reserve goods includes the following main contents:

1. General Provisions

a) Scope of application;

b) Objects of application;

c) Explanation of terms (if any).

2. Technical Provisions

Reference to standards or specific technical requirements regarding the limits of technical characteristics that the objects of the technical regulation must comply with to ensure safety, hygiene, health of people; protection of animals, plants, environment; protection of national interests and security and other essential requirements for state reserves.

3. Testing Methods

The technical requirements specified must be assessable using existing methods and means domestically. In special cases where such methods and means are not available domestically and foreign ones are used, they must be specifically explained when drafting the national technical regulation for state reserve goods.

4. Provisions on delivery and storage

Provisions on requirements during transportation, delivery procedures (import, export), and provisions on storage work for state reserve goods.

5. Management Provisions

Provisions on management of state reserve goods, including: quality management of goods entering the warehouse for state reserves, regulations on organizing quality inspection of state reserve goods, warranty regulations, regulations on warehouses storing state reserve goods, storage time regulations, and other appropriate management contents.

6. Responsibilities of organizations and individuals

Organizations and individuals related to compliance with the requirements stipulated in Clauses 2 and 5 of this Article.

7. Implementation

a) Authorities and responsibilities of state management agencies in organizing and implementing the national technical regulation for state reserve goods;

b) Implementation roadmap for different objects of the national technical regulation for state reserve goods (if applicable).

8. Appendices (if any).

Depending on the object of the national technical regulation and management requirements, the content of the national technical regulation for state reserve goods may include all of the above items, be reduced, or supplemented as appropriate.

Article 14. Presentation of National Technical Regulations for National Reserve Goods

National Technical Regulations for National Reserve Goods must ensure systematicity, legal effectiveness, and not conflict with related legal documents. The language of the National Technical Regulations must be consistent, accurate, and common; expressions must be simple and easy to understand. Specialized terms that need to be defined must be explained in the document.

1. Presentation of the cover page, page 2, and page 3 of National Technical Regulations for National Reserve Goods

a) The front cover of National Technical Regulations for National Reserve Goods includes the following elements:

- The national emblem of the Socialist Republic of Vietnam as prescribed by law.

- The phrase "Socialist Republic of Vietnam".

- The full code of the National Technical Regulations for National Reserve Goods including: the regulation number and year of issuance separated by two periods and placed after the QCVN symbol; the abbreviation of the Ministry of Finance issuing the National Technical Regulations for National Reserve Goods "BTC" placed after the year of issuance of the National Technical Regulations and separated by a forward slash.

- The phrase "National Technical Regulation".

- The name of the National Technical Regulation.

- The full name of the National Technical Regulation in English.

- The place and year of issuance of the National Technical Regulation.

b) Page 2 of National Technical Regulations for National Reserve Goods is the page presenting the preface, clearly stating the organization drafting the draft National Technical Regulation for National Reserve Goods, the reviewing agency, and the issuing agency of the National Technical Regulation for National Reserve Goods, the Circular number, date, month, and year of issuance of the National Technical Regulation, and other relevant contents regarding the establishment and issuance of the National Technical Regulation.

c) Page 3 of National Technical Regulations for National Reserve Goods includes the following elements:

- The phrase "National Technical Regulation".

- The name of the National Technical Regulation.

- The full name of the National Technical Regulation in English.

- The content of the National Technical Regulation.

2. The header at the top of each content page (except page 3) of National Technical Regulations for National Reserve Goods prints the full code of the National Technical Regulation on the right side of the page for odd-numbered pages and on the left side of the page for even-numbered pages. The font style of the code is uppercase, bold, Arial font, size 12 of the Vietnamese character set (Unicode Vietnamese font).

3. The numbering principle for items in the content of National Technical Regulations for National Reserve Goods follows the corresponding provisions in Circular No. 25/2011/TT-BTP dated December 27, 2011, of the Ministry of Justice on the format and presentation techniques of legal documents of the Government, Prime Minister, Ministers, Heads of Ministries, and legal documents.

Article 15. Format of Presentation of National Technical Regulations for National Reserve Goods

1. The paper size of National Technical Regulations for National Reserve Goods is A4 (210 mm x 297 mm), with allowable dimensional tolerance of ± 0.5 mm.

2. The content (text) of National Technical Regulations for National Reserve Goods is presented in regular typeface, using Arial font, size from 12 to 14 of the Vietnamese character set (Unicode Vietnamese font); when starting a new paragraph, the first word may be indented from 1 cm to 1.27 cm (1 default tab); the space between paragraphs is set at a minimum of 6 pt; the line spacing is selected from single line spacing or from 15 pt (exact line spacing) upwards.

3. The page numbers of National Technical Regulations are counted from the front cover to the last page of the regulations. The page numbers of National Technical Regulations are printed at the center of the bottom part of each page of the regulations, except for the cover page.

4. The code and number of National Technical Regulations for National Reserve Goods are printed at the outer corner of the open side of each page of the National Technical Regulations.

Article 16. Content Expression of National Technical Regulations for National Reserve Goods

1. The expression of the content of national technical regulations for national reserve goods shall be carried out in accordance with the guidelines on the expression of the content of national standards in TCVN 1-2: 2003 (Part 2: Provisions on Presentation and Content Expression of National Standards).

2. The use of measurement units in national technical regulations for national reserve goods must comply with the legal provisions on measurement. In cases where different units of measurement are used due to specific industry characteristics, they must be converted to the legal measurement unit. When presenting the value of measured quantities, the numerical value and legal measurement unit must be presented first, followed by the numerical value and other units of measurement in parentheses.

Section 4
ANNOUNCEMENT, DISSEMINATION, REGISTRATION, PUBLICATION, AND DISTRIBUTION OF NATIONAL TECHNICAL REGULATIONS FOR NATIONAL RESERVE GOODS

Article 17. Announcement of Issuance, Amendment, Supplement, Replacement, and Revocation of National Technical Regulations for National Reserve Goods

The Ministry of Finance is responsible for publicly announcing the issuance, amendment, supplement, replacement, and revocation of national technical regulations for national reserve goods on the Official Gazette and the Ministry of Finance's website within a minimum period of thirty days from the date of issuance, amendment, supplement, replacement, or revocation of the national technical regulations for national reserve goods.

Article 18. Dissemination and Guidance on Application of National Technical Regulations for National Reserve Goods

1. The Ministry of Finance shall coordinate with relevant ministries and sectors managing national reserve goods to develop plans for disseminating and guiding the application of national technical regulations for national reserve goods.

2. The dissemination and guidance on the application of national technical regulations for national reserve goods to related agencies, organizations, and individuals must be implemented immediately after the issuance of such regulations through training classes, conferences, seminars, and other appropriate forms. Article 19. Registration of National Technical Regulations for National Reserve Goods

1. The Ministry of Finance (State General Reserve Corporation) shall register national technical regulations for national reserve goods at the Ministry of Science and Technology (General Department of Standardization, Metrology, and Quality Control) no later than fifteen days from the date of issuance of the national technical regulations for national reserve goods.

2. The registration dossier for national technical regulations for national reserve goods shall be carried out in accordance with Clause 2, Article 13 of Decree No. 127/2007/ND-CP, including: a) A letter of request accompanied by the registration form for national technical regulations for national reserve goods in accordance with the guidelines of the Ministry of Science and Technology;

b) A copy of the national technical regulations for national reserve goods; c) The Circular promulgating the national technical regulations for national reserve goods.

Article 20. Publication and Distribution of National Technical Regulations for National Reserve Goods

The Ministry of Finance shall organize the publication and distribution of national technical regulations for national reserve goods within thirty days from the date of issuance of the national technical regulations for national reserve goods.

REVIEW, AMENDMENT, SUPPLEMENT, REPLACEMENT, AND REVOCATION OF NATIONAL TECHNICAL REGULATIONS FOR NATIONAL RESERVE GOODS

Article 21. Periodic Review of National Technical Regulations for National Reserve Goods

1. The Ministry of Finance (State General Reserve Corporation) shall organize the periodic review of national technical regulations for national reserve goods every five years or sooner when necessary, starting from the date of issuance. 2. Implementation of periodic review of national technical regulations for national reserve goods

Section 5
a) Compile a list of national technical regulations for national reserve goods that need to be reviewed according to Clause 1 of Article 21 of this Circular. Conduct reviews based on the following criteria:

- Compliance of national technical regulations for national reserve goods with legal provisions and relevant international commitments;

- Consistency and synchronization within the system of national technical regulations for national reserve goods;

- Other relevant criteria.

b) Classify national technical regulations for national reserve goods based on the review results, accompanied by explanations, including: a list of national technical regulations for national reserve goods to maintain their validity; a list of national technical regulations for national reserve goods requiring amendment, supplementation, or replacement; and a list of national technical regulations for national reserve goods requiring revocation. Within each type of reviewed national technical regulations for national reserve goods, they shall be arranged in order of priority.

3. Responsibilities of Ministries and Sectors

a) The State General Reserve Corporation shall cooperate with relevant ministries and sectors managing national reserve goods to conduct periodic reviews of current national technical regulations for national reserve goods and prepare review dossiers for such regulations.

b) Based on the review results, the State General Reserve Corporation shall prepare reports and submit them to the Ministry of Finance for consideration and approval of plans to amend, supplement, replace, or revoke national technical regulations for national reserve goods.

4. In case of urgent necessity, the Minister of Finance may decide to organize the review of national technical regulations for national reserve goods earlier than the five-year period or on an ad hoc basis.

3. Responsibilities of Ministries and Sectors

a) The National Reserve General Department shall coordinate with relevant Ministries and Sectors to manage national reserve goods to conduct periodic reviews of current national technical standards for national reserve goods and prepare review files on national technical standards for national reserve goods.

b) Based on the results of the review, the National Reserve General Department shall prepare a report and submit it to the Ministry of Finance for consideration and approval of plans to amend, supplement, replace, or abolish national technical standards for national reserve goods.

4. In cases of urgent need, the Minister of Finance shall decide to organize a review of national technical standards for national reserve goods earlier than the five-year periodic schedule or at short notice.

Article 22. Amending, supplementing, and replacing national technical standards for state reserve goods

1. The amendment, supplementation, and replacement of national technical standards for state reserve goods must be included in the annual plan on building national technical standards for state reserve goods.

2. The procedures and formalities for amending, supplementing, and replacing national technical standards for state reserve goods shall be carried out in accordance with the provisions set forth in Section 2 of this Circular.

Article 23. Revoking national technical standards for state reserve goods

1. The Ministry of Finance shall revoke national technical standards for state reserve goods according to the following procedure: based on the results of reviews or proposals from ministries and sectors managing state reserve goods, the Ministry of Finance shall organize the preparation of documents for revoking national technical standards for state reserve goods; examine the documents and decide to revoke national technical standards for state reserve goods. 7 ||| The documents for revoking national technical standards for state reserve goods include:

2. The file for abolishing national technical standards for national reserve goods includes:

a) The draft national technical standard for state reserve goods proposed for revocation;

b) An explanatory note (reasons, legal basis, scientific basis);

c) Opinions of relevant agencies, organizations, and individuals (if any);

d) Results of periodic reviews and recommendations;

e) A document proposing the revocation of national technical standards for state reserve goods;

f) Other related documents (if any).

3. In cases of urgent necessity, the Minister of Finance shall decide to revoke national technical standards for state reserve goods through simplified procedures based on ensuring feasibility, scientific basis, and necessary funding for implementation.

Chapter III
IMPLEMENTATION

Article 24. Organizing the development and issuance of national technical standards for state reserve goods

1. Ministries and sectors managing state reserve goods within their assigned scope shall be responsible for organizing the drafting of national technical standards for state reserve goods and submitting them to the Ministry of Finance for review, and working together with the Ministry of Finance to finalize the drafts after receiving comments from the Ministry of Science and Technology, so that the Ministry of Finance can issue national technical standards for state reserve goods.

2. Funding for developing national technical standards for state reserve goods shall be implemented in accordance with Circular Joint No. 145/2009/TTLT-BTC-BKHCN dated July 17, 2009, guiding the management and use of funding for developing national standards and technical regulations.

3. The State Reserve Administration shall be responsible for assisting the Minister of Finance in coordinating with ministries and sectors managing state reserve goods to accept applications for developing national technical standards for state reserve goods, organizing reviews, submitting to the Ministry of Science and Technology for examination, and presenting to the Minister of Finance for issuance.

Article 25. Organizing the application of national technical standards for state reserve goods

The State Reserve Administration shall coordinate with ministries and sectors managing state reserve goods to organize the implementation of disseminating, guiding, and inspecting the application of national technical standards for state reserve goods to ensure compliance with these standards.

Article 26. Effective date

This Circular takes effect from January 20, 2014.

During the implementation of this Circular, if there are any difficulties, units are requested to promptly reflect them to the Ministry of Finance for research and consideration of amendments and supplements./.