Circular No. 23/2007/TT-BKHCN guiding the development, examination, and issuance of technical standards

CIRCULAR                            

Guidelines for drafting, reviewing, and promulgating technical standards

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

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations;

The Ministry of Science and Technology guides the drafting, reviewing, and promulgation of technical standards as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular details the procedures for planning, scheduling, drafting, reviewing, promulgating; reviewing, amending, supplementing, replacing, revoking; presenting and expressing content; announcing, disseminating, registering, publishing, and distributing technical standards.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to Ministries, agencies at the ministerial level, government agencies, provincial People's Committees, centrally governed cities, organizations, and individuals related to the drafting, reviewing, and promulgation of technical standards.

In this technical regulation, the following terms are understood as follows:

In this Circular, the following terms are understood as follows:

3.1. National Technical Regulation A national technical standard is a technical standard issued by the Minister of a Ministry or the Head of an agency at the ministerial level to compulsorily apply throughout the country for objects within the scope of industries and fields managed by the Government.

3.2. are technical regulations issued by the People's Committee of provinces and centrally governed cities along with normative legal documents for application within the management scope of the locality for specific products, goods, services, processes unique to the locality and specific requirements for safety and environmental control in accordance with the geographical, climatic, hydrological characteristics and level of socio-economic development of the locality. Local technical regulations are abbreviated as: QCĐP." A local technical standard is a technical standard issued by the Chairman of the People's Committee of provinces and centrally governed cities to compulsorily apply within the management scope of the locality for specific products, goods, services, processes, and environmental requirements of the locality.

II.  ESTABLISHING AND APPROVING THE PLAN FOR BUILDING NATIONAL TECHNICAL STANDARDS

1. The establishment and approval of the plan for building national technical standards shall be carried out in accordance with Article 29 of the Law on Standards and Technical Regulations.

2. Depending on conditions and management requirements, Ministries and agencies at the ministerial level shall take the lead and coordinate with the Ministry of Science and Technology and relevant agencies to organize the establishment, approval, amendment, and supplementation of the plan for building national technical standards in the fields assigned by the Government.

Government agencies shall take the lead and coordinate with the Ministry of Science and Technology to draft and propose amendments and supplements to the plan for building national technical standards in the fields assigned by the Government, and request the Ministry of Science and Technology to approve it.

3. Requirements for the plan for building national technical standards

3.1. The plan for building national technical standards must include guiding objectives, timelines, implementation measures, expected results for each planning phase, and be consistent with the management requirements of Ministries, agencies at the ministerial level, and government agencies.

3.2. The content of the plan for building national technical standards must reflect systematic and synchronized aspects across various fields and objects requiring national technical standards. Objects within each field of national technical standards should be prioritized according to each planning phase.

3.3. The main content of the plan for building national technical standards is specified in Appendix I attached to this Circular.

III. ESTABLISHING AND APPROVING THE FIVE-YEAR AND ANNUAL PLANS FOR BUILDING TECHNICAL STANDARDS

1. The establishment and approval of five-year and annual plans for building technical standards shall be carried out in accordance with Article 29 of the Law on Standards and Technical Regulations.

2. Ministries and agencies at the ministerial level shall take the lead and coordinate with the Ministry of Science and Technology and relevant agencies to organize the establishment and approval of five-year and annual plans for building national technical standards.

Government agencies shall take the lead and coordinate with the Ministry of Science and Technology and relevant agencies to draft proposals for five-year and annual plans for building national technical standards and request the Ministry of Science and Technology to approve them.

Provincial People's Committees and centrally governed city People's Committees shall take the lead and coordinate with relevant agencies and organizations to organize the establishment and approval of five-year and annual plans for building local technical standards.

3. Requirements for the plan for building technical standards

3.1. The plan for building national technical standards must:

-  Be consistent with the approved plan for developing national technical standards (if any);

- Meet management requirements, be compatible with the five-year and annual socio-economic development plans, and the conditions of scientific and technological development in Vietnam.

3.2. The plan for building local technical standards must:

- Meet management requirements for specific products, goods, services, special processes, and environmental requirements, as well as the conditions of scientific and technological development and management of the locality.

4. Five-year plan for building technical standards

4.1. The establishment and approval of the five-year plan for building national technical standards by Ministries and agencies at the ministerial level are as follows:

4.1.1. Drafting the five-year plan for building national technical standards

- In the second quarter of the year preceding the start of the five-year plan, based on management requirements and the approved plan for building national technical standards (if any), Ministries and agencies at the ministerial level shall organize the drafting of the five-year plan for building national technical standards in their assigned fields, accompanied by explanatory notes.

The five-year plan for building national technical standards and explanatory notes shall be drafted in accordance with the contents specified in Section 1 and Section 2 of Appendix II attached to this Circular. 

- Ministries and agencies at the ministerial level shall take the lead in organizing the drafting and approval process, sending the draft five-year plan for building national technical standards to relevant agencies, organizations, and individuals for comments, and simultaneously announcing the solicitation of comments on the official website or publication of the Ministry or agency. The comment period for the draft shall be at least sixty days from the date of sending the draft for comments.

- Ministries and agencies at the ministerial level shall take the lead in organizing the consolidation and processing of comments to finalize the draft five-year plan for building national technical standards.

4.1.2. Approving the five-year plan for building national technical standards

The Ministry, agency equivalent to a ministry shall take the lead and coordinate with the Ministry of Science and Technology to organize the approval of the five-year plan for developing national technical regulations; notify relevant agencies, organizations and publicly announce on the electronic news website (website) or official magazine, publication of the Ministry, agency equivalent to a ministry within thirty days from the date the plan is approved.

4.1.3. Amending and supplementing the five-year plan for developing national technical regulations

- The five-year plan for developing national technical regulations shall be amended and supplemented based on the decision of the Minister of the Ministries, Head of the agencies equivalent to ministries upon the proposal of relevant agencies, organizations, and individuals.

- The amendment and supplementation of the five-year plan for developing national technical regulations shall be carried out in accordance with Clause 3 of Article 29 of the Law on Standards and Technical Regulations.

4.2. The establishment and approval of the five-year plan for developing national technical regulations by government agencies shall be regulated as follows:

4.2.1. Government agencies shall organize the drafting of the draft five-year plan for developing national technical regulations in accordance with Item 4.1.1 Point 4.1 Clause 4 Section of this document.

4.2.2. Approval of the five-year plan for developing national technical regulations

- The Ministry of Science and Technology shall organize the review and approval of the five-year plan for developing national technical regulations based on the proposal of government agencies; notify relevant agencies, organizations and publicly announce on the electronic news website (website) or official magazine of the Ministry of Science and Technology and of the government agency within thirty days from the date the plan is approved.  the date the plan is approved.

4.2.3. Adjusting and supplementing the five-year plan for developing national technical regulations

- The five-year plan for developing national technical regulations shall be adjusted and supplemented based on the decision of the Minister of the Ministry of Science and Technology upon the written proposal of relevant agencies, organizations, and individuals after reaching consensus with the government agency proposing the plan.

- The adjustment and supplementation of the five-year plan for developing national technical regulations shall be carried out in accordance with Clause 3 of Article 29 of the Law on Standards and Technical Regulations.

4.3. The establishment and approval of the five-year plan for developing local technical regulations shall be regulated as follows:

4.3.1. Depending on conditions and management requirements, the People's Committees of provinces and centrally governed cities shall organize the establishment and approval of the five-year plan for developing local technical regulations for specific products, goods, services, processes, and environmental requirements of the locality. The five-year plan for developing local technical regulations along with explanatory notes shall be established according to the content prescribed in Section 1, Section 2 of Appendix V issued together with this Circular.

4.3.2. The establishment and adjustment, supplementation of the five-year plan for developing local technical regulations shall be carried out according to the corresponding content of work prescribed in Item 4.1.1, Item 4.1.3 Point 4.1 Clause 4 Section of this document.

The Chairman of the People's Committee of the province or centrally governed city shall approve the five-year plan for developing local technical regulations after reaching consensus with the Ministry, agency equivalent to a ministry managing the specialized field and the corresponding government agency.

The approved five-year plan must be notified to relevant agencies, organizations and publicly announced on the electronic news website (website) (if available) or official magazine, publication of the People's Committee or Department of Science and Technology of the province or centrally governed city within thirty days from the date the plan is approved.

5. Annual plan for developing national technical regulations

The content of the annual plan for developing national technical regulations includes: the name of the national technical regulation to be developed arranged by specialty, field of technical regulation; type of technical regulation, name of organization compiling the draft; time frame for implementation; estimated budget and source of funds; planned dissemination and guidance on applying the technical regulation.

The establishment, approval, implementation, and adjustment, supplementation of the annual plan for developing national technical regulations shall be carried out as follows:

5.1. Drafting the annual plan for developing national technical regulations:

- In the second quarter of each year, based on the need to develop, amend, supplement, replace national technical regulations, relevant agencies, organizations, and individuals shall submit the annual plan proposal for developing national technical regulations for the following year in writing to the Ministry, agency equivalent to a ministry, government agency accompanied by the project for developing national technical regulations for consideration and consolidation.

The annual plan proposal for developing national technical regulations includes the content prescribed in Section 3 of Appendix II issued together with this Circular.

The annual plan for developing national technical regulations includes new development plans and plans for reviewing, amending, and supplementing national technical regulations.

The project for developing national technical regulations shall be prepared according to the model prescribed in Appendix III issued together with this Circular. 

- Based on the master plan for developing national technical regulations (if any), the approved five-year plan for developing national technical regulations, and the state management requirements in the field of technical regulations assigned by the Government, the Ministries, agencies equivalent to ministries, government agencies shall organize the consolidation and prioritization of proposals for developing, amending, supplementing, and replacing national technical regulations.

- The Ministries, agencies equivalent to ministries, government agencies shall organize the review of the project for developing national technical regulations with the participation of representatives of relevant agencies, organizations, and draft the annual plan for developing national technical regulations for the following year.

The draft annual plan for developing national technical regulations includes the contents prescribed in Section 3 of Appendix II issued together with this Circular.

5.2. Soliciting opinions and finalizing the draft annual plan for developing national technical regulations:

- Ministries, ministerial-level agencies, and government agencies shall send draft plans to relevant agencies, organizations, and individuals for comments, and simultaneously announce the solicitation of opinions on their official websites or magazines/publications. The period for soliciting opinions shall be at least thirty days from the date of sending out the draft plan for comments.

- Ministries, ministerial-level agencies, and government agencies shall organize the consolidation and processing of feedback to perfect the annual draft plan for developing national technical standards.

5.3. Approval of the annual plan for developing national technical standards:

The examination and approval of the annual plan for developing national technical standards shall be carried out in the third quarter of the year preceding the planning year within the framework of examining and approving the science and technology plan according to the general guidelines for the annual science and technology plan issued by the Ministry of Science and Technology.

5.3.1. Approval of the annual plan for developing national technical standards by ministries and ministerial-level agencies

Ministries and ministerial-level agencies shall organize the examination and approval of the annual plan for developing national technical standards; notify relevant agencies and organizations, the National Standardization Documentation and Inquiry Office (hereinafter referred to as the Vietnam SDO), and publish on their official magazines/publications or websites within thirty days from the date of approval of the plan.

5.3.2. Approval of the annual plan for developing national technical standards by government agencies

The Ministry of Science and Technology shall organize the examination and approval of the annual plan for developing national technical standards based on the proposal of government agencies; notify relevant agencies and organizations, the Vietnam SDO, and publish on the official website or magazine of the Ministry of Science and Technology and the government agency responsible for drafting and approving the plan within thirty days from the date of  the date the plan is approved.

5.4. Implementation of the annual plan for developing national technical standards:

Ministries, ministerial-level agencies, and government agencies shall organize the implementation of the approved plan; periodically every six months or as required, report to the Ministry of Science and Technology (National Standardization Agency) on the progress and results of implementing the plan for developing national technical standards for compilation and reporting to the Government.

5.5. Adjustment and supplementation of the annual plan for developing national technical standards:

- The annual plan for developing national technical standards may be adjusted and supplemented based on written proposals from relevant agencies, organizations, and individuals. The content of adjustments and supplements may include: progress, subjects, contents of national technical standards, budget, addition or removal from the plan.

- Proposals for adjusting and supplementing the annual plan for developing national technical standards must be made before October 1st each year. The procedures and formalities for adjusting and supplementing the plan for developing national technical standards are carried out in accordance with Point 5.2, Clause 5.3 of this Article.

In cases of urgent requirements for state management, adjustments and supplements to the annual plan shall be implemented based on the decisions of the Ministers of ministries and the Heads of ministerial-level agencies responsible for drafting and approving the plan.

6. Annual Plan for Developing Local Technical Standards

The establishment, approval, implementation, adjustment, and supplementation of the annual plan for developing local technical standards shall be carried out as follows:

6.1. Drafting the annual plan for developing local technical standards

- In the second quarter of each year, based on the need to develop, amend, supplement, or replace local technical standards, relevant agencies, organizations, and individuals shall submit written proposals for the development plan of local technical standards for the following year to the People's Committee of provinces and centrally-administered cities along with the project for developing local technical standards for review and consolidation.

The annual proposal for the plan to develop local technical standards includes the contents specified in Section 3 of Appendix V attached to this Circular.

The project for developing local technical standards shall be prepared according to the model prescribed in Appendix IV attached to this Circular. 

- The People's Committee of provinces and centrally-administered cities shall organize the review of local technical standard projects with the participation of representatives from ministries, sectors, and provincial departments related to the project. Depending on the content, complexity, and scope of impact of the local technical standards, the People's Committee of provinces and centrally-administered cities shall decide to invite representatives from ministries, ministerial-level agencies, and government agencies directly involved to participate in the review or seek written opinions.  

- The People's Committee of provinces and centrally-administered cities shall organize the drafting of the annual plan for developing local technical standards for the following year.

The annual draft plan for developing local technical standards includes the contents specified in Section 3 of Appendix V attached to this Circular.

6.2. Soliciting opinions and perfecting the annual draft plan for developing local technical standards:

- The People's Committee of provinces and centrally-administered cities shall send the draft plan to relevant agencies, organizations, and individuals for comments, and announce the solicitation of opinions on their official websites or magazines/publications. The period for soliciting opinions on the draft plan shall be at least thirty days from the date of sending out the draft plan for comments.

- The Department of Science and Technology shall organize the consolidation and processing of feedback to perfect the annual draft plan for developing local technical standards.

6.3. Approval of the annual plan for developing local technical standards:

- The review and approval of the annual plan for developing local technical regulations shall be carried out in the third quarter of the year preceding the planning year, within the framework of reviewing and approving the scientific and technological plan of the Provincial People's Committee and according to the general guidelines on the annual scientific and technological plan of the Ministry of Science and Technology.

- The Provincial People's Committee organizes the review and approval of the annual plan for developing local technical regulations; notifies relevant ministries, agencies, organizations, and the local Technical Barriers to Trade Notification and Inquiry Point about the plan within thirty days from the date of approval, and publishes it on the official website (if available) or in official publications of the Provincial People's Committee or the Provincial Department of Science and Technology.

6.4. Implementation of the annual plan for developing local technical regulations:

The Provincial People's Committee organizes the implementation of the approved plan; periodically every six months or at any time upon request,  reports to the Ministry of Science and Technology (General Department of Standardization, Metrology and Quality) on the progress and results of implementing the plan for developing local technical regulations for consolidation and reporting to the Government.          

6.5. Adjustment and supplementation of the annual plan for developing local technical regulations:

- The annual plan for developing local technical regulations may be adjusted or supplemented based on written proposals from relevant agencies, organizations, and individuals. The content of the adjustment or supplementation may include: schedule, subjects, contents of local technical regulations, budget, addition or removal from the plan.

- Proposals for adjusting or supplementing the annual plan for developing local technical regulations must be made at least six months before the end of the proposed plan's tasks. The procedure for adjusting and supplementing the plan for developing local technical regulations is carried out according to Points 6.2 and 6.3 of Clause 6 of this Section.

In cases where there is an urgent need for state management at the local level, the procedure for adjusting and supplementing the annual plan may be shortened to ensure timely response to state management requirements as decided by the Chairman of the Provincial People's Committee responsible for drafting and approving the plan.

IV.  DEVELOPMENT, REVIEW AND ISSUANCE OF TECHNICAL REGULATIONS

1. The procedures and processes for developing, reviewing and issuing national technical standards (including inter-sectoral national technical standards and national technical standards developed by government agencies) are stipulated as follows:

1.1. Step 1: Establishment of the Drafting Board

Depending on specific conditions, Ministries, ministerial-level agencies, and government agencies establish a Drafting Board for national technical standards or designate subordinate scientific and technological agencies (hereinafter referred to collectively as the Drafting Board) to develop draft national technical standards.

1.2. Step 2: Preparation of the Draft National Technical Standards

The Drafting Board performs the following tasks:

1.2.1. Preparing for the preparation of the draft:

- Collecting, summarizing, and evaluating the implementation status of current regulatory documents related to the project of developing national technical standards; 

- Surveying and assessing the current state of state management related to the objects and main contents of the project of developing national technical standards;

- Organizing research on information and materials related to the project of developing national technical standards;

- Preparing and approving the detailed outline for implementing the project of developing national technical standards along with the framework of the draft national technical standards;

- Other related tasks.

1.2.2. Implementing the preparation of the draft national technical standards:

- Preparing the draft based on the agreed framework and writing an explanatory note for the draft. 

- Organizing meetings, seminars, and soliciting opinions from relevant experts regarding the draft national technical standards.

- Studying, adopting opinions, revising the draft, and submitting it to the Ministry, ministerial-level agency, or government agency for consideration.

1.3. Step 3: Soliciting Opinions and Finalizing the Draft National Technical Standards

1.3.1. The Ministry, ministerial-level agency, or government agency organizes the review of the draft and performs the following tasks:

- Sending the draft national technical standards along with the explanatory note to relevant agencies, organizations, and individuals for comments and to the corresponding Ministry-level Notification and Inquiry Point to determine the necessity of notifying the WTO according to Decision No. 09/2006/QĐ-BKHCN dated May 4, 2006 of the Minister of Science and Technology on the notification and inquiry process of the Vietnamese Network of Notification and Inquiry Points on Technical Barriers to Trade.

- Simultaneously with sending the draft for comments, announcing the solicitation of comments on the official website or in official publications of the Ministry, ministerial-level agency, or government agency developing the national technical standards.

The comment period for the draft shall be at least sixty days from the date of sending the draft for comments. In urgent cases, the comment period may be shorter as decided by the Ministers of the Ministries, Heads of ministerial-level agencies, or Heads of government agencies developing the national technical standards.

1.3.2. Based on the comments received, the Drafting Board processes, adopts, and finalizes the draft national technical standards and prepares the draft national standard file according to Clause 1 of Article 10 of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations (hereinafter referred to as Decree No. 127/2007/NĐ-CP).

1.3.3. The Ministries, ministerial-level agencies, or government agencies developing national technical standards transfer the draft national technical standards file to the Ministry of Science and Technology for review.

1.4. Step 4: Review of the Draft National Technical Standards

The General Department of Standardization, Metrology and Quality performs the following tasks:

1.4.1. Examine the validity of the dossier for the draft national technical regulation according to the provisions of Clause 1 Article 10 of Decree No. 127/2007/NĐ-CP.

In case the dossier is invalid, the General Department of Standardization, Metrology and Quality Management transfers the dossier to the Ministry, agency at the ministerial level, or agency under the Government responsible for drafting the national technical regulation to complete the dossier.

1.4.2. Organize the review of the draft national technical regulation according to the contents stipulated in Article 33 of the Law on Standards and Technical Regulations.

1.4.3. Based on the review results, prepare the review dossier of the draft national technical regulation to submit to the Ministry of Science and Technology for consideration and decision to notify in writing the review results to the Ministries, agencies at the ministerial level promulgating the national technical regulation and agencies under the Government drafting the national technical regulation.

1.5. Step 5: Issuing National Technical Regulation

1.5.1 For the draft national technical regulation (including inter-sectoral national technical regulations) drafted by Ministries, agencies at the ministerial level, the issuance of the national technical regulation shall be carried out as follows:

- In case of agreement with the review opinion of the Ministry of Science and Technology, the Ministry, agency at the ministerial level completes the draft and decides to issue the national technical regulation within thirty days from the date of receipt of the review opinion;

- In case of disagreement with the review opinion of the Ministry of Science and Technology, the Ministry, agency at the ministerial level drafting the national technical regulation reports to the Prime Minister for consideration and decision.

1.5.2. For the draft national technical regulation drafted by agencies under the Government, the issuance of the national technical regulation shall be carried out as follows:

- In case the review opinion agrees with the draft, the Ministry of Science and Technology decides to issue the national technical regulation within thirty days from the date of receipt of the review opinion;

- In case of disagreement with the review opinion, the agency under the Government drafting the draft national technical regulation officially sends its opinion in writing to the Ministry of Science and Technology and reports to the Prime Minister for consideration and decision.

2. The procedures for drafting, reviewing, and issuing local technical regulations are regulated as follows:

2.1. Step 1: Establishing the Drafting Board

Depending on specific conditions, the People's Committee of the province or centrally governed city establishes the Drafting Board for local technical regulations or designates the leading agency to coordinate with relevant departments and sectors of the locality to draft the draft local technical regulations (hereinafter referred to as the Drafting Board).

2.2. Step 2: Compiling the Draft Local Technical Regulation

The Drafting Board implements the compilation of the draft local technical regulation according to the procedure prescribed in  Point 1.2 Clause 1 Section of this document.

2.3. Step 3: Soliciting Opinions and Completing the Draft Local Technical Regulation

2.3.1. The People's Committee of the province or centrally governed city organizes the examination of the dossier, sends the draft local technical regulation to relevant agencies, organizations, and individuals for opinions and to the corresponding Notification and Inquiry Points to determine the necessity to notify the WTO according to Decision No. 09/2006/QĐ-BKHCN dated May 4, 2006 of the Minister of Science and Technology on the notification and inquiry process of the Network of Notification and Inquiry Points of Vietnam regarding technical barriers to trade.

Simultaneously with sending the draft for soliciting opinions, notify about soliciting opinions on the draft local technical regulation on the electronic news website (if available) or the official magazine and publication of the People's Committee and the corresponding specialized department at the locality.

The time for soliciting opinions on the draft must be at least sixty days from the date  of sending the draft for soliciting opinions. In urgent cases, the time for soliciting opinions may be shorter according to the decision of the Chairman of the People's Committee of the province or centrally governed city issuing the local technical regulation.

2.3.2. Based on the feedback opinions, the Drafting Board revises the draft local technical regulation and prepares the draft local technical regulation dossier according to Clause 2 Article 10 of Decree No. 127/2007/NĐ-CP to submit to the People's Committee of the province or centrally governed city for consideration and decision.

2.3.3. The People's Committee of the province or centrally governed city transfers the draft local technical regulation dossier to the Ministry, agency at the ministerial level promulgating the corresponding national technical regulation as stipulated in Article 23 of Decree No. 127/2007/NĐ-CP to organize examination and provide opinions.

In case the subject of the local technical regulation falls under the management of an agency under the Government, the draft local technical regulation dossier must be transferred to the corresponding agency under the Government to organize examination and provide opinions. 

2.4. Step 4: Examining and Providing Opinions on the Issuance of Local Technical Regulations

The Ministry, agency at the ministerial level, or agency under the Government organizes the implementation of the following tasks:

2.4.1. Examine the validity of the dossier for the draft local technical regulation according to the provisions of Clause 2 Article 10 of Decree No. 127/2007/NĐ-CP.

In case the dossier is invalid, the Ministry, agency at the ministerial level, or agency under the Government transfers the dossier to the People's Committee of the province or centrally governed city to complete the dossier.

2.4.2. Examine the draft local technical regulation according to the following contents:

- Compliance with  legal provisions and related international commitments;

- Ensuring that it does not violate the current applicable national technical regulations;

- Adherence to professional requirements, procedures, and procedures for drafting local technical regulations.

2.4.3. Notify in writing the opinion on the issuance of the local technical regulation.

The opinion on the issuance of the local technical regulation of the agency under the Government must have the consensus of the Ministry of Science and Technology before being sent to the People's Committee of the province or centrally governed city drafting the local technical regulation.

2.5. Step 5: Issuing Local Technical Regulations

The issuance of local technical regulations shall be carried out as follows:

2.5.1. In case the Ministry, ministry-level agency, or agency under the Government agrees with the issuance of local technical standards, the People's Committee of the province or centrally governed city shall decide to issue the local technical standards.

2.5.2. In case the Ministry, ministry-level agency, or agency under the Government disagrees with the issuance of local technical standards, the drafting team shall organize research and review the dissenting opinions to address, perfect the draft, recompile the draft technical standard file, and resubmit it for comments from the Ministry, ministry-level agency, or agency under the Government as stipulated in Clause 2.3.3, Point 2.3, Clause 2 of this Section.

The People's Committee of the province or centrally governed city may only decide to issue local technical standards after receiving the agreement of the Ministry, ministry-level agency, or agency under the Government responsible for managing the relevant technical standard field.

V. INSPECTION, AMENDMENT, SUPPLEMENTATION, REPLACEMENT, AND CANCELLATION OF TECHNICAL STANDARDS

1. Periodic Inspection of National Technical Standards

1.1. The Ministry, ministry-level agency, or agency under the Government shall organize the periodic inspection of national technical standards within their assigned management fields as stipulated in Article 23 of Decree No. 127/2007/NĐ-CP.

The Ministries, ministry-level agencies, or agencies under the Government shall designate lead agencies to conduct the periodic inspection of current national technical standards.

1.2. The procedures and formalities for the periodic inspection of national technical standards are as follows:

- The lead agency shall prepare a list of national technical standards due for inspection according to Clause 1, Article 35 of the Law on Standards and Technical Regulations;

- The lead agency shall inspect national technical standards according to the criteria set out in Clauses 1 and 2, Article 33 of the Law on Standards and Technical Regulations and other related criteria;

- The results of the inspection shall be compiled into lists accompanied by explanatory documents,  including: a list of national technical standards to retain their validity; a list of national technical standards requiring amendment, supplementation, replacement, and a list of national technical standards to be cancelled. Within each list, the inspected technical standards shall be arranged in order of priority;

- The lead agency shall prepare an inspection report on national technical standards, draft a report on the inspection results, and propose recommendations for inclusion in the annual plan for amending, supplementing, or replacing national technical standards to be submitted to the Ministry or ministry-level agency for approval of the national technical standards construction plan.

1.3. In cases of urgent state management requirements, the Minister, head of a ministry-level agency, or head of an agency under the Government may decide to organize the early inspection of national technical standards before the five-year period or at any time.

2. Amendment, Supplementation, and Replacement of Technical Standards

2.1. Amendments, supplements, and replacements of technical standards must be included in the annual plan for developing technical standards.

2.2. The Ministry, ministry-level agency, or agency under the Government, and the People's Committee of the province or centrally governed city shall organize the examination, amendment, supplementation, and replacement of technical standards according to the procedures and formalities stipulated in Article 32 of the Law on Standards and Technical Regulations and those specified in Part IV of the Circular.

3. Cancellation of National Technical Standards

The cancellation of national technical standards shall be carried out according to the provisions of Point a, Clause 3, Article 35 of the Law on Standards and Technical Regulations. The lead agency designated in Clause 2, Article 21 of Decree No. 127/2007/NĐ-CP shall prepare the cancellation file for national technical standards. The cancellation file for national technical standards includes:

3.1. The national technical standard proposed for cancellation;

3.2. An explanatory statement (reasons, legal basis, scientific basis);

3.3. Opinions of related agencies, organizations, or individuals (if applicable);

3.4. Results of periodic inspections and recommendations;

3.5. A document proposing the cancellation of the national technical standard;

3.6. The opinion of the Ministry of Science and Technology;

3.7. Other related documents (if applicable).

4. Cancellation of Local Technical Standards

The cancellation of local technical standards shall be carried out according to the provisions of Point b, Clause 3, Article 35 of the Law on Standards and Technical Regulations. The agency entrusted by the People's Committee of the province or centrally governed city to primarily develop local technical standards shall prepare the cancellation file for local technical standards. The cancellation file for local technical standards includes:

4.1. The local technical standard proposed for cancellation;

4.2. An explanatory statement (reasons, legal basis, scientific basis);

4.3. Opinions of related agencies, organizations, or individuals (if applicable);

4.4. Results of periodic inspections and recommendations;

4.5. A document proposing the cancellation of the local technical standard;

4.6. The opinion of the Ministry, ministry-level agency, or agency under the Government managing the corresponding national technical standard field;

4.7. Other related documents (if applicable).

5. In cases of urgent state management requirements, the Minister of Ministries, head of a ministry-level agency, or Chairman of the People's Committee of the province or centrally governed city may issue technical standards to decide on amendments, supplements, replacements, or cancellations of technical standards through shortened procedures while ensuring feasibility, scientific basis, and necessary funding for implementation.

VI. PRESENTATION AND REPRESENTATION OF THE CONTENT OF TECHNICAL STANDARDS

1. Structure of Technical Standards

The structure of technical standards includes the following main parts:

1.1. General Provisions:

- Scope of Regulation;

- Applicability;

- Definitions (if applicable).

1.2. Technical Provisions:

This section refers to standards or sets specific technical requirements regarding the limit values of technical characteristics that the object of the technical regulation must comply with to ensure safety, hygiene, health of people; protect animals, plants, the environment; protect national interests and security, consumer rights, and other essential requirements.

The technical requirements specified must be assessable using methods and means available domestically or internationally.

1.3. Section on management:

This section specifically outlines appropriate management methods for the object of the technical regulation as follows:

- Provisions on conformity certification (specifying the method of conformity assessment selected according to the regulations of the Ministry of Science and Technology and related provisions);

- Provisions on conformity declaration (specifying the basis for conformity declaration as the result of assessment by a recognized certification organization or testing laboratory, or self-assessment by the entity making the declaration);

- Inspection methods;

- Other management provisions (for example, labeling requirements, market surveillance, etc.);

- Testing methods, sampling methods;

- Other relevant contents.  

1.4. Other related management provisions (special conditions related to the use, operation, etc., of the object of the technical regulation and other requirements).

1.5. Section on supervision and handling in accordance with current laws.

1.6. Section on responsibilities of organizations and individuals.

1.7. Section on implementation organizations.   

1.8. Appendices (if any).

Depending on the object of the technical regulation and management requirements, the content of the technical regulation may include all of the above items, be reduced, or supplemented as necessary.

2. Presentation of Technical Regulations

The presentation of technical regulations must ensure systematicity, legal validity, and not conflict with related legal documents. The language of 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 clearly defined within the document.

2.1. Cover page of technical regulations

-  Technical regulations must have a front cover and a back cover.

- The format of the cover page of technical regulations is detailed in Appendix VI issued together with this Circular, including the following elements:

+ The National Emblem of the Socialist Republic of Vietnam as prescribed by law;

+ The line of text "Socialist Republic of Vietnam";

+ The full code of the technical regulation as stipulated in Article 8 of Decree No. 127/2007/NĐ-CP;

+ The line of text "National Technical Regulation" or "Local Technical Regulation";

+ The name of the technical regulation;

+ The full name of the technical regulation in English.

+ Place and year of issuance of the technical regulation.  - The abbreviated name of the Ministry, agency equivalent to a ministry, provincial People's Committee directly under the central government issuing the technical regulation is specified in Appendix VI issued together with this Circular. 

- Page 2 of the technical regulation is the preface page, which clearly states the organization drafting the draft technical regulation, the reviewing agency, and the issuing agency, the decision number, date, month, and year of issuance of the technical regulation, and other relevant contents related to the development and issuance of the technical regulation (example of the preface at Appendix VII issued together with this Circular).

2.2. Header of each content page (except page 3) of the technical regulation prints the full code of the technical regulation at the right side of the page for odd pages and the left side for even pages. The font style of the printed code is uppercase, bold Arial font, size 12 of the Vietnamese character set (Unicode Vietnamese font).

2.3. The principle of numbering the sections of the content of the technical regulation is implemented according to the corresponding provisions of Joint Circular No. 55/2005/TTLT-BNV-VPCP dated May 6, 2005, of the Ministry of Home Affairs and the Government Office guiding the format and technical presentation of documents.

3. Format of presenting technical regulations:

- The paper size of the technical regulation is A4 (210 mm x 297 mm), with allowable size deviation of ± 0.5 mm.

- The content (text) of the technical regulation is presented in regular print, using Arial font, size from 12 to 14 of the Vietnamese character set (Unicode Vietnamese font); when starting a new line, the first character can be indented from 1 cm to 1.27 cm (1 default tab); the minimum paragraph spacing is 6 pt; the minimum line spacing is single line spacing or 15 pt (exactly line spacing) or more.

- The page numbers of the technical regulation are counted from the front cover to the last page of the technical regulation. The page numbers of the technical regulation are printed at the center bottom of each page of the technical regulation, except for the cover page.

- The code and number of the technical regulation are printed on each page of the technical regulation at the upper corner outside the opening edge of the page.

4. When presenting the content of the technical regulation, refer to the guidelines provided in the national standard TCVN 1-2.

VII. ANNOUNCEMENT, DISSEMINATION, REGISTRATION, PUBLICATION, AND DISTRIBUTION OF TECHNICAL REGULATIONS

1. The announcement, dissemination, registration, publication, and distribution of technical regulations shall be carried out in accordance with Article 36 of the Law on Standards and Technical Regulations.

2. Ministries, agencies equivalent to ministries, provincial People's Committees directly under the central government issuing technical regulations, and government agencies primarily responsible for developing corresponding national technical regulations shall be responsible for announcing the issuance, amendment, supplementation, replacement, revocation of technical regulations on the official gazette, on the official website or journal, or official publication of the agency within thirty days from the date of issuance, amendment, supplementation, replacement, or revocation of the technical regulation.

2. The ministry, agency at the ministerial level, People's Committee of provinces and centrally governed cities shall issue technical regulations; the government agency primarily responsible for establishing corresponding national technical regulations shall be responsible for notifying the issuance, amendment, supplementation, replacement, or revocation of such technical regulations on the official gazette, on the official website, or in official magazines and publications of the agency within thirty days from the date of issuance, amendment, supplementation, replacement, or revocation of the technical regulations.

3. The ministries, ministerial-level agencies, provincial People's Committees shall issue technical standards, and the government agencies responsible for leading the development of national technical standards shall be responsible for establishing plans to implement the dissemination and guidance on applying technical standards.

The dissemination and guidance on applying technical standards must be carried out immediately after the issuance of such standards to relevant agencies, organizations, and individuals through training courses, conferences, seminars, and other appropriate forms.

4. The registration of issued technical standards shall be implemented in accordance with Article 13 of Decree No. 127/2007/NĐ-CP.

The registration form for technical standards shall be established according to the model prescribed in Appendix VIII attached to this Circular.

The Standardization, Metrology, and Quality Control General Department shall organize the compilation, periodic printing, and annual distribution of the list of technical standards based on the registration forms of technical standards issued by ministries, ministerial-level agencies, and provincial People's Committees.

5. Ministries, ministerial-level agencies, and provincial People's Committees issuing technical standards shall organize the publication and distribution of such standards within thirty days from the date of their issuance.

VIII. IMPLEMENTATION

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees within the scope of technical standard fields assigned to them, based on the guidelines set forth in this Circular, shall be responsible for organizing the implementation of the development, review, and issuance of technical standards for the assigned management objects. When necessary, they may provide detailed regulations or supplement specific contents regarding the development and application of technical standards to suit the characteristics of the ministry, sector, or locality.

2. The organization of applying technical standards shall be implemented specifically as follows:

2.1. The Standardization, Metrology, and Quality Control General Department under the Ministry of Science and Technology shall assist the Minister of Science and Technology in coordinating with ministries, sectors, and localities to implement the dissemination and guidance on applying national technical standards and local technical standards, periodically printing and distributing lists of national technical standards and local technical standards based on official notifications from ministries, sectors, and localities.

2.2. Ministries and ministerial-level agencies shall carry out the following tasks:

- Summarizing and announcing the list of national technical standards issued by themselves to the Ministry of Science and Technology;

- Proactively implementing information, propaganda, training, dissemination, guidance on applying, and related activities to ensure the enforcement of national technical standards.

2.3. Government agencies shall cooperate with the Ministry of Science and Technology to implement information, propaganda, training, dissemination, guidance on applying, and related activities to ensure the enforcement of national technical standards.

2.4. Provincial People's Committees shall carry out the following tasks:

- Summarizing and announcing the list of local technical standards issued by themselves to the Ministry of Science and Technology;

- Proactively implementing propaganda, training, dissemination, guidance on applying, and related activities to ensure the enforcement of local technical standards at the local level.

2.5. Organizations, individuals shall carry out the following tasks:

- Studying and mastering the content and requirements of  issued technical standards to implement the correct provisions stipulated in the technical standards;

- Timely reflecting any inappropriate content discovered during the application of technical standards to the agency issuing the technical standards for consideration, revision, and supplementation. 

3. This Circular shall take effect fifteen days after its publication in the Official Gazette.

4. During the implementation of this Circular, if there are any issues encountered, ministries, ministerial-level agencies, government agencies, provincial People's Committees, and relevant agencies, organizations, and individuals shall promptly reflect them to the Ministry of Science and Technology for research and amendment./.