Circular No. 24/2011/TT-BKHCN stipulates on the organization and implementation of tasks under the Project to Implement the Technical Barriers to Trade Agreement in the period of 2011-2015.

CIRCULAR

Regulations on the organization and implementation of tasks under the Implementation Program of the Technical Barriers to Trade Agreement for the period 2011-2015 Technical barriers to trade in the period 2011-2015

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

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

The Minister of Science and Technology promulgates regulations on the organization and implementation of tasks under the Implementation Program of the Technical Barriers to Trade Agreement for the period 2011-2015 as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate the organization and implementation of tasks under the Implementation Program of the Technical Barriers to Trade Agreement for the period 2011-2015 (hereinafter referred to as the TBT Program), approved by Decision No. 682/QĐ-TTg dated May 10, 2011 of The Prime Minister.

Article 2. Applicability

These Circulars apply to Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and centrally-run city People's Committees (hereinafter referred to as Ministries, sectors, localities) and organizations and individuals in implementing tasks under the TBT Program.

Article 3. Organizing agency for the implementation of the TBT Program

1. The Ministry of Science and Technology is responsible before the Prime Minister for organizing the implementation of the TBT Program.

The Standardization, Metrology and Quality Control General Department is the permanent agency assisting the Minister of Science and Technology in organizing the implementation of the TBT Program.

2. The Ministry of Science and Technology shall take the lead and coordinate with Ministries, sectors, and localities in organizing the implementation of Projects 1, 4, 5, and 6 under the TBT Program.

The Ministry of Industry and Trade shall take the lead and coordinate with Ministries, sectors, and localities in organizing the implementation of Projects 2 and 3 under the TBT Program.

3. Ministries, sectors, and localities shall organize the implementation of tasks under the TBT Program within their respective management scope.

The management agency of the TBT Program of Ministries and sectors shall be designated by the leadership of Ministries and sectors, assisting the leadership of Ministries and sectors in organizing the implementation of the TBT Program within their respective management scope.

The Department of Science and Technology at the provincial level is the management agency of the TBT Program at the locality level, assisting the Provincial People's Committee in organizing the implementation of the TBT Program within the management scope of the locality.

4. The Inter-Ministerial Committee on Technical Barriers to Trade (hereinafter referred to as the TBT Inter-Ministerial Committee) shall perform the function of coordinating the implementation and deployment of the TBT Program and the coordination with related programs, projects, and initiatives to ensure effective implementation of the TBT Program and avoid overlap.

Chapter II

ORGANIZATION AND IMPLEMENTATION OF THE TBT PROGRAM

Article 4. Development of Action Programs and Projects under the TBT Program

1. Ministries and localities shall develop Action Programs for deploying the TBT Program for the period 2011-2015 according to the Framework Action Program for Implementing the TBT Program attached hereto.

Action Programs of Ministries and localities shall be submitted to the Ministry of Science and Technology for consolidation and coordinated implementation.

2. The Ministry leading the implementation of a project under the TBT Program shall develop the assigned projects, coordinating with Ministries, sectors, and localities to organize the implementation of the projects.

Article 5. Development of Plans and State Budget Estimates for Implementing Tasks under the TBT Program

1. Annually, based on the progress of plan development, referring to the Action Program for Implementing the TBT Program, and based on tasks and projects under the TBT Program, Ministries, sectors, and localities shall prepare plans and budget estimates for implementing tasks under the TBT Program for the planning year.

2. The plans and state budget estimates for implementing tasks under the TBT Program shall be consolidated in the annual plans and budget estimates for state spending of Ministries, sectors, and localities, submitted to the competent authority for approval in accordance with regulations; simultaneously, they shall be sent to the Ministry of Science and Technology for consolidation and coordinated implementation.

3. The use of funds for implementing tasks under the TBT Program shall be carried out in accordance with the Circular stipulating the content of expenditures for implementing tasks under the TBT Program issued by the Minister of Science and Technology.

Article 6. Inspection, evaluation, and reporting on the implementation of tasks under the Technical Barriers to Trade (TBT) Project

1. Annually, the Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Industry and Trade and relevant ministries and sectors to inspect and evaluate the results of implementing tasks under the TBT Project carried out by ministries, sectors, and localities; compile the situation of implementing tasks under the TBT Project of ministries, sectors, and localities, and report. The Prime Minister.

2. Ministries, sectors, and localities shall inspect and evaluate the results of implementing tasks under the TBT Project carried out by agencies and organizations under their jurisdiction; submit reports to the Ministry of Science and Technology.

3. Agencies and organizations must prepare and provide all relevant documents and information related to assigned tasks under the TBT Project and facilitate inspections and evaluations to achieve results.

Article 7. Responsibilities of agencies and organizations implementing the TBT Project

1. Responsibilities of the Standing Office (National Standardization Agency)

a) Coordinate with the management agency of the TBT Project of ministries, sectors, and localities to implement tasks under the TBT Project according to the directives of the Ministry of Science and Technology; organize activities to promote and disseminate information about the TBT Project;

b) Develop plans and budget estimates for expenses to implement tasks under the TBT Project led by the Ministry of Science and Technology; allocate funds for common activities of the TBT Project;

c) Conduct regular or ad hoc inspections when necessary to monitor the implementation of tasks under the TBT Project by ministries, sectors, and localities; report and propose solutions to the Ministry of Science and Technology for issues arising during the implementation of the TBT Project;

d) Organize mid-term and final reviews of the TBT Project implementation;

đ) Implement regular and ad hoc reporting systems annually on the implementation of tasks under the TBT Project by ministries, sectors, and localities;

e) Safeguard and preserve project files and documents in accordance with regulations.

The Standing Office shall be guaranteed conditions regarding funding, working tools, and other benefits as stipulated by current regulations.

2. Responsibilities of the leading ministry implementing projects under the TBT Project

a) Develop assigned projects; guide ministries, sectors, and localities in building and implementing tasks of projects within their management scope;

b) Organize the implementation and evaluate the results of projects;

c) Report the results of projects to the Ministry of Science and Technology for consolidation and reporting.

3. Responsibilities of ministries, sectors, and localities implementing the TBT Project

a) Ministries and localities shall develop action programs to implement the TBT Project for the period 2011-2015; annual plans to implement the TBT Project within their management scope;

b) Organize the implementation of tasks under the TBT Project within their management scope; coordinate with the Ministry of Science and Technology and the Ministry of Industry and Trade during the implementation of TBT Project tasks;

c) Prioritize allocation of funds for the implementation of tasks under the TBT Project;

d) Inspect and evaluate the results of implementing tasks under the TBT Project carried out by agencies and organizations under their jurisdiction;

đ) Report the implementation of the TBT Project to the Ministry of Science and Technology for consolidation and reporting. The Prime Minister.

4. Responsibilities of the Inter-Ministerial Committee on TBT: Carry out specific duties and powers as prescribed by the Minister of Science and Technology.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Effective Date

1. This Circular takes effect from November 15, 2011.

2. During the process of organizing and implementing, if there are emerging issues or difficulties, agencies and organizations are requested to promptly reflect them in writing to the Ministry of Science and Technology for research, amendment, and supplementation to ensure compliance./.