Circular No. 26/2019/TT-BKHCN detailing the construction, examination, and issuance of technical standards

CIRCULAR

Detailed regulations on the development, examination, and issuance of technical standards

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

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to 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 and Decree No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing certain provisions 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;

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

The Minister of Science and Technology issues this Circular detailing the development, examination, and issuance of technical standards.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the development, examination, and issuance of technical standards, including activities:

1. Developing plans for the creation of technical standards;

2. Creating technical standards;

3. Examining technical standards;

4. Issuing technical standards;

5. Reviewing, amending, supplementing; replacing; abolishing technical standards;

6. Presenting and expressing the content of technical standards;

7. Announcing, disseminating, registering, publishing, and issuing technical standards.

Article 2. Applicability

This Circular applies to state agencies, organizations, and individuals involved in the process of developing, examining, and issuing technical standards.

Article 3. Explanation of Terms

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

1. National technical standards are technical standards issued by the Minister, Head of a ministerial-level agency along with normative legal documents within their sector or field of management assigned by the Government, in accordance with Clause 1, Article 23 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, amended and supplemented at Clause 7, Article 1 of Decree No. 78/2018/NĐ-CP dated June 15, 2018 of the Government amending and supplementing certain provisions 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. 78/2018/NĐ-CP). National technical standards are abbreviated as: QCVN;

Chapter II
DEVELOPMENT AND APPROVAL OF PLANS

FOR THE CREATION OF TECHNICAL STANDARDS

Article 4. Principles for the development and approval of plans for the creation of technical standards

1. Development and approval of plans for the creation of technical standards shall be carried out in accordance with Article 29 of the Law on Standards and Technical Regulations dated June 29, 2006.

2. Depending on conditions and management requirements, ministries, ministerial-level agencies shall take the lead and coordinate with the Ministry of Science and Technology and relevant agencies and organizations to organize the development, approval, amendment, and supplementation of plans for the creation of QCVN.

3. The People's Committees of provinces and centrally governed cities shall take the lead and coordinate with relevant agencies and organizations to organize the development and approval of plans for the creation of QCĐP.

4. Ministries, ministerial-level agencies, and the People's Committees of provinces and centrally governed cities shall approve plans for QCVN and QCĐP after obtaining the opinion of the Ministry of Science and Technology.

The Ministry of Science and Technology shall have the responsibility to study and provide comments on plans for the creation of QCVN and QCĐP within ten working days from the date of receipt of the request for comments from the agency responsible for plan development.

5. Requirements for plans for the creation of technical standards

a) Plans for the creation of QCVN;

a1) Consistent with national policies and programs for the development of sectors and fields that have been approved (if applicable);

a2) Meeting specific management requirements, consistent with plans for economic and social development and the conditions of scientific and technological development in Vietnam;

a3) Not overlapping the scope, objects, and authority of management areas within sectors and fields;

a4) Consistent with international treaties to which Vietnam is a member;

b) Plans for the creation of QCĐP;

bl) Meeting management requirements for specific products, goods, services, and processes of the locality and specific requirements for environmental control, scientific and technological development, and management at the local level;

b2) Not creating unnecessary technical barriers to production and business activities and the circulation of goods between provinces and centrally governed cities.

Article 5. Procedures and formalities for approving the plan to develop QCVNs

1. The contents of the plan to develop QCVNs include: the name of the QCVNs to be developed arranged by specialty and technical regulation field; type of technical regulations, name of the organization drafting the draft; time frame; estimated budget and source of funds.

2. Establishing, approving, implementing, and adjusting, supplementing the plan to develop QCVNs shall be carried out as follows:

a) Drafting the plan to develop QCVNs

a1) In the second quarter of each year, based on the need to develop new, amend, supplement, or replace QCVNs, relevant agencies, organizations, and individuals submit proposals for the plan to develop QCVNs for the following year in writing to ministries and ministerial-level agencies along with the project to develop QCVNs for review and consolidation.

a2) Based on specific state management requirements in the field of technical regulations assigned by the Government, ministries and ministerial-level agencies consolidate and prioritize the proposals for plans to develop, amend, supplement, or replace QCVNs.

a3) Ministries and ministerial-level agencies organize the review of the project to develop QCVNs, with the participation of representatives from relevant agencies and organizations, and draft the plan to develop QCVNs for the following year. Proposals for the plan to develop QCVNs are implemented according to the Model prescribed in Appendix I attached hereto; Projects to develop QCVNs are implemented according to the Model prescribed in Appendix II attached hereto;

b) Soliciting opinions and perfecting the draft plan to develop QCVNs

b1) Ministries and ministerial-level agencies send the draft plan to the Ministry of Science and Technology, relevant ministries, sectors, agencies, organizations, and individuals for solicitation of opinions, while simultaneously announcing the solicitation of opinions on the electronic portal or official magazine/publication of the leading ministry or ministerial-level agency responsible for establishing and approving the plan. The period for soliciting opinions must be at least thirty days, starting from the date the draft is sent out for solicitation of opinions.

b2) Ministries and ministerial-level agencies consolidate and process feedback to perfect the annual draft plan to develop QCVNs;

c) Approving the plan to develop QCVNs;

c1) Review and approve the plan to develop QCVNs to be implemented in the fourth quarter of the preceding year, combined with reviewing and approving the science and technology plan, following the general guidance on the annual science and technology plan issued by the Ministry of Science and Technology.

c2) Ministries and ministerial-level agencies review and approve the plan to develop QCVNs after obtaining the opinion of the Ministry of Science and Technology to ensure the consistency and synchronization of the system of technical regulations; notify relevant agencies and organizations, the National Technical Information Bulletin Office and Inquiry Point (Vietnam TBT National Notification and Inquiry Point), and publicly announce on the official magazine/publication or electronic portal of the leading ministry or ministerial-level agency responsible for establishing and approving the plan, within thirty days from the date the plan is approved;

d) Implementing the plan to develop QCVNs

Ministries and ministerial-level agencies organize the implementation of the approved plan; periodically every six months or as required, report on the implementation status and results of the plan to develop QCVNs to the Ministry of Science and Technology for consolidation and reporting to the Government, the receiving agency being the General Department of Standardization, Metrology and Quality, No. 08 Hoang Quoc Viet Street, Hanoi City;

đ) Adjusting and supplementing the plan to develop QCVNs

đl) The plan to develop QCVNs is adjusted, supplemented, or withdrawn from the implementation plan in writing upon the proposal of relevant agencies, organizations, and individuals. The content of the adjustment and supplementation of the plan includes: schedule, subject, content of QCVNs, implementation budget.

đ2) Proposals to adjust and supplement the plan to develop QCVNs are submitted before October 1st of each year. The procedures and formalities for adjusting and supplementing the plan to develop QCVNs are carried out according to points b and c of this Clause.

In cases where there is an urgent requirement for state management, the annual adjustment and supplementation of the plan shall be carried out according to the decision of the Minister or Head of the ministerial-level agency responsible for establishing and approving the plan.

Article 6. Procedures for approving the plan to develop technical regulations

1. The procedures for drafting, approving, implementing, and adjusting and supplementing the plan to develop technical regulations shall be as follows:

a) Draft the plan to develop technical regulations

b) In the second quarter of each year, based on the need to establish new, amend, supplement, or replace technical regulations, relevant agencies, organizations, and individuals submit proposals for the plan to develop technical regulations for the following year in writing to the People's Committee of the province or centrally governed city along with the project to develop technical regulations for consideration and consolidation. Proposals for the plan to develop technical regulations and implementation contents shall follow the Model prescribed in Appendix III attached to this Circular. The project to develop technical regulations shall be drafted according to the Model prescribed in Appendix IV attached to this Circular.

c) The People's Committee of the province or centrally governed city organizes the review of the technical regulation projects with the participation of representatives from ministries, sectors, and local departments related to the project. Depending on the content, complexity level, and scope of impact of the technical regulation development object, the People's Committee of the province or centrally governed city decides to invite representatives from ministries or equivalent ministries directly involved in the review of the project or provide comments in writing.

d) The People's Committee of the province or centrally governed city organizes the drafting of the plan to develop technical regulations for the following year. The drafting of the plan to develop technical regulations shall follow the Model prescribed in Appendix III attached to this Circular.

2. Soliciting opinions and finalizing the draft plan to develop technical regulations

a) The People's Committee of the province or centrally governed city sends the draft plan to the specialized management ministry and related agencies, organizations, and individuals for soliciting opinions, and announces the solicitation of opinions on the electronic portal or official magazine/publication of the People's Committee of the province or centrally governed city or the agency assisting the People's Committee of the province or centrally governed city in managing science and technology in the locality. The period for soliciting opinions on the draft plan shall be at least thirty days, starting from the date the draft plan is sent out for soliciting opinions.

b) The agency assisting the People's Committee of the province or centrally governed city in managing science and technology in the locality organizes the consolidation and processing of feedback opinions to finalize the draft plan to develop technical regulations.

3. Approving the plan to develop technical regulations

a) The examination and approval of the plan to develop technical regulations shall be carried out in the fourth quarter of the preceding year, combined with the examination and approval of the science and technology plan of the People's Committee of the province or centrally governed city, and in accordance with the general guidelines on annual science and technology plans issued by the Ministry of Science and Technology.

b) The People's Committee of the province or centrally governed city organizes the examination and approval of the plan to develop technical regulations after obtaining the opinion of the Ministry of Science and Technology to ensure consistency and synchronization within the system of technical standards (the letter sent to the Ministry of Science and Technology shall include the opinion of the specialized management ministry).

c) Notify relevant ministries, sectors, agencies, and organizations, and local TBT activity implementing agencies about technical barriers in trade and publish them on the electronic portal or official magazine/publication of the People's Committee of the province or centrally governed city or the agency assisting the People's Committee of the province or centrally governed city in managing science and technology in the locality within thirty days from the date of approval of the plan.

4. Implementing the plan to develop technical regulations

The People's Committee of the province or centrally governed city organizes the implementation of the approved plan; periodically in the fourth quarter of each year or at any time upon request, report to the Ministry of Science and Technology through the General Department of Standardization, Metrology, and Quality Control on the situation and results of implementing the plan to develop technical regulations for consolidation and reporting to the Government.

5. Adjusting and supplementing the plan to develop technical regulations

a) The plan to develop technical regulations may be adjusted, supplemented, or withdrawn from the plan based on written requests from relevant agencies, organizations, and individuals. The content of adjustments and supplements to the plan includes progress, objects, contents of technical regulations, and implementation costs.

b) Requests for adjustment and supplementation of the plan to develop technical regulations must be submitted at least six months before the end of the plan's task period. The procedures for adjusting and supplementing the plan to develop technical regulations shall be carried out in accordance with Clause 2 and Clause 3 of this Article.

In cases where there is an urgent requirement for state management at the local level, the procedures for adjusting and supplementing the annual plan may be shortened to ensure timely compliance with state management requirements as decided by the Chairman of the People's Committee of the province or centrally governed city responsible for establishing and approving the plan.

Chapter III
DEVELOPMENT, REVIEW, AND ISSUANCE OF TECHNICAL STANDARDS

Article 7. Procedures and formalities for drafting, reviewing, and promulgating QCVN

1. Step 1: Establishing the drafting board

a) Depending on specific conditions, ministries, ministerial-level agencies shall establish the drafting board for QCVN or designate subordinate agencies, scientific and technological organizations (hereinafter referred to as the drafting board) to draft QCVN.

b) The drafting board must include representatives from relevant ministries, sectors, organizations, and experts.

2. Step 2: Drafting the QCVN proposal

a) Preparing to draft the proposal

a1) Collecting, compiling, and evaluating the implementation status of related regulatory legal documents concerning the project to draft QCVN.

a2) Surveying and assessing the current state of national management and risk levels related to the objects and main contents of the project to draft QCVN.

a3) Organizing research on information and materials of international commitments related to the project to draft QCVN.

a4) Preparing and approving detailed project implementation outlines along with the framework content of the QCVN draft.

a5) Requesting the Ministry of Finance (through the General Department of Customs) to coordinate in reviewing and determining HS codes for products and goods expected to fall within the scope of regulation of QCVN.

a6) Other related work.

b) Implementing the drafting of the QCVN proposal

b1) Drafting the proposal based on the agreed framework content and writing explanatory notes.

b2) Compiling and researching technical documents; evaluating the current situation, conducting sampling analysis, testing, trial application (if applicable) to determine technical characteristic limits; analyzing and assessing the risk level of the managed object to determine appropriate management methods in the QCVN draft.

b3) Determining HS codes at the detailed level (8 digits) for managed objects that are product groups 2.

b4) Organizing specialized seminars with the participation of relevant agencies, organizations, and experts (prioritizing invitations to associations, industries, businesses, citizens... who are directly affected by technical standards) to disclose information and seek opinions on the QCVN draft.

b5) Studying, adopting opinions, revising the draft, and submitting it to the ministry or ministerial-level agency drafting the QCVN for review and sending it to relevant agencies, organizations, and individuals for comments.

3. Step 3: Soliciting opinions and finalizing the QCVN draft

a) The ministry or ministerial-level agency organizes the review of the draft

a1) Sending the QCVN draft along with explanatory notes to relevant agencies, organizations, and individuals to solicit opinions (sending the draft to agencies, organizations, and individuals who are directly affected by the draft).

In cases where the promulgation of QCVN may affect international trade, the ministry or ministerial-level agency sends the QCVN draft to the Vietnam National Standards Office to determine the necessity of notifying the WTO according to Circular No. 16/2018/TT-BKHCN dated November 29, 2018, issued by the Minister of Science and Technology regarding activities and coordination in the network of Notification Authorities and Inquiry Points and the Inter-Ministerial Committee on Technical Barriers to Trade (hereinafter referred to as Circular No. 16/2018/TT-BKHCN).

a2) Simultaneously with soliciting opinions, announcing the solicitation of opinions on the electronic bulletin board or official magazine of the ministry or ministerial-level agency drafting the QCVN. The period for soliciting opinions on the draft must be at least sixty (60) days, starting from the date of sending out the draft for comments.

In urgent cases related to health, safety, and the environment, the opinion solicitation period may be shorter. A shorter opinion solicitation period is implemented according to the decision of the Minister or head of the ministerial-level agency drafting the QCVN, but not less than thirty (30) days.

b) Based on the received opinions, the drafting board processes, adopts, and finalizes the QCVN draft and prepares the QCVN draft file in accordance with Clause 1, Article 10 of Decree No. 127/2007/ND-CP amended and supplemented by Clause 6, Article 1 of Decree No. 78/2018/ND-CP.

c) The report on the drafting process and the explanatory notes must bear the stamp of the drafting agency.

d) Ministries and ministerial-level agencies drafting the QCVN organize reviews and examine the QCVN draft files and contents to ensure compliance with approved plans and projects and issue a letter requesting review, confirming the completeness and validity of the submitted file to the Ministry of Science and Technology for review.

4. Step 4: Reviewing the QCVN draft

a) The Ministry of Science and Technology examines the validity of the QCVN draft file in accordance with Clause 1, Article 10 of Decree No. 127/2007/ND-CP amended and supplemented by Clause 6, Article 1 of Decree No. 78/2018/ND-CP.

If the file is invalid, the Ministry of Science and Technology transfers the file to the ministry or ministerial-level agency drafting the QCVN for completion.

b) Conducting the review of the QCVN draft in accordance with Clause 2, Article 9 of Decree No. 127/2007/ND-CP amended and supplemented by Clause 5, Article 1 of Decree No. 78/2018/ND-CP.

c) In cases where the QCVN draft has complex characteristics, the managed objects fall under the jurisdiction of multiple ministries and sectors, significantly affecting production, business, and trade, and the draft has not obtained sufficient opinions from directly related ministries and sectors, the Ministry of Science and Technology seeks additional opinions or requests the ministry or ministerial-level agency drafting the QCVN to seek additional opinions.

d) In cases where there is overlap or duplication in the scope and objects managed by the QCVN draft compared to the existing system of QCVN, and there are many inconsistent opinions on the draft sent for review.

The Ministry of Science and Technology transfers the file to the ministry or ministerial-level agency drafting the QCVN and clearly informs the reasons for the ministry or ministerial-level agency to revise the draft content before resubmitting for review. The time taken by the ministry or ministerial-level agency to revise the draft content does not count towards the QCVN review period.

đ) Based on the review results, prepare the QCVN draft review file and notify in writing the review results to the ministries and ministerial-level agencies drafting the QCVN.

5. Step 5: Promulgating the QCVN

a) In cases where the review opinion of the Ministry of Science and Technology is agreed upon, the ministry or ministerial-level agency completes the draft and promulgates the QCVN within thirty days from the date of receipt of the review opinion;

b) In case there is disagreement with the opinion of the Ministry of Science and Technology, the ministry or agency at the ministerial level responsible for drafting the QCVN shall report to the Prime Minister for consideration and decision.

6. The Standardization, Measurement and Quality Control General Department under the Ministry of Science and Technology shall be responsible for assisting the Minister of Science and Technology in organizing the implementation of this Article.

Article 8. Procedures and formalities for drafting and promulgating QCĐP

1. Step 1: Establishing the drafting board

Depending on specific conditions, the People's Committee of the province or centrally governed city may establish a drafting board for the QCĐP or designate the leading agency to coordinate with relevant advisory and supporting agencies of the provincial or centrally governed city People's Committee to draft the QCĐP (hereinafter referred to as the drafting board).

2. Step 2: Drafting the QCĐP

The drafting board shall prepare the draft QCĐP in accordance with the procedures stipulated in Clause 2 of Article 7 of this Circular.

3. Step 3: Soliciting opinions and finalizing the draft QCĐP

a) The People's Committee of the province or centrally governed city shall organize the review of the file, send the draft QCĐP to relevant agencies, organizations, and individuals for comments, and submit the draft to the corresponding local announcement and question-and-answer agency to determine whether it is necessary to notify the WTO according to Circular No. 16/2018/TT-BKHCN.

a1) At the same time, announce the solicitation of opinions on the QCĐP on the electronic portal or official magazine/publication of the People's Committee and the advisory and supporting agency of the provincial or centrally governed city People's Committee in the relevant field.

a2) The period for soliciting opinions on the draft shall be at least 60 (sixty) days from the date of sending the draft for comments. In cases of urgency related to health, safety, and the environment, the period for soliciting opinions may be shortened but not less than 30 (thirty) days according to the decision of the Chairman of the provincial or centrally governed city People's Committee authorized to issue the QCĐP.

b) Based on the comments received, the drafting board shall revise the draft QCĐP, prepare the draft QCĐP file in accordance with Clause 4 of this Article, and submit it to the provincial or centrally governed city People's Committee for examination and decision.

c) The People's Committee of the province or centrally governed city shall organize the verification of the draft QCĐP file to examine its completeness and validity in accordance with Clause 4 of this Article, and transfer the draft QCĐP file along with the verification record to the specialized management ministry specified in Clause 1 of Article 23 of Decree No. 127/2007/NĐ-CP amended and supplemented by Clause 7 of Article 1 of Decree No. 78/2018/NĐ-CP for examination and comment.

4. Step 4: Examining and commenting on the issuance of the QCĐP

a) The draft QCĐP file includes:

a1) Decision assigning the task of drafting the QCĐP draft to the agency or organization along with the approved project for drafting the QCĐP;

a2) Report on the process of drafting the QCĐP draft by the agency or organization responsible for drafting the QCĐP;

a3) Draft QCĐP, accompanied by explanatory notes; copies of original documents used as the basis for drafting the QCĐP draft and other reference materials;

a4) List of agencies sent the draft for comments; summary and adoption of comments along with the comment documents;

a5) Opinion of the Ministry of Science and Technology on the management regulations in the draft QCĐP, ensuring that they do not create unnecessary technical barriers to production, business, and trade activities;

a6) Verification record of the file with confirmation of the provincial or centrally governed city People's Committee;

a7) Letter requesting the specialized management ministry to comment on the draft QCĐP.

b) The ministry or agency at the ministerial level shall examine the validity of the draft QCĐP file. If the file is invalid, the ministry or agency at the ministerial level shall return the file to the provincial or centrally governed city People's Committee for completion.

c) Examine the content of the draft QCĐP

c1) Compliance with legal provisions and international commitments.

c2) Consistency and synchronization within the system of Vietnamese technical standards.

c3) No overlap in technical regulations, management requirements, or violation of corresponding QCVN regulations.

c4) Not creating unnecessary technical barriers to the production, circulation, and trade of products, goods, and services between provinces and cities.

c5) Compliance with procedural and formal requirements for drafting QCĐP.

C6) Other provisions in the QCĐP.

d) Notify in writing the opinion on the issuance of the QCĐP.

5. Step 4: Issuing the QCĐP

a) In case the ministry or agency at the ministerial level agrees with the issuance of the QCĐP, the provincial or centrally governed city People's Committee shall issue the QCĐP.

b) In case the ministry or agency at the ministerial level disagrees with the issuance of the QCĐP, the drafting board shall organize research and review of the dissenting opinions to address them, revise the draft, re-prepare the draft QCĐP file, and resubmit it for comments from the ministry or agency at the ministerial level in accordance with Point c of Clause 3 of this Article.

The provincial or centrally governed city People's Committee shall issue the QCĐP after receiving the agreement of the ministry or agency at the ministerial level assigned to manage the corresponding technical standard sector.

Chapter IV
REVIEWING, AMENDING, SUPPLEMENTING, REPLACING, AND REVOKING TECHNICAL STANDARDS

Article 9. Periodic Review of QCVN

Ministries and ministerial-level agencies shall assign lead agencies to organize the periodic review of QCVN every five years in accordance with the fields assigned by the Government for management as stipulated in Clause 1, Article 23 of Decree No. 127/2007/NĐ-CP, amended and supplemented by Clause 7, Article 1 of Decree No. 78/2018/NĐ-CP.

1. Procedures and formalities for periodic review of QCVN

a) The lead agency shall prepare a list of QCVN due for review according to Clause 1, Article 35 of the Law on Standards and Technical Regulations 2006.

b) The lead agency shall conduct the review of QCVN based on the criteria specified in Clauses 1 and 2, Article 33 of the Law on Standards and Technical Regulations 2006, and other relevant criteria.

c) Prepare a list of review results accompanied by an explanatory report, including: a list of QCVN to maintain their validity; a list of QCVN requiring amendment, supplementation, or replacement; and a list of QCVN to be abolished. Within each list, technical standards that have been reviewed are arranged in order of priority.

2. The lead agency shall prepare a review dossier for QCVN, ready to report the review results and propose plans for amending, supplementing, replacing, or abolishing QCVN for approval by ministries and ministerial-level agencies to consider in the plan for developing QCVN.

3. In cases of urgent requirements for state management, the Minister or head of a ministerial-level agency may decide to organize the review of QCVN earlier than the five-year period or at short notice.

Article 10. Amending, Supplementing, or Replacing Technical Standards

1. Amending, supplementing, or replacing technical standards shall be included in the annual plan for developing technical standards.

2. Ministries, ministerial-level agencies, and provincial/municipal People's Committees shall organize the examination, amendment, supplementation, or replacement of technical standards in accordance with the procedures and formalities prescribed in Article 32 of the Law on Standards and Technical Regulations 2006 and Chapter III of this Circular.

Article 11. Abolishing Technical Standards

1. Abolishing QCVN

a) Abolishing QCVN shall be carried out in accordance with point a, Clause 3, Article 35 of the Law on Standards and Technical Regulations 2006.

b) The lead agency as stipulated in Clause 2, Article 21 of Decree No. 127/2007/NĐ-CP shall prepare an abolition dossier for QCVN, which includes:

bl) The QCVN proposed for abolition;

b2) An explanatory document (reasons, legal basis, scientific grounds);

b3) Opinions of related agencies, organizations, or individuals (if any);

b4) Results of periodic reviews and recommendations;

b5) A document proposing the abolition of QCVN;

b6) The opinion of the Ministry of Science and Technology's appraisal;

b7) Other related documents (if any).

2. Abolishing QCĐP

a) Abolishing QCĐP shall be conducted by the agency entrusted by the provincial/municipal People's Committee to develop such QCĐP, in accordance with point b, Clause 3, Article 35 of the Law on Standards and Technical Regulations 2006.

b) Abolishing QCĐP shall be documented in a dossier, which includes:

b1) The QCĐP proposed for abolition;

b2) An explanatory document (reasons, legal basis, scientific grounds);

b3) Opinions of related agencies, organizations, or individuals (if any);

b4) Results of periodic reviews and recommendations;

b5) A document proposing the abolition of QCĐP;

b6) Opinions of ministries or ministerial-level agencies managing the corresponding QCVN field;

b7) Other related documents (if any).

3. In cases of urgent requirements for state management, the Minister, head of a ministerial-level agency, or Chairman of a provincial/municipal People's Committee may issue a decision to amend, supplement, replace, or abolish QCĐP through shortened procedures and processes while ensuring feasibility, scientific basis, and necessary funding for implementation.

Chapter V
PRESENTATION AND REPRESENTATION OF THE CONTENT OF TECHNICAL STANDARDS

Article 12. Structure of Technical Regulations

1. General Provisions

a) Scope of Regulation

For products and goods, the HS code at the detailed level (8 digits) must be included.

In cases where technical regulations regulate a group of objects consisting of multiple products and goods, the HS code shall be reflected in the annex of the technical regulation along with the list of corresponding products and goods, implemented according to the provisions of Annex VII issued together with this Circular.

b) Scope of application.

c) Definitions (if any).

2. Technical Provisions

a) Reference to QCVN, national standards, international standards, regional standards, foreign standards, or specific technical requirements regarding the limits of technical characteristics that the regulated object must comply with to ensure safety, hygiene, health of people; protection of animals, plants, environment; protection of national interests and security, consumer rights.

b) Provisions on specific technical requirements, testing methods that can be evaluated using existing means domestically or internationally; not general, ambiguous provisions leading to multiple interpretations.

Example: the testing method accepts standards with equivalent or higher accuracy.

c) In cases where there is one technical requirement but allows for different testing methods, clearly specify which method is the arbitration method for resolving disputes, complaints, lawsuits.

3. Management Provisions

a) Specifically reflect appropriate management methods for the regulated object of the technical regulation as follows:

a1) Provisions on conformity assessment methods in accordance with guidelines from the Ministry of Science and Technology and other relevant regulations;

a2) Provisions on declaration of conformity (specifying the basis for declaration of conformity as the results of conformity assessment by certification, inspection organizations, laboratories registered for operation, designated, or recognized);

a3) Inspection methods;

a4) Other management forms (for example: labeling requirements, traceability, market surveillance...);

a5) Testing methods, sampling methods;

a6) Other contents.

b) In cases where the Decree-based Technical Regulation (QCĐP) is established based on the delegation provisions of the corresponding QCVN, the QCĐP ensures the following requirements:

b1) The general provisions, technical provisions (scope of regulation, scope of application, definitions, specific technical indicators) are based on the delegation clauses of the corresponding QCVN, while also being consistent with the geographical, climatic, hydrological features, and socio-economic development level of the locality;

b2) Management provisions (conformity assessment methods; testing, certification, inspection; declaration of conformity; announcement of applicable standards; registration, designation, recognition of conformity assessment bodies and other management contents...) are implemented according to the provisions of the corresponding delegated QCVN;

b3) The symbol on the conformity mark of the QCĐP established based on the delegation from the corresponding QCVN is printed below the CR mark including the number and symbol of the QCVN; the number and symbol of the QCĐP (written in two separate lines) are implemented according to the provisions of Annex IX issued together with this Circular. Example:

QCVN 01-1:2018/BYT

QCĐP 01:2020/XXX

c) In cases where the content of the QCĐP does not align with the provisions of point b of this clause, opinions from the Ministry of Science and Technology and the specialized management ministry must be obtained to avoid unnecessary technical barriers to production, business, and trade in the locality.

4. Other related management provisions

Example: special requirements related to management, use, operation of the regulated object of the technical regulation and other requirements.

5. Responsibilities of organizations and individuals.

6. Implementation.

7. Appendices (if any)

8. Depending on the management object of the technical regulation and specific management requirements, the content of the technical regulation may be reduced or supplemented appropriately to ensure transparency and feasibility in state management.

Article 13. Presentation of technical standards

1. The presentation of technical standards must ensure systematicity, legal effectiveness, compliance with relevant laws and international commitments. The language of technical standards must ensure uniformity, accuracy, and accessibility; expressions must be simple and easy to understand. Specialized terms must be clearly defined and their meanings explained within the technical standards.

2. Cover page of technical standards

a) The cover page of technical standards shall be presented according to the Model prescribed in Appendix V attached hereto, ensuring the following elements:

a1) The national emblem of the Socialist Republic of Vietnam as stipulated by the law on the national emblem;

a2) The phrase “SOCIALIST REPUBLIC OF VIET NAM”;

a3) The full code of the technical standard in accordance with Article 8 of Decree No. 127/2007/NĐ-CP;

a4) For newly issued technical standards: the document number is assigned progressively, subsequent years' technical standards will not reuse the previous year's number. Example:

QCVN 01:2016/XXX; QCVN 02:2016/XXX; QCVN 03:2016/XXX; QCVN 04:2017/XXX;...);

a5) For amended and supplemented technical standards: the code of the technical standard is assigned according to the number of amendments and the year of amendment and supplementation, retaining the original number and code of the old technical standard (for example, Amendment 01:2016 QCVN 04:2009/XXX means that QCVN 04:2009/XXX was amended and supplemented for the first time in 2016);

a6) For replaced technical standards: retain the original code of the technical standard, only changing the year of issuance (for example, the technical standard QCVN 03:2019/XXX on children's toy safety replaces QCVN 03:2009/XXX on children's toy safety);

a7) The phrase "National Technical Standard" or "Local Technical Standard";

a8) The name of the technical standard;

a9) The full name of the technical standard in English;

a10) The place and year of issuance of the technical standard.

b) The abbreviated name of the ministry, equivalent ministry, provincial people's committee, or centrally governed city issuing the technical standard shall be implemented according to the provisions in Appendix VI attached hereto.

c) Page 2 of the technical standard is the page presenting the preface, ensuring information such as the organization drafting the technical standard draft, the reviewing agency, the examining agency, and the issuing agency of the technical standard, the circular/decision issuing the technical standard, and other related contents to the establishment and issuance of the technical standard.

Example: the preface is presented according to the provisions in Appendix V attached hereto.

3. At the top of each content page of the technical standard (except for page 3), print the full code of the technical standard at the right side of the page for odd-numbered pages and at the left side of the page for even-numbered pages. The font style of the code is uppercase, bold, using the Arial font, size 12 of the Vietnamese character set (Unicode Vietnamese font).

4. Principles for numbering items in the content of technical standards shall be implemented according to the corresponding provisions in Decree No. 30/2020/NĐ-CP dated March 5, 2020 of the Government on archival work.

a) Depending on the complexity of the management object, the content of technical regulations, the basic structure of technical standards is arranged as follows:

a1) Part, Chapter, Section, Article, Point, Paragraph, Appendix; or

a2) Part, Article, Point, Paragraph.

b) Parts, Chapters, Sections, Articles, Appendices in technical standards must have titles. Titles are phrases indicating the main content of parts, chapters, sections, articles, appendices.

Example of the layout and numbering of technical standards:

5. Format of technical standards

a) The paper size of technical standards is A4 (210 mm x 297 mm), with allowable dimensional tolerance of ± 0.5 mm.

b) The content part (text) of technical standards is presented in regular typeface, using the Arial font, size from 12 to 14 of the Vietnamese character set (Unicode Vietnamese font); when starting a new line, the first character may be indented from 1 cm to 1.27 cm (1 default tab); the minimum space between paragraphs is 6 pt; the minimum line spacing is single line spacing or from 15 pt (exactly line spacing) upwards.

c) The page numbers of technical standards are counted from the cover page to the last page of the technical standard. The page numbers of technical standards are printed at the center of the bottom of each page of the technical standard, except for the cover page.

d) The symbol and number of the technical standard are printed at the outer corner of the open side of each page of the technical standard.

6. When presenting the content of technical standards, refer to the guidelines specified in the national standard TCVN 1-2.

Chapter VI
ANNOUNCEMENT, DISSEMINATION, REGISTRATION, PUBLICATION, DISTRIBUTION OF TECHNICAL STANDARDS

Article 14. Notification, dissemination, registration, publication, and distribution of technical standards

1. Activities related to notification, dissemination, registration, publication, and distribution of technical standards shall be carried out in accordance with the provisions of Article 36 of the Law on Standards and Technical Regulations 2006.

2. Ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees under the central government that issue technical standards shall be responsible for notifying the issuance, amendment, supplementation, replacement, or revocation of technical standards on the Official Gazette, on the official electronic portal, or in official magazines and publications within thirty days from the date of issuance, amendment, supplementation, replacement, or revocation of the technical standards.

3. Ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees under the central government that issue technical standards shall be responsible for developing plans to implement the dissemination and guidance on the application of technical standards.

Dissemination and guidance on the application of technical standards shall be implemented immediately after the issuance of the technical standards for relevant agencies, organizations, and individuals through training courses, conferences, seminars, and other appropriate forms.

4. The procedures for registering issued technical standards shall be carried out in accordance with the provisions of Article 13 of Decree No. 127/2007/NĐ-CP.

5. Ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees under the central government that issue technical standards shall organize the publication and distribution of technical standards within thirty days from the date of issuance of the technical standards.

Chapter VII
IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Science and Technology

1. Take the lead and coordinate with ministries and ministerial-level agencies to organize the development of plans for issuing QCVNs; review, amend, supplement, replace, or revoke QCVNs.

2. Organize the development, examination, and issuance of QCVNs within their areas of state management as assigned by the Government.

3. Organize the examination of QCVNs developed by ministries and ministerial-level agencies.

4. The Standardization, Metrology, and Quality Control General Department under the Ministry of Science and Technology is the agency assisting the Minister of Science and Technology in coordinating with ministries, sectors, and localities to implement the dissemination, guidance on the application of QCVNs and QCĐPs, and periodically print and distribute the list of QCVNs and QCĐPs based on the official registration of ministries, sectors, and localities.

Article 16. Responsibilities of ministries and ministerial-level agencies

1. Annually, ministries and ministerial-level agencies shall compile and notify the updated list of QCVNs issued by themselves to the Ministry of Science and Technology for updating and supplementing into the database of technical standards.

2. Proactively implement activities related to information dissemination, propaganda, training, dissemination, guidance on application, and other related activities to ensure the implementation of QCVNs.

3. Within the scope of their assigned fields, ministries and ministerial-level agencies shall be responsible for organizing the implementation of the development, examination, and issuance of technical standards in compliance with this Circular and related legal regulations. When necessary, they may provide detailed guidance or supplement specific contents regarding the development and application of technical standards to suit the characteristics of their respective ministries or ministerial-level agencies.

Article 17. Responsibilities of provincial and municipal People's Committees under the central government

1. Annually, provincial and municipal People's Committees under the central government shall compile and notify the updated list of QCĐPs issued by themselves to the Ministry of Science and Technology for updating and supplementing into the database of technical standards.

2. Proactively implement activities related to propaganda, dissemination, guidance on application, and other related activities to ensure the implementation of QCĐPs at the local level.

3. Within the scope of their assigned fields, provincial and municipal People's Committees under the central government shall be responsible for organizing the implementation of the development, examination, and issuance of technical standards in compliance with this Circular and related legal regulations at the local level they manage.

Article 18. Responsibilities of organizations and individuals in charge of, or participating in, the development of technical standards

1. Study thoroughly the contents and requirements of issued technical standards to implement correctly all provisions stipulated in the technical standards.

2. Timely reflect any inappropriate contents discovered during the application of technical standards to the agency issuing the technical standards for review, amendment, and supplementation.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Circular takes effect from August 1, 2020.

2. The following Circulars cease to be effective from the date this Circular takes effect:

a) Circular No. 23/2007/TT-BKHCN dated September 28, 2007, of the Minister of Science and Technology guiding the development, examination, and issuance of technical standards (hereinafter referred to as Circular No. 23/2007/TT-BKHCN);

b) Circular No. 30/2011/TT-BKHCN dated November 15, 2011, of the Minister of Science and Technology amending and supplementing certain provisions of Circular No. 23/2007/TT-BKHCN dated September 28, 2007, of the Minister of Science and Technology on guiding the development, examination, and issuance of technical standards (hereinafter referred to as Circular No. 30/2011/TT-BKHCN).

Article 20. Transitional Provisions

Projects to develop QCVN under the 2019 Construction Plan that have been approved continue to be implemented according to the provisions of Circular No. 23/2007/TT-BKHCN and Circular No. 30/2011/TT-BKHCN.

Article 21. Responsibility for Implementation

1. In case issues arise or difficulties occur during implementation, organizations and individuals shall promptly report in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements.

2. The Minister, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for organizing the implementation of this Circular./.