Decision No. 30/2006/QĐ-BGTVT on the application of new materials and technologies in the construction of transportation works in Vietnam

 DECISION

Provisions on the application of new materials and new technologies

in the construction of transportation works in Vietnam

___________________

 MINISTER OF TRANSPORT

Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003 of the National Assembly, Session 4, Term XI;

Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the Government Decree No. 179/2004/NĐ-CP dated October 21, 2004 stipulating state management over product and commodity quality;

Pursuant to the Government Decree No. 11/2005/NĐ-CP dated February 2, 2005 detailing the transfer of technology (amended);

At the proposal of the Director of the Science and Technology Department.

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This document stipulates the conditions, principles, procedures, and authority for approving the application of new materials and new technologies in the construction of transportation works within the territory of Vietnam using any source of capital.

Article 2. This document applies to domestic and foreign organizations and individuals related to the application of new materials and new technologies in the construction of transportation works within the territory of Vietnam.

Article 2. Explanation of terms:

1. New materials are types of raw materials, additives, chemicals, prefabricated components... first applied in the construction of transportation works in Vietnam that have not been mentioned in current Vietnamese technical standards or specifications, or differ from the technical requirements specified in Vietnamese standards, or have not been mentioned in the technical standards and specifications of other countries or international standardization organizations according to the Regulation on the Application of Foreign Construction Standards in Construction Activities in Vietnam issued together with Decision No. 09/2005/QĐ-BXD dated April 7, 2005 of the Ministry of Construction.

2. New technologies are technological secrets, knowledge in the form of technological schemes, technical solutions, technological processes, preliminary design and technical design documents, computer software accompanied or not accompanied by machinery and equipment containing new elements compared to existing technologies or those never applied in Vietnam, capable of bringing about technical, quality, progress, cost-effectiveness benefits in the construction of transportation works in Vietnam.

3. Transportation works include road works; railway works; inland waterway works; bridges; tunnels; airports.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

New materials and new technologies may only be applied to transportation works upon approval by the Minister of Transport.

Article 4. Conditions for application

Organizations and individuals have the right to apply new materials and new technologies when they meet all of the following conditions:

1. The organization or individual is the legitimate owner of the new materials and new technologies or has been transferred the right to use them by the legitimate owner.

2. The new materials and new technologies do not violate the provisions of Article 5 of this Decision.

Article 5. Materials and technologies that cannot be applied

1. Materials and technologies that do not meet the requirements set forth in the relevant laws of Vietnam on labor safety, occupational health, human health, and environmental protection.

2. Materials and technologies that contravene the provisions of Vietnamese Construction Technical Regulations or do not satisfy the requirements of standards compulsorily promulgated by the Ministry of Transport or relevant ministries and agencies.

3. Materials and technologies that have adverse effects and cause negative consequences on Vietnamese culture, national defense, security, social order, and public safety.

4. Materials and technologies that do not bring about technical, economic, or social benefits.

5. Materials and technologies serving the fields of security and national defense without permission from competent state authorities.

Article 6. Authority to Approve Application

The Department of Science and Technology shall be responsible for examining the application dossier for new materials and technologies, organizing the assessment of the effectiveness of such new materials and technologies, advising the Minister of Transport to decide on the approval for pilot implementation and widespread application when the requirements set out in Articles 4 and 5 are satisfied.

Chapter II

PROVISIONS RELATED TO THE APPLICATION OF NEW MATERIALS

Article 7. Classification of New Materials:

1. New materials that are products but not yet complete, which are not recorded in the standards or construction procedures of the country of origin but have technical specifications approved for use as products by the country of origin.

2. New materials in the testing phase.

Article 8. Application Dossier for New Materials

Organizations or individuals with new materials wishing to apply them in transportation construction projects must prepare and submit a dossier to the Ministry of Transport (through the Department of Science and Technology) including the following documents and certificates:

1. Application form for registration of new material application.

2. Document confirming legal ownership of the new material or the right to transfer the use of the new material.

3. Product quality certificate and document permitting use in transportation works issued by the competent authority of the country producing the new material.

4. Standards, technical requirements, construction technology, and acceptance criteria.

5. Environmental impact assessment certificate for new materials issued by the competent authority.

Article 9. Procedures and Formalities for Applying New Materials

Conduct laboratory and field tests to evaluate the effectiveness of new materials. The testing process shall be carried out in the following steps:

1. The Department of Science and Technology serves as the advisory body of the Ministry during the examination and evaluation of the effectiveness of applying new materials, selecting and assigning tasks to units with testing functions, coordinating with organizations or individuals possessing new materials to develop test plans both in laboratories and in the field. Field testing shall only be conducted if laboratory testing results meet the prescribed criteria.

2. Based on reports from laboratory and field testing units and the evaluation results of the Ministry-level Science and Technology Council (established by the Ministry of Transport), the Department of Science and Technology shall advise the Ministry of Transport to make a formal decision regarding the application of new materials.

3. Costs associated with the evaluation procedures shall be borne by the organizations or individuals possessing new materials. In cases where the receiving unit or organization bears part or all of the costs, it must obtain approval from the competent authority (except for organizations or individuals not using state budget funds).

Chapter III

PROVISIONS RELATED TO THE APPLICATION OF NEW TECHNOLOGIES

Article 10. Application Dossier for New Technologies

Organizations or individuals with new technologies wishing to apply them in transportation construction projects must prepare and submit a dossier to the Ministry of Transport (through the Department of Science and Technology) including the following documents and certificates:

1. Application form for registration of new technology application.

2. Agreement (or signed contract) between the transferring party and the receiving party.

3. Summary of the content of the transferred new technology.

4. Confirmation documents:

- Legal status of participating parties

- Legal status of representatives of participating parties

- Industrial property protection documents in Vietnam or certificates issued by authorized organizations.

Article 11. Procedures for applying new technology

1. The Science and Technology Department shall be responsible for reviewing the agreement document (or signed contract) between the transferring party and the receiving party; the content of the new technology being transferred. During the review process, opinions may be sought from evaluation organizations, inspection bodies, specialized agencies, experts in relevant fields, or the opinion of the Ministry-level Science and Technology Council (established by the Ministry of Transport).

2. Evaluation organizations, inspection bodies, and agencies whose opinions are solicited shall be responsible for providing honest, objective comments and ensuring the confidentiality of related information.

3. In cases where necessary, testing of new technology can be conducted in laboratories and on-site. Testing must comply with the test plan approved by the competent authority.

4. Based on the opinions of relevant agencies and units, laboratory testing results, and field testing results, the Science and Technology Department shall draft a document to submit to the Minister for signing a decision allowing the pilot application of new technology in transportation construction projects. When all necessary conditions are met, it may be permitted to develop standards for widespread dissemination of this technology.

5. Costs for conducting evaluation procedures shall be borne by the entity or individual with the new technology. If the entity or organization receiving the new technology bears part or all of the costs, such action must be approved by the competent authority (except for entities and organizations not using state budget funds).

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Handling Violations

Violations in the areas of transferring and applying new materials and technologies shall be handled according to the provisions of Chapter VIII on penalties for violations of laws concerning product quality in Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government on state management of product quality and other current relevant regulations of Vietnamese law.

Article 13. Effective Date

1. This Decision shall take effect fifteen days after its publication in the Official Gazette. Any previous relevant provisions that conflict with this Decision shall be abolished.

2. The Director of the Office, the Head of the Science and Technology Department, the Director of the Institute of Science and Technology for Transportation, the Heads of Departments under the Ministry, the General Directors of Project Management Boards under the Ministry, the Directors of Provincial Departments of Transport (Public Works and Services); the General Directors and Directors of Companies under the Ministry, and the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Decision./.