Circular No. 38/2009/TT-BNNPTNT guiding activities in the field of technical standards under the Ministry of Agriculture and Rural Development

CIRCULAR

Guidelines for activities in the field of technical standards under the Ministry of Agriculture and Rural Development

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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

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

Pursuant to Circular No. 23/2007/TT-BKHCN dated September 28, 2007 of the Ministry of Science and Technology guiding the development, review, and issuance of technical regulations;

The Ministry of Agriculture and Rural Development guides activities in the field of technical regulations as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This circular guides the establishment of planning, construction, review, issuance; review, amendment, supplementation, replacement, revocation; presentation and expression of content; notification, dissemination, registration, publication, distribution of technical regulations and the responsibilities of agencies, organizations, and individuals engaged in national technical regulation activities under the Ministry of Agriculture and Rural Development.

Article 2. Applicability

1. This circular applies to departments, bureaus, organizations, and individuals related to the implementation of national technical regulations and local technical regulations within the scope of management of the Ministry of Agriculture and Rural Development.

2. In cases where international conventions/treaties to which the Socialist Republic of Vietnam is a member have different provisions from those set out in this circular, the provisions of such international conventions/treaties shall be applied.

Article 3. Explanation of Terms

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

National technical standards in the fields of agriculture and rural development are technical standards that specify the limits of technical characteristics and management requirements that products, goods, services, processes, environments, and other objects in economic and social activities must comply with to ensure safety, hygiene, health of people; protect animals, plants, the environment; protect national interests and consumer rights and other essential requirements issued by the Minister of Agriculture and Rural Development for mandatory application throughout the country.

Article 4. Scope of National Technical Standards

1. Production, processing, harvesting, storage, transportation of agricultural and forestry products, salt, livestock slaughter;

2. Plant and animal breeding;

3. Agricultural and forestry materials, fertilizers, animal feed;

4. Plant protection, veterinary medicine, plant and animal quarantine;

5. Water conservancy works, dike systems;

6. Services in the field of agriculture and rural development;

7. Safety and hygiene of aquatic products, exported seafood, aquaculture feed, veterinary drugs for aquatic animals, chemicals, biological preparations used in aquaculture, aquatic animal breeding;

8. Safety and hygiene during production from cultivation, harvesting, processing, storage, transportation of aquatic products;

9. Fishing gear, equipment requiring strict safety requirements in the aquaculture industry;

10. Services in the field of aquaculture;

11. In cases where it is necessary to develop inter-sectoral national technical standards, the Ministry of Agriculture and Rural Development shall send a document to the Ministry of Science and Technology for consideration and decision.

Article 5. Basic Principles for Activities in the Field of National Technical Regulations

1. National technical regulations must ensure the enhancement of quality and efficiency in economic and social activities, improve the competitiveness of products, goods, and services in domestic and international markets.

2. National technical regulations must meet requirements for national security, safety, hygiene, health, rights, and legitimate interests of relevant parties, protection of animals, plants, the environment, and rational use of natural resources.

3. Activities in the field of national technical regulations must ensure transparency, non-discrimination, and not hinder production, business, and trade activities.

4. The development of national technical regulations must:

a) Be based on scientific and technological progress, practical experience, current needs, and trends in economic and social development;

b) National technical regulations shall be developed based on one or more of the following grounds: National standards; International standards, regional standards, foreign standards; Scientific and technological research results, technological advancements; Evaluation, testing, inspection, and certification results, except where such standards are not suitable for Vietnam's geographical, climatic, technical, or technological characteristics or affect national interests;

c) Prioritize provisions regarding product performance requirements; limit prescriptive or detailed design requirements;

d) Ensure the consistency of the national standard system and the national technical regulation system.

Article 6. Cooperation in National Technical Regulation Activities

Encourage domestic and foreign organizations and individuals, associations to participate in developing, promoting, and applying national technical regulations; invest in developing activities in the field of national technical regulations; train knowledge, skills, and expertise on national technical regulations under the Ministry of Agriculture and Rural Development.

Article 7. Prohibited Acts

1. Exploiting activities in the field of national technical regulations to obstruct, cause inconvenience, or harass production, business, and trade activities of organizations and individuals.

2. Providing false information, advertising, and other fraudulent acts in national technical regulation activities.

3. Exploiting activities in the field of national technical regulations to harm national interests, defense, security, public order, social safety, the environment, and public health.

Article 8. Symbol of National Technical Regulations Issued by the Ministry of Agriculture and Rural Development

As follows: QCVN xx-zz : yyyy/BNNPTNT, including:

1. The number and year of issuance of the national technical regulation are separated by a colon and placed after the QCVN symbol;

2. The abbreviation of the Ministry of Agriculture and Rural Development: BNNPTNT is placed after the year of issuance (yyyy) of the national technical regulation and separated by a forward slash;

3. xx-zz is the technical regulation code, wherein:

xx is the code according to the sector: 01 is the agriculture sector;

02 is the aquaculture sector;

03 is the forestry sector;

04 is the water resources sector;

zz is the specific technical regulation code.

Chapter II

DEVELOPMENT AND APPROVAL OF NATIONAL TECHNICAL REGULATION PLANS

Article 9. Requirements for planning the development of national technical standards

1. Planning the development of national technical standards must include directional goals, implementation timelines and solutions, expected results for each planning phase, and be consistent with the management requirements of the Ministry of Agriculture and Rural Development.

2. The content of planning the development of national technical standards must reflect systematic and synchronized aspects across relevant fields and objects that need to develop national technical standards. Objects within each field of national technical standards should be prioritized according to each planning phase.

3. The main content of planning the development of national technical standards is specified in Appendix I attached to this Circular.

Article 10. Establishing planning for the development of national technical standards

1. Based on conditions and management requirements, the Departments shall organize the establishment, amendment, and supplementation of planning for the development of national technical standards in their assigned fields of management, and publicly announce on the Department's electronic information website for thirty days to widely solicit opinions before submitting to the Science, Technology and Environment Department.

2. The Science, Technology and Environment Department shall compile the planning for the development of national technical standards from the Departments, submit to the Minister of Agriculture and Rural Development for approval in accordance with regulations.

3. The Ministry of Agriculture and Rural Development shall approve the planning for the development of national technical standards, publicly announce on the Ministry's electronic information website within thirty days from the date of approval, and send to the Ministry of Science and Technology.

Article 11. Adjusting planning for the development of national technical standards

In necessary cases, the Departments shall propose adjustments to the planning for the development of national technical standards, the Science, Technology and Environment Department shall compile and submit to the Minister of Agriculture and Rural Development for approval in accordance with the procedures stipulated in Article 10 of Chapter II of this Circular.

Chapter III

ESTABLISHING AND APPROVING THE FIVE-YEAR AND ANNUAL PLANS FOR DEVELOPING NATIONAL TECHNICAL STANDARDS

Article 12. Requirements for the plan for developing national technical standards

1. Consistent with the approved planning for the development of national technical standards.

2. Meeting management requirements, consistent with the five-year and annual socio-economic development plans, and the conditions of scientific and technological development in the agricultural and rural development sector in Vietnam.

Article 13. Organizing the establishment and approval of the five-year and annual plans for developing national technical standards

1. The Departments shall organize the establishment of the five-year and annual plans for developing national technical standards, and send draft plans to the Science, Technology and Environment Department.

2. The Science, Technology and Environment Department shall compile the five-year and annual plans for developing national technical standards from the Departments, submit to the Minister of Agriculture and Rural Development for approval and public announcement on the electronic information website within thirty days from the date of approval, and send to the Ministry of Science and Technology.

Article 14. Five-year plan for developing national technical standards

The establishment and approval of the five-year plan for developing national technical standards by the Ministry of Agriculture and Rural Development is regulated as follows:

1. Drafting the five-year plan:

In the second quarter of the year preceding the start of the five-year plan, based on management requirements and the approved planning for the development of national technical standards (if any), the Departments shall organize the drafting of the five-year plan for developing national technical standards in their assigned fields of management, accompanied by explanatory notes, and send them to relevant agencies, organizations, and individuals, while simultaneously announcing on the Department's and Ministry's websites or publications to solicit opinions. The period for soliciting opinions on the draft plan shall be at least sixty days from the date of sending the draft.

The leading Department shall consolidate and process the opinions received to finalize the draft five-year plan for developing national technical standards in its assigned field of management and send it to the Science, Technology and Environment Department.

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

2. Approving the five-year plan

The Science, Technology and Environment Department shall be responsible for compiling, coordinating with the General Bureau of Standards, Metrology and Quality Control under the Ministry of Science and Technology to review the five-year plan and submit it for approval by the Ministry; notify relevant agencies and organizations and publicly announce on the Ministry's website or publications within thirty days from the date of approval.

3. Amending and supplementing the five-year plan

Based on proposals from relevant agencies, organizations, and individuals and management requirements, the Departments shall be responsible for reviewing and submitting for approval by the Ministry to amend and supplement the five-year plan for developing national technical standards, and then publicly announce the decision to amend and supplement within thirty days from the date of approval.

Article 15. Annual Plan for Developing National Technical Regulations

The contents of the annual plan for developing national technical regulations include: the names of national technical standards to be developed arranged by specialty and technical regulation fields; types of technical standards, names of organizations drafting the draft; time frame for implementation; estimated budget and funding sources; planned dissemination and guidance on applying technical standards.

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

1. Drafting the annual plan:

a) In the second quarter of each year, based on the five-year plan, management requirements, results of reviews necessitating amendments, supplements, and replacements, and proposals from organizations and individuals, the Bureau proposes the next year's plan in writing, prioritized, along with the construction project of each national technical standard to the Department of Science, Technology and Environment for consolidation;

The annual plan for developing national technical standards shall be implemented according to the provisions set forth in Section 3 of Appendix II attached hereto;

The construction project of national technical standards shall be drafted according to the model prescribed in Appendix III attached hereto;

b) The Bureau drafts the annual plan for the following year based on reviewing the construction projects of national technical standards with the participation of relevant agencies and organizations.

2. Soliciting opinions and finalizing the draft annual plan:

a) The Bureau sends the draft plan to relevant organizations and individuals to solicit opinions, while simultaneously announcing the solicitation process on its website or magazine/publication, with a minimum duration of 30 days from the date of sending the draft.

b) The Bureau consolidates and processes the feedback to finalize the draft annual plan and submits it to the Department of Science, Technology and Environment.

3. Approving the annual plan:

The Department of Science, Technology and Environment consolidates and submits the annual plan for developing national technical standards to the Ministry for approval in the third quarter of the preceding year, concurrently with the approval of the Ministry of Agriculture and Rural Development’s science and technology plan. It notifies relevant agencies and organizations, the National Standards Body Office (hereinafter referred to as the Vietnam Standards Body Office), and publishes on the Ministry’s website or magazine/publication within 30 days from the date of approval, in accordance with regulations.

4. Implementing the annual plan:

a) The Bureau leads and coordinates with relevant agencies to implement the approved plan;

b) Regularly every six months or at any time upon request, the Bureaus report to the Department of Science, Technology and Environment for consolidation and reporting to the Minister, and simultaneously report to the Ministry of Science and Technology on the implementation status and results.

5. Adjusting and supplementing the annual plan:

a) Proposals for adjusting and supplementing the annual plan must be made before July 1st of the planning year. The procedures and formalities for adjusting and supplementing the plan follow the provisions of Clause 1 and 2 of this Article.

b) In cases of urgent state management requirements, adjustments and supplements to the annual plan shall be made according to the decision of the Minister of Agriculture and Rural Development.

Chapter IV

 CONSTRUCTION, REVIEW AND ISSUANCE OF NATIONAL TECHNICAL REGULATIONS

Article 16. The procedures for drafting, reviewing, and promulgating national technical standards are stipulated as follows:

1. Step 1: Establishing the Drafting Board

Depending on specific conditions, the Directorate shall establish the Drafting Board or designate an agency or organization within its management scope assigned by the Ministry (hereinafter referred to collectively as the Drafting Board) to draft the national technical standard project.

2. Step 2: Compiling the Draft National Technical Standard

The Drafting Board shall perform the following tasks:

a) Preparing for drafting the draft:

- Collecting, compiling, and evaluating the implementation status of current regulatory legal documents related to the national technical standard project;

- Surveying and assessing the current state of administrative management related to the objects and main contents of the national technical standard project (if necessary);

- Organizing research on information and materials related to the national technical standard project;

- Approving the detailed implementation outline of the national technical standard project along with the framework content of the national technical standard draft as prescribed in Clause 1, Article 29 of this Circular;

- Other related tasks.

b) Implementing the compilation of the national technical standard draft:

- Compiling the draft based on the approved framework content and writing an explanatory note for the draft;

- Organizing meetings, seminars, and soliciting opinions from experts and relevant parties regarding the national technical standard draft;

- Studying, adopting opinions, revising the draft, and posting it on the electronic bulletin board for broad public comments.

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

a) Sending the draft national technical standard along with the explanatory note to relevant agencies, organizations, and individuals for comments, and sending to the Departmental Technical Barrier Trade (TBT) Office to determine the necessity of notifying the WTO, while also announcing on the Directorate's and the Ministry of Agriculture and Rural Development's websites or magazines;

The period for soliciting comments on the draft must be at least 60 days from the date of sending the draft. In cases of urgency related to health, safety, and the environment, the comment period may be shortened according to the decision of the Minister of Agriculture and Rural Development.

b) Based on the comments received, the Drafting Board processes, adopts, finalizes the draft, and prepares the draft national standard file as prescribed in Clause 5 of this Article;

c) The Directorate organizes the acceptance of the national technical standard project and sends the file to the Department of Science, Technology, and Environment for review;

d) The Department of Science, Technology, and Environment reviews, submits to the Ministry, and transfers the draft national technical standard file to the Ministry of Science and Technology (General Bureau of Standards, Metrology, and Quality) for examination;

4. Step 4: Issuing the National Technical Standard

For the draft national technical standard (including inter-sectoral national technical standards) issued by the Ministry of Agriculture and Rural Development, the following applies:

a) In case of agreement with the examination opinion of the Ministry of Science and Technology, the Directorate completes the draft, coordinates with the Department of Science, Technology, and Environment to submit to the Minister of Agriculture and Rural Development for a decision to issue the national technical standard within 30 days from the date of receipt of the examination opinion;

b) In case of disagreement with the examination opinion of the Ministry of Science and Technology, the Directorate, in coordination with the Department of Science, Technology, and Environment, prepares a report to the Ministry for submission to the Prime Minister for consideration and decision;

c) The Department of Science, Technology, and Environment manages and assigns codes for national technical standards under the management of the Ministry of Agriculture and Rural Development;

5. File of the Draft National Technical Standard

a) The file of the draft national technical standard includes:

- Decision assigning the task of drafting the national technical standard draft to the agency or organization along with the approved national technical standard project;

- Report on the process of drafting the national technical standard draft by the agency or organization responsible for drafting the national technical standard draft;

- Completed draft national technical standard after receiving the examination opinion (including both the draft document and the electronic version), along with the explanatory note; copies of original documents used as the basis for drafting the national technical standard draft and other reference materials;

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

- Letter requesting acceptance, review, and examination;

- Report on the results of examining the draft national technical standard by the Ministry of Science and Technology;

- Document adopting the examination opinion of the Ministry of Science and Technology for the draft national technical standard;

b) The Directorate and the drafting agency are responsible for establishing, managing, and storing the file of the draft national technical standard.

Article 17. Review of planning, construction plans, and local standards

1. When the People's Committee of a province or centrally governed city sends a document requesting the Ministry of Agriculture and Rural Development to provide comments on planning, construction plans, and contents of local standards within the scope of the Ministry’s state management, then according to their functions and tasks, the Departments shall be responsible for reviewing and submitting a signed document from the Minister in response.

2. When other Ministries, sectors, and localities send documents requesting the Ministry of Agriculture and Rural Development to provide opinions on planning, construction plans, and contents of local standards outside the scope of the Ministry’s state management, then according to their functions and tasks, the Departments shall be responsible for providing opinions and submitting a signed document from the Minister in response.

Chapter V

INSPECTION, AMENDMENT, SUPPLEMENTATION, REPLACEMENT, AND REVOCATION OF NATIONAL TECHNICAL STANDARDS

Article 18. Periodic inspection of national technical standards must be included in the annual plan for developing national technical standards.

2. The Departments organize the examination, amendment, supplementation, and replacement of national technical standards according to the procedures and formalities stipulated in Article 16 of this Circular.

Article 19. Amendment, supplementation, and replacement of national technical standards

1. The amendment, supplementation, and replacement of national technical standards must be included in the annual plan for developing national technical standards.

2. The Departments organize the examination, amendment, supplementation, and replacement of national technical standards according to the procedures and formalities stipulated in Article 16 of this Circular.

Article 20. Revocation of national technical standards

1. The revocation of national technical standards is carried out based on the results of inspections conducted by specialized management Departments.

a) The Department prepares the file for revoking national technical standards and submits it to the Science, Technology, and Environment Department for submission to the Ministry of Science and Technology for review;

The Department takes the lead and collaborates with the Science, Technology, and Environment Department to submit to the Ministry of Agriculture and Rural Development for a decision to revoke national technical standards after receiving the review opinion of the Ministry of Science and Technology.

b) The file for revoking national technical standards includes:

- The national technical standard proposed for revocation;

- An explanatory statement (reasons, legal basis, scientific basis);

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

- Results of periodic inspections and recommendations;

- A document proposing the revocation of national technical standards;

- The review opinion of the Ministry of Science and Technology;

- Other related documents (if any).

2. In cases where there is an urgent need for state management, the Minister of Agriculture and Rural Development decides to amend, supplement, replace, or revoke national technical standards through shortened procedures and processes while ensuring feasibility, scientific basis, and necessary funding for implementation.

Article 21. Opinion on revoking national technical standards

1. When the People's Committee of a province or centrally governed city sends a document requesting the Ministry of Agriculture and Rural Development to provide comments on revoking local standards within the scope of the Ministry’s state management, then according to their functions and tasks, the Departments shall be responsible for reviewing and submitting a signed document from the Minister in response.

2. When other Ministries, sectors, and localities send documents requesting the Ministry of Agriculture and Rural Development to provide opinions on revoking local standards outside the scope of the Ministry’s state management, then according to their functions and tasks, the Departments shall be responsible for providing opinions and submitting a signed document from the Minister in response.

Chapter VI

PRESENTATION AND REPRESENTATION OF CONTENTS OF NATIONAL TECHNICAL STANDARDS

Article 22. Structure of National Technical Regulations

The structure of national technical regulations includes the following main parts:

1. General Provisions Section

- Scope of Regulation;

- Objects of Application;

- Explanation of Terms (if any).

2. Technical Provisions Section

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

The technical requirements specified must be assessable using existing methods and means both domestically and internationally.

3. Management Provisions Section

This section specifically reflects appropriate management methods for the objects of technical regulations as follows:

- Provisions on conformity certification (specifying the method of conformity assessment chosen according to the regulations of the Ministry of Agriculture and Rural Development and related regulations);

- Provisions on conformity declaration (specifying the basis for conformity declaration as the result of certification organization's evaluation, testing laboratory designated or recognized, or the self-evaluation result of the organization making the declaration);

- Inspection methods;

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

- Testing methods, sampling methods;

- Other suitable contents.

4. Other Related Management Provisions (special conditions related to usage, operation, etc., of the objects of technical regulations and other requirements)

5. Provisions on Supervision and Handling According to Current Laws

6. Responsibilities of Organizations and Individuals

7. Implementation Organization Provisions

8. Appendices (if any).

Depending on the objects of national technical regulations and management requirements, the content of national technical regulations may include all the above items, reduce or supplement as appropriate.

Article 23. Presentation of National Technical Regulations

The presentation of national technical regulations must ensure systematicity, legal effectiveness, and not contradict relevant legal documents. The language of national technical regulations must be consistent, accurate, and understandable; expressions must be simple and clear. Specialized terms need to be clearly defined and should be defined in the document.

1. Cover Page of National Technical Regulations

National technical regulations must have a front cover page and a back cover page.

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

- The Emblem of the Socialist Republic of Vietnam as prescribed by laws on emblems;

- The phrase "Socialist Republic of Vietnam";

- The full code of national technical regulations as stipulated in Item 9, Part I of this Circular;

- The phrase "National Technical Regulation";

- The name of the national technical regulation;

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

- Place and year of issuance of the national technical regulation.

Abbreviation of the Ministry of Agriculture and Rural Development: BNNPTNT.

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

2. Header of Content Pages (excluding page 3) of National Technical Regulations prints the full code of national technical regulations at the right side of odd-numbered pages and the left side of even-numbered pages. The font style of the code is uppercase, bold Arial font, size 12 of Vietnamese character set (Unicode Vietnamese font).

3. The numbering principle of the sections of national technical regulations is implemented according to the corresponding provisions in Joint Circular No. 55/2005/TTLT-BNV-VPCP dated May 6, 2005, guiding the format and presentation techniques of documents issued by the Ministry of Home Affairs and the Government Office.

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

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

6. The page numbering of national technical regulations starts from the front cover page to the last page of the regulation. The page number of national technical regulations is printed at the center of the bottom part of each page of the national technical regulation, except for the cover page.

7. The code and number of national technical regulations are printed at the outer corner of the opening side of each page of the national technical regulation.

8. When presenting the content of national technical regulations, refer to the guidelines provided in the national standard TCVN 1-2:2008.

Chapter VII

ANNOUNCEMENT, DISSEMINATION, REGISTRATION, PUBLICATION, DISTRIBUTION OF NATIONAL TECHNICAL REGULATIONS

Article 24. Registration of National Technical Regulations

1. The Departments shall be responsible for registering national technical regulations with the Ministry of Science and Technology within fifteen days from the date of issuance of the national technical regulations. The registration form of the national technical regulations shall be prepared according to the model prescribed in Appendix V attached to this Circular.

2. The registration dossier for national technical regulations includes:

- A letter of request accompanying the registration form of the national technical regulations in accordance with the guidance of the Ministry of Science and Technology;

- A copy of the national technical regulation;

- The decision on issuing the national technical regulation.

Article 25. Notification of Issuance, Amendment, Supplement, Replacement, and Revocation of National Technical Regulations

The Department shall notify the issuance, amendment, supplement, replacement, and revocation of national technical regulations on its electronic news site (website) or journal, publication of the Department and the Ministry within thirty days from the date of issuance of the national technical regulation.

Article 26. Dissemination and Guidance on Application of National Technical Regulations

The Department shall organize the implementation of plans to disseminate and guide the application of national technical regulations within its assigned management field.

The dissemination and guidance on the application of national technical regulations must be carried out immediately after the issuance of the technical regulations for relevant agencies, organizations, and individuals through training courses, conferences, seminars, and other appropriate forms.

Article 27. Publication and Distribution of National Technical Regulations

The Department of Science, Technology and Environment shall take the lead and coordinate with the Departments to implement plans for the publication and distribution of national technical regulations within thirty days from the date of issuance of the national technical regulation.

Chapter VIII

IMPLEMENTATION

Article 28. Assignment of Tasks

1. Sector Management Departments

a) Department of Quality Management of Forestry, Aquatic Products and Fisheries: General provisions on quality management of forestry, aquatic products and fisheries; safety, hygiene of aquatic products, imported and exported aquatic food products;

b) Department of Aquaculture: aquaculture; aquatic seedlings; feed, raw materials for feed production, additives, biological preparations, aquaculture environment, water quality for aquaculture; conditions for production, business, biological preparations used in aquaculture;

c) Department of Fishery Resource Exploitation and Protection: quality, safety technology, and environmental protection of fishing vessels, fish ports, anchorage areas for fishing vessels, and major fish markets; construction, repair of fishing vessels, production of safety equipment and mechanical equipment installed and used on fishing vessels, conservation, protection, and development of fishery resources;

d) Department of Processing, Trade of Forestry, Aquatic Products and Salt Industry: conditions of processing, preliminary processing, transportation, storage facilities for forestry, aquatic products, and salt; salt products; machinery and equipment in the industry, conditions ensuring quality, food safety of forestry and agricultural products and salt;

đ) Department of Crop Production: seeds, crop seeds, fertilizers, quality of crop products, crop production ensuring food safety, environment, and services during crop production;

e) Plant Protection Department: plant quarantine, plant protection, plant protection chemicals and raw materials, production and packaging of plant protection chemicals, preservatives for agricultural and forest products;

g) Animal Husbandry Department: livestock breeding seeds, animal feed and raw materials for animal feed, preservatives used in animal feed, biological preparations for animal husbandry; animal husbandry, specialized animal husbandry materials, environment in animal husbandry, conditions ensuring quality and food safety in animal husbandry;

h) Forestry Department: forest development, forest utilization, forestry planting seeds, forestry products, forestry goods;

i) Forest Protection Department: forest management and protection;

j) Veterinary Department: prevention and control of animal diseases, animal quarantine, veterinary drugs and raw materials, veterinary hygiene conditions; technical standards related to animal slaughter, animal product trade, sampling fresh food of animal origin for testing purposes;

k) Water Resources Department: exploitation, utilization, and protection of water conservancy works, drainage, water supply management in water conservancy works;

l) Construction Project Management Department: construction of water conservancy projects;

m) Dike and Flood Control Department: dike management, flood and storm prevention work;

2. Department of Science, Technology and Environment

To compile planning and programs of the Ministry, allocate funds, and review project proposals for standard and technical regulation development submitted to the Ministry of Science and Technology for approval;

3. Organizations and individuals have the responsibility to cooperate with sector management departments in planning and organizing the development of national technical standards.

Article 29. Responsibility for Implementation

1. Sector management departments under the Ministry of Agriculture and Rural Development within their respective duties and powers shall have the following responsibilities:

a) Develop and submit to the Ministry for approval the planning and programs of national technical regulations; be responsible for reviewing and approving outlines, budgets, and organizing the development and submission for issuance of national technical regulations within their assigned management fields;

b) Manage the development and issuance of local technical regulations;

c) Participate in international cooperation activities on national technical regulations;

d) Promote, disseminate, and organize guidance on the application of national technical regulations;

đ) Inspect and audit activities in the field of national technical regulations; handle violations in accordance with the law;

e) Resolve complaints and denunciations regarding activities in the field of national technical regulations in accordance with the law on complaints and denunciations;

2. The Department of Science, Technology and Environment shall be responsible for:

Compile and report the list of national technical regulations issued by the Ministry of Agriculture and Rural Development to the Ministry of Science and Technology;

Implement information, promotion, training, dissemination, guidance on application, and related activities to ensure the enforcement of national technical regulations;

The Department of Science, Technology and Environment shall be responsible for guiding the implementation of this Circular.

Article 30. Budget

1. The budget for implementing national technical regulation work includes: planning, program preparation, review, conversion, construction, examination, issuance, registration, publication, distribution, dissemination, inspection, and evaluation costs.

2. The budget for implementing national technical regulation work shall be allocated within the annual state budget estimate for scientific and technological activities and other activities of the Ministry of Agriculture and Rural Development; voluntary contributions from domestic organizations and individuals, and foreign organizations and individuals.

Chapter IX

IMPLEMENTING PROVISIONS

Article 31. Effective Date

This Circular takes effect 45 days from the date of signature. Previous provisions contrary to this Regulation are hereby abolished.

Article 32. Amendment and Supplement to the Regulation

During the implementation of this Circular, if there are any difficulties, agencies, organizations, and individuals shall promptly report to the Ministry of Agriculture and Rural Development for research and amendment and supplement./.