Circular No. 42/2021/TT-BCA on the activities of establishing national technical standards, national technical regulations, and basic standards within the People's Public Security Force

CIRCULAR

Regulations on the development of national standards, national technical regulations, and basic standards within

Standards and Technical Regulations in 2006; the People's Public Security Force

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Pursuant to the Law Technical Regulations and Standards 2006;

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 certain provisions of the Law on Standards and Technical Regulations;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Science, Strategy and History Bureau of the Ministry of Public Security;

The Minister of Public Security issues this Circular regulating the activities of developing national standards, national technical regulations, and basic standards within the Public Security Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the planning, drafting, reviewing; reviewing, supplementing, replacing, abolishing; announcing national standards, promulgating national technical regulations, and basic standards of the Ministry of Public Security.

2. This Circular applies to units and local public security agencies and organizations and individuals related to the activities specified in Clause 1 of this Article.

Article 2. Interpretation of Terms

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

National standards developed by the Ministry of Public Security (abbreviated as TCVN) are standards organized by the Ministry of Public Security for drafting, reviewed by the Ministry of Science and Technology, and announced.

2. National technical regulations developed by the Ministry of Public Security (abbreviated as QCVN) are technical regulations within the scope of sectors and fields assigned by the Government to the Ministry of Public Security to manage as provided in Point o, 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 in Clause 7, Article 1 of 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 (hereinafter referred to as Decree No. 78/2018/NĐ-CP).

3. Basic standards of the Ministry of Public Security (abbreviated as TCCS) are basic standards applicable to products, goods, and services used in the Public Security sector, organized by the Ministry of Public Security for drafting and promulgation to be compulsorily applied throughout the sector.

Article 3. Objects for Developing National Standards, National Technical Regulations, and Basic Standards

1. Technical equipment, technical operational means, weapons, ammunition, explosives, support tools, and other products used by the People's Public Security Forces that do not fall under state secrets.

2. Fire prevention and firefighting equipment and rescue equipment.

3. Safety and hygiene at work concerning the production, manufacture, repair, packaging, storage, transportation of technical equipment, technical operational means, weapons, ammunition, explosives, support tools, and other products used by the People's Public Security Forces that do not fall under state secrets; safety at work concerning fire prevention and firefighting machines and equipment with strict requirements for occupational safety.

4. Services in the field of security.

5. Objects in other fields according to management requirements at different periods as prescribed in relevant specialized laws and the functions, tasks, powers, and organizational structure of the Ministry of Public Security.

Article 4. Funding for the development of national standards, national technical regulations, and basic standards

The funding for the development of national standards, national technical regulations, and basic standards includes:

1. Scientific and technological affairs expenses allocated annually in the state budget for scientific and technological activities of the Ministry of Public Security.

2. Sponsorship and support funds from organizations and individuals.

Article 5. Format, presentation techniques, and forms for numbering in the development of national standards, national technical regulations, and basic standards

1. The format, presentation techniques, and forms for the development of TCVN and QCVN shall be carried out according to the guidelines of the Ministry of Science and Technology.

2. The format, presentation techniques, and forms for the development of TCCS shall be carried out according to the guidelines of the Ministry of Public Security.

3. The number of TCVN is assigned by the Ministry of Science and Technology, while the number of QCVN and TCCS is assigned by the Ministry of Public Security.

Article 6. Publication, distribution, and dissemination of national standards, national technical regulations, and basic standards

1. The Science, Strategy, and History Department of the Public Security leads the implementation of:

a) Publishing and distributing QCVN and TCCS issued by the Ministry of Public Security;

b) Publishing and distributing TCVN developed under the leadership of the Ministry of Public Security after reaching consensus with the National Standardization Agency under the Ministry of Science and Technology;

c) Cooperating with relevant agencies and organizations to disseminate QCVN, TCCS that have been issued, and TCVN developed under the leadership of the Ministry of Public Security, which have been announced by the Minister of Science and Technology.

2. After being published and issued, TCVN, QCVN, and TCCS are stored at the Science, Strategy, and History Department of the Public Security for management and guidance on their implementation and application by local public security units.

Chapter II

NATIONAL STANDARDS IN THE PUBLIC SECURITY FORCE

Article 7. Establishment and approval of five-year plans for developing national standards

Before March 30 of the final year of the five-year plan period, local public security units establish a five-year plan for developing TCVN and send it along with an explanatory note to the Science, Strategy, and History Department of the Public Security for consolidation, review, and reporting to the leadership of the Ministry of Public Security to submit to the Ministry of Science and Technology for consideration and approval.

Article 8. Procedures and formalities for approving, adjusting, and supplementing annual plans for developing national standards

1. The annual plan for developing TCVN of the Ministry of Public Security is implemented as follows:

a) Based on the approved five-year plan and the need for new development, modification, supplementation, and replacement of TCVN, before March 30 each year, local public security units submit registration for the next year's TCVN development plan along with an explanatory note about the project and related documentation to the Science, Strategy, and History Department of the Public Security for consolidation, review, and reporting to the leadership of the Ministry of Public Security;

The Director of the Science, Strategy, and History Department of the Public Security issues a decision to establish a Review Board pursuant to Article 21 of this Circular to review and advise on tasks before submitting to the leadership of the Ministry of Public Security for submission to the Ministry of Science and Technology for consideration and approval;

Content of the review: The necessity and suitability of the standard with scientific and technological progress and legal provisions; consistency and synchronization within the national standard system;

b) Based on the approved TCVN development plan by the Ministry of Science and Technology, the Director of the Science, Strategy, and History Department of the Public Security issues a decision to establish a Review Board pursuant to Article 21 of this Circular to review the detailed TCVN project and funding before submitting to the Minister of Public Security for issuance;

The review file includes: A letter requesting review of the TCVN project from the main unit responsible for the task, the TCVN project, copies of the documents used as the basis for compiling TCVN, and reference materials;

Content of the review: Reviewing the situation of standardization objects domestically and internationally, reasons and purposes for developing the standard, issues to be standardized, methods of implementation, and the budget for implementing the task.

2. Adjustment and supplementation of the annual TCVN development plan.

The main unit proposes adjustments and supplements to the annual TCVN development plan (before August 1 each year) and sends it to the Science, Strategy, and History Department of the Public Security for consolidation and submission to the leadership of the Ministry of Public Security to submit to the Ministry of Science and Technology (through the National Standardization Agency) for decision.

3. Based on the approved plan, the Science, Strategy, and History Department of the Public Security announces, guides, urges, and supervises the implementation of the annual plan.

Article 9. Procedures for drafting, reviewing, evaluating, and publishing national technical standards

Based on the plan for implementing the construction of National Technical Standards (TCVN) issued by the Minister of Public Security, the Director of the Science, Strategy, and History Bureau of Public Security approves the project after it has been reviewed according to Clause b, Article 8 of this Circular and signs a contract with the main drafting entity to carry out the task.

1. Establishment of the Drafting Board The main drafting entity decides to establish the TCVN Drafting Board.

2. Drafting the draft TCVN

a) The Drafting Board conducts an assessment of the current situation; collects technical documents, studies international standards, regional standards, foreign standards, and related scientific research results; takes samples for analysis, testing, trial operation, and application to determine the technical indicators, characteristics, and management requirements of the standard draft.

b) The Drafting Board compiles the draft and writes the explanatory notes for the draft TCVN.

3. Soliciting opinions and perfecting the draft

a) The main drafting entity sends the draft TCVN to solicit opinions from relevant agencies, organizations, individuals, and the corresponding TCVN technical committee through the head of the technical committee or the Technical Committee Secretary, and announces the solicitation of opinions on the Ministry of Public Security's electronic portal for the draft TCVN. The period for soliciting opinions for the draft TCVN is sixty days from the date the draft is posted on the electronic portal; in urgent cases related to health, safety, and the environment, the period for soliciting opinions may be shortened but not less than thirty days.

b) The main drafting entity organizes specialized conferences with the participation of relevant parties to discuss and provide comments on the draft.

c) The main drafting entity directs the Drafting Board to compile and process comments to perfect the draft TCVN; prepare the draft TCVN dossier in accordance with Clause 1, Article 5 of Decree No. 127/2007/ND-CP, amended and supplemented by Clause 4, Article 1 of Decree No. 78/2018/ND-CP, and send a letter to the Science, Strategy, and History Bureau of Public Security to establish an evaluation board under Article 21 of this Circular to review the draft TCVN dossier before reporting to the leadership of the Ministry of Public Security for decision to send to the Ministry of Science and Technology for evaluation.

4. Organizing the review of the draft TCVN dossier at the Ministry of Public Security

a) The Science, Strategy, and History Bureau of Public Security examines the draft TCVN dossier proposed for review by the main drafting entity.

In case the draft TCVN dossier proposed for review does not meet the requirements stipulated in Clause 1, Article 5 of Decree No. 127/2007/ND-CP, amended and supplemented by Clause 4, Article 1 of Decree No. 78/2018/ND-CP, the Science, Strategy, and History Bureau of Public Security issues a letter requesting the main agency to supplement and complete the dossier.

In case the draft TCVN dossier proposed for review meets the requirements stipulated in Clause 1, Article 5 of Decree No. 127/2007/ND-CP, amended and supplemented by Clause 4, Article 1 of Decree No. 78/2018/ND-CP, the Director of the Science, Strategy, and History Bureau of Public Security issues a decision to establish an Evaluation Board in accordance with Article 21 of this Circular to review the dossier and content of the draft TCVN.

The content of the review of the draft TCVN is carried out in accordance with Article 18 of the Law on Technical Standards and Regulations 2006.

b) The Evaluation Board sends the minutes of the review of the draft TCVN to the Science, Strategy, and History Bureau of Public Security for examination and announcement of the review results.

c) The main drafting entity and the Drafting Board of the draft TCVN are responsible for adopting and processing comments, perfecting the draft TCVN and related dossiers based on the review results and sending them back to the Science, Strategy, and History Bureau of Public Security within fifteen days from the date of the review meeting.

5. Evaluation and publication of TCVN at the Ministry of Science and Technology

a) The Science, Strategy, and History Bureau of Public Security leads the compilation of the draft TCVN dossier to be submitted for approval and signature by the leadership of the Ministry of Public Security to send to the Ministry of Science and Technology (through the General Department of Standardization, Metrology, and Quality) for evaluation and publication by Decision.

b) The procedures, timeframes for evaluation and publication of the draft TCVN are implemented in accordance with the regulations of the Ministry of Science and Technology.

Article 10. Periodic Review of National Standards

1. The leading unit shall organize the periodic review of TCVN every three years or sooner when necessary from the date of publication of the TCVN according to the assigned management field.

2. Steps for the periodic review of TCVN

a) The leading unit sends a document along with the list of current TCVN to local public security units, organizations, and individuals related to solicit review opinions;

b) Compile and process feedback opinions, establish a file of review results as the basis for annual TCVN construction plans;

c) Establish a file and report on the review results, accompanied by an explanation sent to the Public Security Science, Strategy, and History Department for consolidation and reporting.

3. The periodic review file of TCVN includes: the leading unit's submission regarding the review results and recommendations; a list of agencies, organizations, and individuals to whom the TCVN list was sent for review opinions; a summary of collected feedback opinions attached to the opinion document; review results to be included in plans for amending, supplementing, replacing, or abolishing TCVN; other relevant documents.

Article 11. Amending, Supplementing, and Replacing National Standards

1. The amendment, supplementation, and replacement of TCVN are carried out during the annual TCVN construction plan formulation process as stipulated in Clause 1 of Article 8 of this Circular.

2. The amendment, supplementation, and replacement of TCVN are carried out according to the procedures and formalities specified in Article 9 of this Circular.

3. The result of amending, supplementing, and replacing TCVN is the decision to publish the amended or supplemented version of TCVN or to publish a new TCVN to replace it.

Article 12. Abolishing National Standards

1. The leading unit establishes a file requesting the abolition of TCVN and submits it to the Public Security Science, Strategy, and History Department for consolidation, then forwards it to the Minister of Public Security to send to the Ministry of Science and Technology (through the National Standardization, Metrology, and Quality Control General Department) for examination and announcement of the abolition of TCVN.

2. The file requesting the abolition of TCVN includes: the request for abolition of TCVN; the TCVN to be abolished; an explanatory note (reasons, legal basis, scientific basis); opinions of ministries, sectors, organizations, and individuals related to the abolition of TCVN during the periodic review process; other relevant documents.

Chapter III

AMENDMENT 1:2025 QCVN 07:2023/BXD

Article 13. Establishing and Approving a Five-Year Plan for Building National Technical Regulations

Before March 30 of the final year of the five-year plan period, local public security units establish a plan for building QCVN for the next five years and submit it along with an explanatory note to the Public Security Science, Strategy, and History Department for consolidation, review, and reporting to the leadership of the Ministry of Public Security to send to the Ministry of Science and Technology for consideration and approval.

Article 14. Procedures and Formalities for Approving, Adjusting, and Supplementing Annual Plans for Building National Technical Regulations

1. The annual plan for building QCVN of the Ministry of Public Security is implemented as follows:

a) Drafting the annual plan for building QCVN

Based on the approved five-year plan and the need for new construction, amendment, supplementation, or replacement of QCVN, before March 30 each year, local public security units submit registration for the QCVN construction plan for the following year along with an explanatory note about the construction project and other relevant documents to the Public Security Science, Strategy, and History Department for consolidation, review, and reporting to the leadership of the Ministry of Public Security;

b) Approving the annual plan

The Public Security Science, Strategy, and History Department consolidates and evaluates the necessity and proposes a draft plan for building QCVN. The draft plan for building QCVN is sent to the Ministry of Science and Technology, related organizations, the National Standardization, Metrology, and Quality Control Office (Vietnam TBT Office), and published on official magazines, publications, or the website of the Ministry of Public Security to solicit opinions. Based on the opinions of related organizations and individuals, the Director of the Public Security Science, Strategy, and History Department issues a decision to establish a review committee according to Article 21 of this Circular to review the registration plan for building QCVN before submitting it to the Minister of Public Security for issuance;

The review file includes: the letter requesting the review of the QCVN project from the leading unit, the QCVN project, copies of documents used as the basis for building QCVN, and reference materials;

Content of the review: reviewing the necessity, suitability, situation of technical regulation objects domestically and internationally, reasons and purposes for building QCVN, issues to be regulated in QCVN, methods of construction and documents serving as the basis for construction, budget estimate for implementing the task;

2. Adjusting and Supplementing the Plan for Building QCVN

a) The plan for building QCVN is adjusted, supplemented, or withdrawn from the implementation plan through a written proposal from local public security units and related organizations;

b) Proposals to adjust and supplement the plan for building QCVN must be submitted before October 1 each year. The procedures and formalities for adjusting and supplementing the plan for building QCVN follow the provisions of Clause 1 of this Article; In cases of urgent requirements for state management, the adjustment and supplementation of the annual plan will be carried out according to the approval decision of the Minister of Public Security.

3. Based on the approved plan, the Science, Strategy, and History Department of the Public Security announces, guides, urges, and supervises the implementation of the annual plan.

Article 15. Procedures and formalities for drafting, reviewing, evaluating, and promulgating national technical regulations

Based on the implementation plan for developing National Technical Regulations (QCVNs) issued by the Minister of Public Security, the Director of the Science, Strategy, and History Bureau of Public Security approves the QCVN project after it has been reviewed according to Clause 14 of this Circular and signs a contract with the main compiling units to carry out the task.

1. Establishing the Drafting Board

a) The main unit establishes the QCVN Drafting Board or designates subordinate scientific and technological agencies to develop QCVNs;

b) The Drafting Board must include representatives from relevant ministries, organizations, and experts.

2. Drafting the QCVN draft

a) Preparation for drafting

Collecting, summarizing, and assessing the implementation status of related legal documents concerning the QCVN project;

Surveying and assessing the current state of administrative management and risk levels related to the managed objects and core contents of the QCVN project;

Organizing research on information and materials related to international commitments concerning the QCVN project;

Submitting detailed QCVN projects along with the draft content framework for implementation;

Requesting the Ministry of Finance (through the General Department of Customs) to cooperate in reviewing and determining HS codes for products and goods expected to fall within the scope of QCVNs; Other related work.

b) Implementing the drafting of the QCVN draft

Drafting based on the agreed content framework and writing explanatory notes; Summarizing and researching technical materials; Assessing the current situation, conducting sampling analysis, testing, trials, and pilot applications to determine technical characteristic limits; Analyzing and assessing the risk level of the managed objects to determine appropriate management methods in the QCVN draft;

Determining HS codes at the detailed level (8 digits) for managed objects that are products and goods in Group 2;

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

3. Soliciting opinions and finalizing the QCVN draft

a) The main unit reports to the leadership of the Ministry of Public Security to organize the review of the draft

Sending the QCVN draft along with explanatory notes to relevant agencies, organizations, and individuals to solicit opinions (sending drafts to agencies, organizations, and individuals directly affected by the draft);

In cases where the promulgation of QCVNs may impact international trade, the main agency sends the QCVN draft to the Vietnam Standards Office to determine the necessity of notifying the WTO according to the provisions of the Minister of Science and Technology.

Simultaneously with sending the draft for solicitation of opinions, announcing the solicitation of opinions on the electronic portal or official magazine of the Ministry of Public Security. The period for soliciting opinions on the draft shall be no less than sixty days from the date of sending the draft for solicitation of opinions;

In urgent cases related to health, safety, and the environment, the opinion solicitation period may be shorter. The opinion solicitation period can be shortened according to the decision of the Ministry of Public Security's leadership but not less than thirty days;

b) On the basis of feedback, the main unit directs the Drafting Board to process, adopt, and finalize the QCVN draft and prepare the QCVN draft file according to 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 and send it to the Science, Strategy, and History Bureau of Public Security for review;

c) The Director of the Science, Strategy, and History Bureau of Public Security issues a decision to establish a Review Committee for the QCVN draft according to Article 21 of this Circular to examine the file and content of the QCVN draft;

The content of the review of the QCVN draft is regulated in Article 33 of the Law on Standards and Technical Regulations 2006;

The main unit directs the QCVN draft Drafting Board to adopt and revise the QCVN draft according to the Review Committee's comments and complete the file to be sent back to the Science, Strategy, and History Bureau of Public Security within fifteen days from the date of the meeting.

4. Evaluation of QCVNs at the Ministry of Science and Technology

The Science, Strategy, and History Bureau of Public Security takes the lead in compiling the QCVN draft file to submit to the leadership of the Ministry of Public Security for evaluation by the Ministry of Science and Technology (through the General Bureau of Standards, Metrology, and Quality Control).

5. Issuing QCVNs

a) In cases where there is agreement with the evaluation opinion of the Ministry of Science and Technology, the main unit completes the file and QCVN draft and submits it to Deputy Ministers for their opinions. The file requesting guidance from Deputy Ministers includes: A letter requesting opinions from Deputy Ministers; the draft report; the draft Circular; the draft QCVN; a summary, explanation, and adoption of comments on the QCVN draft; copies of comments on the QCVN draft; the decision to establish the Review Committee for the QCVN draft; the minutes of the Review Committee meeting for the QCVN draft. After receiving the opinions of Deputy Ministers, the main unit continues to study, adopt, explain, and revise the draft before submitting the file to the Legal System Reform Bureau for assistance in evaluating the draft Circular to be issued by the Minister of Public Security;

The file requesting the Legal System Reform Bureau to evaluate the draft Circular issued by the Minister of Public Security for QCVNs includes: A letter requesting evaluation of the Circular; the draft report; the draft Circular; the revised QCVN draft after adopting comments; a summary, explanation, and adoption of comments on the QCVN draft; copies of comments on the QCVN draft; the decision to establish the Review Committee for the QCVN draft; the minutes of the Review Committee meeting for the QCVN draft;

After receiving the evaluation opinion of the Legal System Reform Bureau, the main unit reports to the Science, Strategy, and History Bureau of Public Security to assign a number to the QCVN before submitting it to the Minister of Public Security for signing the Circular to issue.

b) The Science, Strategy and History Department of the Public Security manages and assigns the QCVN number of the Ministry of Public Security. The QCVN number of the Ministry of Public Security is QCVN xx: yyyy/BCA, where: QCVN stands for National Technical Regulation; xx is the QCVN number; yyyy is the year of issuance, separated from the QCVN number by a colon (:); BCA stands for Ministry of Public Security, placed adjacent to the year of issuance and separated by a forward slash (/);

c) After being issued, the national technical regulation is stored at the Science, Strategy and History Department of the Public Security for management and guidance on implementation and application by public security units and localities;

d) In case of disagreement with the opinion of the Ministry of Science and Technology, the leading unit shall submit a document to the Ministry of Public Security for reporting;

Article 16. Periodic Review of National Technical Regulations

1. Procedures and formalities for periodic review of QCVN

a) The leading unit compiles a list of QCVNs that need to be reviewed according to the provisions of Clause 1, Article 35 of the Standardization and Technical Regulation Law 2006;

b) The leading unit conducts the review of QCVNs based on the criteria stipulated in Clauses 1 and 2, Article 33 of the Standardization and Technical Regulation Law 2006 and other relevant criteria;

c) Prepare a list of review results accompanied by an explanation, including: List of QCVNs retaining their validity; list of QCVNs requiring amendment, supplementation, or replacement and list of QCVNs requiring cancellation. Within each list, the technical regulations that have been reviewed are arranged in order of priority;

2. The leading unit prepares a report on the review of QCVNs, including the results of the review and recommendations for inclusion in the plan for amending, supplementing, replacing, or canceling QCVNs, to be submitted to the Ministry of Public Security (through the Science, Strategy and History Department of the Public Security) for approval of the plan to develop QCVNs;

3. In cases of urgent requirements for state management, the leadership of the Ministry of Public Security decides to conduct a review of QCVNs earlier than the five-year period or on an ad hoc basis;

Article 17. Amendment, Supplement, Replacement of National Technical Regulations

1. Proposals for amending, supplementing, or replacing QCVNs are made by the leading unit and submitted to the Science, Strategy and History Department of the Public Security for inclusion in the annual plan for developing technical standards;

2. Procedures and formalities for amending, supplementing, or replacing QCVNs are regulated accordingly in Article 15 of this Circular;

Article 18. Cancellation of National Technical Regulations

1. Cancellation of QCVNs is carried out in accordance with the provisions of Point a, Clause 3, Article 35 of the Standardization and Technical Regulation Law 2006;

The leading unit prepares a dossier to request the cancellation of QCVNs after obtaining the opinion of the Ministry of Science and Technology and submits the dossier to the Legal Affairs and Administrative Reform Department for preliminary examination before submitting it to the Minister of Public Security for consideration and decision on the cancellation of QCVNs;

2. The dossier requesting the cancellation of QCVNs includes: A proposal to cancel QCVNs; the QCVN to be canceled; an explanatory note (reasons, legal basis, scientific basis); Results of periodic reviews and recommendations; opinions of related ministries, sectors, organizations, and individuals; the opinion of the Ministry of Science and Technology; other related documents;

Chapter IV

FOUNDATIONAL STANDARDS

Article 19. Procedures, Adjustments, Approval of Plans for Developing Foundational Standards

The Science, Strategy and History Department of the Public Security guides public security units and localities in registering plans for developing foundational standards annually and consolidates and reports to the leadership of the Ministry of Public Security for consideration and approval;

1. The annual plan for developing foundational standards of the Ministry of Public Security is implemented as follows:

Based on the needs for new development, amendment, supplementation, or replacement of foundational standards, before March 30 each year, public security units and localities send registration forms for the development of foundational standards for the following year along with draft outlines for developing foundational standards for specific subjects or groups of subjects to the Science, Strategy and History Department of the Public Security for consolidation, verification, and reporting to the leadership of the Ministry of Public Security to submit to the Ministry of Science and Technology for budget allocation, using the following form: Registration Form for Developing Foundational Standards (annexed to this Circular as Appendix I); Draft Outline for Developing Foundational Standards (annexed to this Circular as Appendices II and III);

2. Adjustment and Supplement to the Plan for Developing Foundational Standards

The leading unit proposes adjustments and supplements to the plan for developing foundational standards (before January 31 of the implementation year) and sends them to the Science, Strategy and History Department of the Public Security for consolidation, verification, and reporting to the leadership of the Ministry of Public Security;

3. Annual Approval

Based on the previous year's registration plan and the annual supplementary plan for developing foundational standards of public security units and localities, the Director of the Science, Strategy and History Department of the Public Security issues a decision to establish a Verification Committee in accordance with Article 21 of this Circular to verify the outline of foundational standards and the budget estimate before submitting to the leadership of the Ministry of Public Security for approval;

The verification dossier includes: The leading unit's letter requesting verification of foundational standards, the outline of foundational standards, copies of documents used as the basis for compiling foundational standards, and reference materials;

Content of verification: Verify necessity, suitability, domestic and international standardization situation, reasons and purpose of compiling standards, issues to be standardized, methods of implementation, and budget estimates for implementing tasks;

4. Based on the approved plan, the Science, Strategy and History Department of the Public Security announces, guides, urges, and supervises the implementation of the annual plan.

Article 20. Procedures for drafting, reviewing, and promulgating basic standards

The procedures for drafting, reviewing, and promulgating basic standards shall be carried out in the following steps: Based on the plan for developing basic standards that has been issued by the Ministry of Public Security and approved by the Public Security Science, Strategy, and History Bureau after the draft outline has been reviewed according to Clause 3, Article 19 of this Circular and the signing of a contract to perform the task with the main compiling unit of the basic standard.

1. Establishing the Drafting Board The main compiling unit of the basic standard decides to establish the Drafting Board for the basic standard.

2. Drafting the Basic Standard

a) Preparing to draft the basic standard

Collecting, consolidating, and evaluating the implementation status of current regulatory legal documents related to the draft basic standard;

Organizing an assessment of the current situation, researching technical materials; conducting sampling analysis, testing, trials, surveys to determine technical indicators and requirements for the draft basic standard; Organizing the collection of information, materials, and research results related to the draft basic standard; Approving detailed implementation outlines; Performing other tasks;

b) Implementing the drafting of the basic standard draft. Drafting the basic standard based on the approved outline and writing explanatory notes for the draft; Organizing conferences, seminars, and soliciting opinions from experts and relevant parties regarding the draft basic standard.

3. Soliciting Opinions and Perfecting the Draft Basic Standard

a) The main compiling unit sends the draft basic standard to solicit opinions from public security units at all levels and related units outside the sector. The time for soliciting opinions must be at least twenty (20) days, starting from the date the draft basic standard is sent for soliciting opinions.

b) Organizing specialized conferences to discuss and provide feedback on the draft basic standard.

c) The main compiling unit directs the Drafting Board to compile and process feedback, perfect the final draft, and prepare a file to submit to the Public Security Science, Strategy, and History Bureau. The Director of the Public Security Science, Strategy, and History Bureau issues a decision to establish the Review Board according to Article 21 of this Circular to examine the file and content of the draft basic standard.

The review file includes: A letter requesting the Public Security Science, Strategy, and History Bureau to organize a review board for the draft basic standard; the outline of the basic standard; the draft basic standard after incorporating opinions from public security units at all levels and related units outside the sector; explanatory notes for the draft basic standard; a report on the drafting process of the draft basic standard; a summary, explanation, and incorporation of opinions provided on the draft basic standard; copies of opinions provided on the draft basic standard; copies of documents used as a basis for drafting the draft basic standard and other related documents.

The content of the review includes: Reviewing the suitability of the standard with scientific and technological progress, the suitability of the standard with technical regulations, legal provisions, international commitments related to it, harmonization with national and international standards, consistency, and synchronization within the national standard system.

4. Reviewing and Promulgating the Basic Standard

a) Reviewing the Basic Standard

The main compiling unit directs the Drafting Board to revise the draft basic standard according to the conclusions of the Review Board and complete the file to seek opinions from Deputy Ministers after receiving opinions from the Public Security Science, Strategy, and History Bureau. The file seeking guidance from Deputy Ministers includes: A letter seeking opinions from Deputy Ministers; the draft notification; the draft circular; the draft basic standard; the decision establishing the Review Board for the draft; the minutes of the Review Board meeting; a summary, explanation, and incorporation of opinions provided on the draft basic standard, copies of opinions provided on the draft basic standard;

After receiving opinions from Deputy Ministers, the main compiling unit studies, incorporates, explains, and revises the draft basic standard before submitting the file to the Legal Reform and Administrative Simplification Department for review on behalf of the Minister of Public Security;

The file requesting the Legal Reform and Administrative Simplification Department to review includes: A letter requesting review; the draft notification; the draft circular; the draft basic standard; a summary, explanation, and incorporation of opinions provided on the draft basic standard; copies of opinions provided on the draft basic standard; the decision establishing the Review Board for the draft basic standard; the minutes of the Review Board meeting for the draft basic standard;

b) Promulgating the Basic Standard

After receiving the review opinion from the Legal Reform and Administrative Simplification Department, the main compiling unit reports to the Public Security Science, Strategy, and History Bureau to assign a number to the basic standard before submitting it to the Minister of Public Security for signing the circular to promulgate;

c) The Public Security Science, Strategy, and History Bureau manages and assigns numbers to the basic standards of the Ministry of Public Security. The number of the basic standard of the Ministry of Public Security is BCS xx: yyyy/BCA, where: BCS is an abbreviation for Basic Standard; xx is the number of the basic standard; yyyy is the year of promulgation, separated from the number of the basic standard by a colon (:); BCA is an abbreviation for the Ministry of Public Security, placed adjacent to the year of promulgation and separated by a forward slash (/).

Article 21. The Council for Reviewing and Evaluating Draft National Standards and Technical Regulations, Basic Standards

1. Composition of the Council

a) The Council shall consist of from seven to nine members, including at least one member being an officer of the Science, Strategy and History Department of the Ministry of Public Security, other members being reputable experts both within and outside the Ministry of Public Security with appropriate expertise and experience in their respective fields, representatives of relevant agencies and units under the Ministry of Public Security, and representatives of the Standardization, Metrology and Quality Control General Department;

b) Members of the drafting team shall not be members of the Council.

2. Responsibilities of the Council

a) Reviewing and assessing completeness and compliance with procedures;

b) Evaluating technical expertise;

c) Being individually responsible for the results of their assessment and the Council's final conclusion.

3. Principles of operation of the Council

a) The Council operates on a part-time basis, following democratic, objective, independent principles, members openly discuss assigned tasks while bearing responsibility for their opinions;

b) Council meetings must have at least two-thirds (2/3) of its members present, decisions made by majority vote. Written opinions of absent members are for reference purposes. The Council's conclusions are recorded in minutes and sent to the Science, Strategy and History Department of the Ministry of Public Security;

c) In cases where the Council does not convene a meeting for evaluation, based on the nature and scale of the content under review, the Chairman of the Council decides to seek written evaluations from Council members.

Article 22. Principles and Methods of Applying Basic Standards

1. Basic standards are applied to serve state management work of the Ministry of Public Security.

2. Basic standards are directly applied or cited in other documents.

3. Basic standards are uniformly used throughout the public security force and serve as a basis for managing, inspecting processes, evaluating product quality in production, procurement, importation, circulation under the Ministry of Public Security’s jurisdiction.

Article 23. Periodic Review of Basic Standards

1. The leading unit organizes periodic reviews every three years (or sooner if necessary) from the date the Minister of Public Security signs the Circular promulgating basic standards according to the assigned field; conducts ad hoc reviews upon leadership requirements.

2. After reviewing, the leading unit submits a report along with explanations and a list of basic standards to the Science, Strategy and History Department to assist the Ministry of Public Security in examining and reviewing before presenting to the Minister of Public Security for approval. Review outcomes are incorporated into plans for revising, supplementing, or replacing basic standards.

Article 24. Amending, Supplementing, and Replacing Basic Standards

1. Amendments, supplements, and replacements of basic standards are proposed by the leading unit conducting reviews and submitted to the Science, Strategy and History Department for inclusion in annual plans for developing basic standards.

2. Procedures and formalities for amending, supplementing, and replacing basic standards are stipulated in Article 20 of this Circular.

Article 25. Revoking Basic Standards

1. The leading unit prepares a dossier to revoke basic standards and sends it to the Legal System and Administrative Reform Department before submitting to the Minister of Public Security for revocation decision. Results of revoking basic standards are reported to the Science, Strategy and History Department for knowledge and consolidation.

2. The dossier for revoking basic standards includes: A request for revocation of basic standards; The revoked basic standard document; An explanatory statement (reasons, legal basis, scientific basis); A summary of opinions; Photocopies of comments on the revocation of basic standards; Opinions of Deputy Ministers; Other related documents.

Chapter V

IMPLEMENTATION

Article 26. Responsibilities of Units and Individuals

1. The Science, Strategy and History Bureau of the Ministry of Public Security

a) Shall be the focal point to assist the Minister of Public Security in uniformly managing the activities of developing TCVN, QCVN, and TCCS of the Ministry of Public Security. The activities of developing TCVN, QCVN, and TCCS are scientific and technological tasks at the ministerial level.

b) Monitor, urge, and inspect the implementation of plans for developing, announcing TCVN, and issuing QCVN, TCCS. Implement information dissemination, promotion, printing, distribution, guidance on applying TCVN, QCVN, and TCCS of the Ministry of Public Security.

c) Be the focal point to coordinate with the Ministry of Science and Technology in activities related to TCVN, QCVN work.

2. Director of the Science, Strategy and History Bureau of the Ministry of Public Security

a) The Director of the Science, Strategy and History Bureau of the Ministry of Public Security shall sign decisions to establish review boards, project outline and draft review boards; draft review boards; decisions to establish suspension task assessment teams, decisions to establish regular and spot-check inspection teams for the implementation of TCVN, QCVN, TCCS construction and application; decisions to adjust the names of TCVN, QCVN, TCCS (based on recommendations from the Review Board or expert opinions), extension of time for implementing TCVN, QCVN, TCCS construction tasks.

b) Approve project outlines (projects) for TCVN, QCVN, TCCS development. Sign (Party A) contracts, terminate contracts for implementing TCVN, QCVN, TCCS development tasks.

c) Propose budget allocation for TCVN, QCVN, TCCS activities of the Ministry of Public Security.

3. Public Security units, localities, other organizations, and individuals

a) Coordinate with the Science, Strategy and History Bureau of the Ministry of Public Security in the activities of compiling TCVN, QCVN, TCCS according to this Circular.

b) Take the lead in proposing objects for TCVN, QCVN, TCCS to serve management objectives of the Ministry of Public Security; propose plans to amend, supplement, replace, or abolish TCVN, QCVN, TCCS within their assigned responsibility areas.

c) Take the lead in compiling TCVN, QCVN, TCCS assigned according to the plan approved by the leadership of the Ministry of Public Security.

d) Bear responsibility for the content, quality, progress, and use of funds for TCVN, QCVN, TCCS in their assigned management areas.

đ) Sign (Party B) contracts, terminate contracts for implementing TCVN, QCVN, TCCS development tasks.

e) Bear legal responsibility before the law and the head of the unit managing the task regarding the quality and quantity of products according to the approved project (outline) and the use of funds for the task.

g) Report periodically and urgently to the Ministry of Public Security (through the Science, Strategy and History Bureau of the Ministry of Public Security) on the results of implementing tasks according to the approved TCVN, QCVN, TCCS plan.

Article 27. Effective Date

This Circular takes effect from June 5, 2021.

Circular Jointly Issued No. 06/2010/TTLT-BCA-BKHCN dated December 30, 2010 of the Minister of Public Security and the Minister of Science and Technology on the development and application of standards in the field of security under the Ministry of Public Security shall cease to be effective from the date this Circular takes effect.

Article 28. Responsibility for Implementation

1. The Science, Strategy and History Bureau of the Ministry of Public Security shall be responsible for urging, guiding, and inspecting the implementation of the provisions of this Circular.

2. Heads of public security units and localities; organizations and individuals related to the activity of developing national standards, national technical regulations, and basic standards of the Ministry of Public Security shall be responsible for implementing this Circular. In the course of implementation, if there are difficulties, public security units and localities shall report to the Ministry of Public Security (through the Science, Strategy and History Bureau of the Ministry of Public Security) for timely guidance.

In the course of implementation, if there are difficulties, public security units and localities shall report to the Ministry of Public Security (through the Science, Strategy and History Bureau of the Ministry of Public Security) for timely guidance./.