Decision No. 43/QD-BCN On the establishment of the Notification Office and Inquiry Point of the Ministry of Industry on technical barriers in trade

Pursuant to …;

Regarding the establishment of the office for notification and inquiry on technical trade barriers under the Ministry of Industry

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THE MINISTER OF INDUSTRY

Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;
Pursuant to Decision No. 114/2005/QD-TTg dated May 26, 2005 of the Prime Minister on the establishment and issuance of the Regulation on the network of notification and inquiry offices of Vietnam on technical trade barriers (TBT);
At the proposal of the Director of the Department of Science and Technology and the Director of the Department of Organization and Cadres,

DECISION:

Article 1. The Ministry of Industry's Office for Notification and Inquiry on Technical Trade Barriers (hereinafter referred to as the TBT-BCN Office) is hereby established at the Department of Science and Technology, with the function of notifying and answering inquiries about legal regulations, standards, conformity assessment procedures, and other documents related to technical trade barriers issued by the Ministry of Industry;

The TBT-BCN Office shall be subject to professional and operational coordination by the National Office for Notification and Inquiry on Technical Trade Barriers of Vietnam (hereinafter referred to as the TBT-VN Office) in accordance with Decision No. 114/2005/QD-TTg dated May 26, 2005 of the Prime Minister.

Article 2. Tasks of the TBT-BCN Office

1. Task of notification to the TBT-VN Office:

a) Notify the TBT-VN Office of technical legal regulations and conformity assessment procedures (to be issued) within the management scope of the Ministry of Industry that may hinder trade with World Trade Organization (WTO) member countries;

b) The draft of such technical legal regulations and conformity assessment procedures must be notified to the TBT-VN Office at least 65 days before issuance;

c) Notify the TBT-VN Office of bilateral or multilateral agreements or accords signed by the Government or the Ministry of Industry within its authority that relate to technical legal regulations, standards, and conformity assessment procedures within the management scope of the Ministry.

2. Task of inquiry:

a) Receive and answer questions and information related to the issuance and application of technical legal regulations, standards, and conformity assessment procedures of the Ministry and sectors when requested to do so by the TBT-VN Office or domestic and foreign agencies, organizations, and individuals;

b) Forward to the TBT-VN Office questions or requests for provision of materials from agencies and organizations under various Ministries and sectors regarding technical regulations, standards, and conformity assessment procedures of WTO member countries relevant to the activities of the Ministry;

c) Receive and forward notifications on TBT from WTO member countries to interested parties, including business associations and major exporting enterprises, within 24 hours of working days upon receipt of the notification from the TBT-VN Office, especially in cases where there is a possibility of being sued for TBT within the management scope of the Ministry.

3. Other professional tasks:

a) Establish a database on standards, technical regulations, conformity assessment procedures, and related regulatory documents concerning product quality, safety, environmental impact, and industrial product labeling;

b) Coordinate with the Legal Affairs Department to submit to the Ministry plans for reviewing and drafting new legal regulations, technical regulations, and technical standards in compliance with the TBT Agreement;

c) Organize dissemination and provision of information to enterprises on measures to develop technical standards and technology systems to meet the requirements of WTO accession and overcome import countries' technical barriers;

d) Provide contents of legal regulations related to standards and technical procedures issued by the Ministry of Industry;

e) Develop a procedure for providing information according to the Regulation on the Network of Notification and Inquiry Offices of Vietnam on Technical Trade Barriers;

f) Study and propose measures regarding resources (training, seminars) for direct management levels to ensure the effective operation of the TBT-BCN network;

g) Participate in international cooperation activities related to the implementation of Vietnam's transparency obligations under the TBT Agreement as proposed by the TBT-VN Office and assigned by the direct supervisory agency.

Article 3. Organization and Staffing

1. The TBT-BCN Office shall be concurrently headed by the Deputy Director of the Department of Science and Technology as the Director of the Office, assisted by civil servants from the Department of Science and Technology, including:

- One Secretary of the Office;

- One Standards Specialist;

- One Intellectual Property Specialist;

- One International Cooperation Specialist;

- One Legal Specialist.

2. The staffing of the TBT-BCN Office shall be included in the total number of staff allocated annually by the Ministry to the Department of Science and Technology.

Article 4. The financial resources to support the operations of the TBT-BCN Office shall be sourced from the scientific and technological affairs budget of the Ministry of Industry.

Article 5. This Decision shall take effect from the date of signing.

The Director of the Ministry, the Inspector General of the Ministry, the Directors of Departments, the Heads of Bureaus, the Heads of agencies and units under the Ministry, and the Director of the TBT-BCN Office are responsible for implementing this Decision.