Circular No. 48/2014/TT-BNNPTNT guiding the management, construction, issuance of national technical standards, and announcement of national standards within the scope of management of the Ministry of Agriculture and Rural Development.

CIRCULAR

Guidelines for managing, developing, promulgating technical standardsand announcing national standards within the scope of managementof the Ministry of Agriculture and Rural Development

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Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 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/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations;

At the proposal of the Director of the Department of Science, Technology and Environment,

The Minister of Agriculture and Rural Development issues this Circular guiding the management, development, promulgation of national technical standards (hereinafter referred to as standards), and announcement of national standards (hereinafter referred to as standards) within the scope of management of the Ministry of Agriculture and Rural Development.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the management, development, promulgation of national technical standards (hereinafter referred to as standards), and announcement of national standards (hereinafter referred to as standards) within the scope of management of the Ministry of Agriculture and Rural Development.

Article 2. Applicability

This Circular applies to organizations and individuals involved in the management, development, promulgation of standards, and announcement of standards within the scope of management of the Ministry of Agriculture and Rural Development.

Chapter II

PLANNING AND DEVELOPMENT PLAN

NATIONAL STANDARDS, NATIONAL TECHNICAL REGULATIONS

Article 3. Requirements for planning and development plans for standards and technical regulations

1. For planning the development of standards and technical regulations

a) Ensuring full expression of objectives, timelines, and implementation measures. The results of each phase must be consistent with the requirements of state management by the Ministry of Agriculture and Rural Development.

b) Ensuring consistency and uniformity within the system, aligning with the national economic and social development strategy, industry and sector strategies, and development plans.

2. For the five-year plan for developing standards and technical regulations

Consistent with the approved planning; meeting management requirements, production and business needs, and international integration; appropriate to the level of scientific and technological development of the industry and the country.

3. For the annual plan for developing standards and technical regulations. The annual plan for developing standards and technical regulations must be consistent with the five-year plan.

Article 4. Establishment and approval, adjustment, supplementation of planning for developing standards and technical regulations

1. Contents of the standard and technical regulation planning include: planning for standards and technical regulations in specialized fields, sectors, and objects requiring standardization; total number of standards for each specialized field, sector, and object; implementation timeline; resources to meet standardization requirements for each phase; implementation measures.

2. Establishing planning

Based on the industry development strategy and planning, the specialized agencies under the Ministry of Agriculture and Rural Development (hereinafter referred to as General Departments, Bureaus) propose planning for developing standards and technical regulations within their assigned specialized fields (Annex 1 attached to this Circular) and submit to the Department of Science, Technology, and Environment.

3. Approving planning

a) For planning the development of standards: The Department of Science, Technology, and Environment compiles, reviews, and submits to the Minister of Agriculture and Rural Development for signature, then sends to the Ministry of Science and Technology for review and approval.

b) For planning the development of technical regulations: The Department of Science, Technology, and Environment compiles, reviews, and submits to the Minister of Agriculture and Rural Development for approval; publicly announces on the Ministry's website within thirty days from the date of approval and sends to the Ministry of Science and Technology.

4. Adjusting and supplementing planning

In cases where it is necessary to adjust or supplement approved planning according to the national economic and social development strategy and industry development strategies and plans. The procedures and formalities for adjusting and supplementing the agricultural industry's standard and technical regulation planning are carried out as stipulated in Clause 1 and Clause 2 of this Article.

Article 5. Establishment, approval, adjustment, and supplementation of the five-year plan for standard and regulation development

1. The contents of the five-year plan for standard and regulation development include: specific fields and objects requiring standard and regulation development; classification of standards and regulations; quantity to be developed; implementation time; budget and estimated costs; proposing agencies, organizations, and individuals.

2. Establishment of the five-year plan

In the second quarter of the final year of the five-year period, the General Departments and Bureaus shall organize the establishment of the next five-year plan for standard and regulation development within their assigned specialized fields according to production and management requirements and approved industry standard and regulation planning (if applicable), and submit it to the Department of Science, Technology, and Environment.

The Department of Science, Technology, and Environment shall compile and draft the five-year plan for standard and regulation development of the Ministry, send it to relevant organizations and individuals, and announce it on the Ministry's website or publication to solicit opinions (with a minimum solicitation period of 60 days from the date of sending out the draft for comments) and complete the five-year plan draft (in accordance with Appendix 2 attached to this Circular).

3. Approval of the five-year plan

a) For the five-year plan for standard development: The Department of Science, Technology, and Environment shall lead the guidance, compilation, review, and submission to the Minister of Agriculture and Rural Development for signature and submission to the Ministry of Science and Technology for examination and approval.

b) For the five-year plan for regulation development: The Department of Science, Technology, and Environment shall lead the guidance, compilation, review, and submission to the Minister of Agriculture and Rural Development for approval; notify relevant agencies and organizations and publicly announce it on the Ministry’s website or publication within thirty days from the date of approval.

4. Adjustment and supplementation of the five-year plan

Based on proposals from the General Departments and Bureaus, the Department of Science, Technology, and Environment shall lead the review and examination, and submit to the Minister of Agriculture and Rural Development for approval of amendments and supplements to the five-year plan for regulation development. Publicly announce the decision on amendments and supplements within thirty days from the date of approval, and submit the draft amendment and supplement plan for standard development to the Ministry of Science and Technology for examination and approval. The procedure for drafting the adjusted and supplemented five-year plan is stipulated in Clause 1 and Clause 2 of this Article.

Article 6. Establishment, approval, implementation, adjustment, and supplementation of the annual plan for standard and regulation development

1. The contents of the annual plan for standard and regulation development include: new development, modification, supplementation, replacement, and abolition of standards and regulations; names of standards and regulations to be developed arranged by field; name of the organization drafting the proposal; implementation time; method of developing the draft; estimated budget and funding source; proposing agencies, organizations, and individuals; anticipated dissemination and application guidance plans.

2. Establishment of the annual plan

In the second quarter of each year, based on the approved five-year plan and production and management requirements, the General Departments and Bureaus in their respective fields shall organize the development of the annual plan (Appendix 2 issued together with this Circular) and submit it to the Department of Science, Technology, and Environment for consolidation and announcement on the Ministry's website or publication to solicit opinions. The opinion solicitation period must be at least thirty days from the date of sending out the draft for comments.

3. Approval of the annual plan

a) For the annual plan for standard development: The Department of Science, Technology, and Environment shall consolidate and review, and submit to the Minister of Agriculture and Rural Development for signature and submission to the Ministry of Science and Technology for examination and approval.

b) For the annual plan for regulation development: The Department of Science, Technology, and Environment shall consolidate and review, and submit to the Minister of Agriculture and Rural Development for approval of the annual regulation development plan; notify relevant agencies and organizations, the National Office of Standardization and Quality (hereinafter referred to as the Vietnam National Standards Office) as prescribed, and publicly announce it on the Ministry's website or publication within thirty days from the date of approval.

4. Implementation of the annual plan

Based on the approved annual plan, the General Departments and Bureaus shall organize its implementation. The Department of Science, Technology, and Environment shall organize guidance, urging, inspection, and supervision of the annual plan implementation.

Regularly every six months or at any time, the General Departments and Bureaus shall report the situation and results of the annual plan implementation to the Department of Science, Technology, and Environment for consolidation and reporting to the Minister.

5. Adjustment and supplementation of the plan

a) For the standard development plan

The General Departments and Bureaus shall propose adjustments and supplements to the plan, submit them to the Department of Science, Technology, and Environment for review, and submit to the Minister of Agriculture and Rural Development for signature and submission to the Ministry of Science and Technology for examination and approval. The procedures for adjusting and supplementing the plan are stipulated in Clause 1 and Clause 2 of this Article.

b) For the regulation development plan.

The General Departments and Bureaus shall propose adjustments and supplements to the plan, submit them to the Department of Science, Technology, and Environment for review, and submit to the Minister of Agriculture and Rural Development for approval of amendments and supplements. The procedures for adjusting and supplementing the plan are stipulated in Clause 1 and Clause 2 of this Article.

Chapter III

DEVELOPMENT, REVIEW, AND AMENDMENT

NATIONAL STANDARDS, NATIONAL TECHNICAL REGULATIONS

Article 7. Procedures for steps in drafting standards and technical regulations

The Ministry shall designate agencies and subordinate organizations to draft standards and technical regulations.

1. Step 1: Establishing the Drafting Board.

The agency or organization assigned the main responsibility for drafting standards and technical regulations shall establish a Drafting Board to draft the standard and technical regulation drafts.

The Drafting Board shall consist of members with at least a bachelor's degree and at least seven years of work experience in the relevant field of the assigned task.

2. Step 2: Drafting the standard and technical regulation drafts. 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 draft standard and technical regulation dossier;

Surveying and assessing the current situation related to the management object and main content of the draft standard and technical regulation dossier (if necessary);

Organizing research on information and materials related to the draft standard and technical regulation dossier;

Approving the outline and draft dossier of the standard and technical regulation along with the draft content framework;

Performing other related tasks.

b) Implementing the drafting of the draft standard and technical regulation:

Drafting the draft based on the approved outline and writing an explanatory note for the draft standard and technical regulation;

Organizing meetings, seminars, and soliciting opinions from experts and stakeholders regarding the draft standard and technical regulation;

Studying, adopting opinions, revising the draft, and posting it on the electronic news site to solicit wide-ranging opinions.

3. Step 3: Soliciting opinions and finalizing the draft standard and technical regulation

a) Sending the draft standard and technical regulation along with the explanatory note to relevant agencies, organizations, individuals, and the Office of the Technical Barriers to Trade (TBT) Vietnam to determine the necessity of notifying the World Trade Organization (WTO), while also announcing on the website or magazine/publication of the General Department, the specialized management department, and the Ministry of Agriculture and Rural Development to solicit opinions, with a minimum opinion solicitation period of 60 days from the date of sending out the draft for opinions;

In cases of urgency related to health, safety, and the environment, the time for soliciting opinions on the draft technical regulation may be shortened according to the decision of the Minister of Agriculture and Rural Development.

b) Based on the feedback received, the Drafting Board shall process, adopt, and finalize the draft, prepare the draft standard and technical regulation dossier in accordance with Clause 5 of this Article (except Point k of Clause 5 of this Article).

4. Step 4: Final inspection, review, and evaluation of the draft standard and technical regulation

a) The General Department and the Department assigned the task of managing the drafting of standards and technical regulations shall organize the final inspection of the draft dossier and send it to the Science, Technology, and Environment Department.

b) The Science, Technology, and Environment Department shall review the dossier; notify the General Department and the Department to make corrections and improvements; submit the review results to the Ministry and send the draft standard and technical regulation dossier to the Ministry of Science and Technology for evaluation.

5. Dossier for requesting evaluation of the draft standard and technical regulation:

a) Official letter requesting evaluation of the draft standard and technical regulation dossier;

b) Decision assigning the task of drafting the standard and technical regulation;

c) Approved outline for drafting the standard and technical regulation (according to the model attached as Appendix 3 and 4 of this Circular);

d) Report on the process of drafting the standard and technical regulation;

đ) Draft standard and technical regulation (layout specified in Appendix 5 and 6 of this Circular) after adoption and completion (including both the draft text and electronic version); Explanatory note for the draft standard and technical regulation;

e) Copies of scientific documents used as the basis for drafting the standard and technical regulation; Other reference materials;

g) List of agencies, organizations, and individuals sent the draft standard and technical regulation for opinions; Summary and adoption of opinions with attached opinion documents;

h) Minutes of the meeting of the specialized technical council as stipulated in Article 8 of this Circular; Explanation and adoption of opinions of the Council in the final inspection of the draft dossier;

i) Minutes of the review of the draft dossier; Explanation and adoption of opinions of the review council;

k) Other related documents and materials concerning the processing of final inspection opinions (if any).

6. In cases where it is necessary to develop cross-sectoral technical regulations, the Ministry of Agriculture and Rural Development shall propose in writing to the Ministry of Science and Technology.

Article 8. Professional Technical Council

1. The Professional Technical Council (hereinafter referred to as the Council) shall be established and managed by General Departments and Departments, with the following tasks: Providing professional technical advice in the field of standards and industry-specific regulations; Proposing planning, plans, periodic reviews; Reviewing draft outlines for standards and industry-specific regulations; Accepting draft standard and regulation files.

2. The Council shall have from five to seven members. Members of the Council (excluding the Chairman of the Council) must have a university degree or higher and at least ten years of work experience in their specialized field.

Members of the Council include: The Chairman of the Council is a leader of the General Department or Department; secretary and other members. Representatives from the General Department or Department shall not exceed two members; one member representing the Science, Technology and Environment Department. Members participating in the drafting committee shall not be members of the Council.

3. The term of operation of the Council is three years.

Article 9. Announcing and Issuing Standards and Industry-Specific Regulations

1. Announcing Standards

a) General Departments and Departments organize the acceptance and explanation of the review opinions of the Ministry of Science and Technology, complete the draft (seven paper copies and one electronic copy) and submit it to the Science, Technology and Environment Department for submission to the Minister of Agriculture and Rural Development to sign the document requesting the Ministry of Science and Technology to announce.

b) In cases where the draft standard does not meet the requirements according to the content of the review opinion of the Ministry of Science and Technology, General Departments and Departments are responsible for organizing the handling and completing the draft standard.

2. Issuing Industry-Specific Regulations

For draft industry-specific regulations (including cross-sectoral industry-specific regulations) issued by the Ministry of Agriculture and Rural Development, the following procedures shall be followed:

a) In cases where there is agreement with the review opinion of the Ministry of Science and Technology, General Departments and Departments complete the draft and the draft industry-specific regulation file; take the lead, coordinate with the Science, Technology and Environment Department to submit to the Minister of Agriculture and Rural Development for issuance within thirty days from the date of receipt of the review opinion;

b) In cases where there is disagreement with the review opinion of the Ministry of Science and Technology, General Departments and Departments take the lead, coordinate with the Science, Technology and Environment Department to prepare a document to report to the Government for consideration and decision;

c) The Science, Technology and Environment Department manages and assigns numbers to industry-specific regulations issued by the Ministry of Agriculture and Rural Development. The accompanying documents for the request for assignment of industry-specific regulation numbers include: Draft industry-specific regulation (paper copy and electronic copy); document explaining and accepting the review opinion of the General Department of Standardization, Measurement and Quality.

d) Industry-specific regulation number: QCVN xx-zz : yyyy/BNNPTNT, wherein:

QCVN is the abbreviation for national technical regulations.

xx.zz is the number of the industry-specific regulation.

xx is the code according to the field: 01 is the agriculture field; 02 is the fisheries field; 03 is the forestry field; 04 is the water resources field.

zz is the number of the technical regulation managed by the Science, Technology and Environment Department. The code according to the field and the regulation number are separated by a hyphen (-).

yyyy is the year of issuance of the regulation. The number and the issuance year are separated by a colon (:).

BNNPTNT is the abbreviation for the Ministry of Agriculture and Rural Development, placed after the issuance year (yyyy) and separated by a forward slash (/).

e) General Departments and Departments and organizations responsible for developing industry-specific regulations are responsible for establishing, managing, and archiving draft industry-specific regulation files.

Article 10. Periodic Review of Standards and Technical Regulations

1. The General Department and Departments shall organize periodic reviews of published and issued standards and technical regulations according to the sectors they are assigned to manage.

a) For standards: conduct a periodic review every three years from the date of publication as required by the Ministry of Science and Technology's list; conduct an urgent review upon request of the Ministry of Agriculture and Rural Development.

b) For technical regulations: conduct a periodic review five years from the date of issuance; include the review plan in the annual technical regulation construction plan and submit the list of items requiring review to the Department of Science, Technology and Environment for consolidation, examination, and submission to the Minister of Agriculture and Rural Development for approval. In cases of urgent management requirements, the Minister of Agriculture and Rural Development may decide to conduct an earlier periodic review or an urgent review.

2. Steps for periodic review of standards and technical regulations:

a) Send documents along with the list of current standards and technical regulations to relevant organizations and individuals for review comments;

b) Consolidate and process feedback, prepare a review result file as the basis for developing the annual standard and technical regulation construction plan;

c) Prepare a review result report and attach an explanation.

3. The periodic review file for standards and technical regulations includes: the General Department’s or Department’s report on the review results and recommendations; the list of agencies, organizations, and individuals sent the list of standards and technical regulations for review comments; a summary of feedback and attached comment documents; review results for inclusion in plans to amend, supplement, replace, or abolish; other related documents (if any).

Article 11. Amending, Supplementing, Replacing Standards and Technical Regulations

1. The amendment, supplementation, and replacement of standards and technical regulations are proposed by the General Department and Departments and included in the annual standard and technical regulation construction plan.

2. The amendment, supplementation, and replacement of standards and technical regulations are carried out according to the procedures and formalities stipulated in Article 7 of this Circular.

Article 12. Abolishing Standards and Technical Regulations

1. The General Department and Departments prepare a file to propose the abolition of standards and technical regulations and send it to the Department of Science, Technology and Environment for submission to the Minister of Agriculture and Rural Development for signature, sending to the Ministry of Science and Technology for examination and announcement of the standard abolition.

2. The General Department and Departments take the lead and coordinate with the Department of Science, Technology and Environment to submit to the Minister of Agriculture and Rural Development for a decision to abolish technical regulations after receiving the examination opinion of the Ministry of Science and Technology.

3. The file proposing the abolition of standards and technical regulations includes:

a) The file for abolishing standards: the Minister of Agriculture and Rural Development's proposal to abolish standards; the standard to be abolished; the explanatory statement (reasons, legal basis, scientific basis); opinions of relevant ministries, sectors, organizations, and individuals regarding the abolition of standards during the periodic review process; other related documents (if any).

b) The file for abolishing technical regulations: the General Department’s or Department’s proposal to abolish technical regulations; the technical regulation to be abolished; the explanatory statement (reasons, legal basis, scientific basis); periodic review results and recommendations; opinions of relevant ministries, sectors, organizations, and individuals (if any); the examination opinion of the Ministry of Science and Technology; other related documents (if any).

Chapter IV

ANNOUNCEMENT, DISSEMINATION, REGISTRATION, PUBLICATION, AND DISTRIBUTION OF NATIONAL TECHNICAL STANDARDS

Article 13. Registration of standards

1. The General Department and the Sector Management Departments shall complete the registration dossier for standards and submit it to the Science, Technology and Environment Department for registration with the Ministry of Science and Technology no later than 15 days from the date of issuance.

2. The registration dossier for standards includes: A letter requesting registration of standards; A standard registration form according to the model prescribed in Appendix 7 issued together with this Circular; A copy of the standard; The Circular promulgating the standard.

Article 14. Notification on the issuance, amendment, supplementation, replacement, and revocation of standards

The Science, Technology and Environment Department shall take the lead and coordinate with the General Departments and Sector Management Departments to notify the issuance, amendment, supplementation, replacement, and revocation of standards on their electronic news websites (websites) or magazines and publications within 30 days from the date of issuance, amendment, supplementation, replacement, or revocation of the standards.

Article 15. Dissemination and guidance on the application of standards

The General Departments and Sector Management Departments shall take the lead in organizing the implementation plan for disseminating and guiding the application of standards in their respective fields of management.

Dissemination and guidance on the application of standards must be carried out immediately after the technical standards are issued through training courses, conferences, seminars, and other appropriate forms.

Article 16. Publication and distribution of standards

The Science, Technology and Environment Department shall take the lead and coordinate with the General Departments and Sector Management Departments to organize the implementation plan for publishing and distributing standards.

Chapter V

TIMPLEMENTATION

Article 17. Management responsibilities

1. General Departments and Sector Management Departments

a) In accordance with their assigned functions and tasks, they are responsible for proposing, developing plans, five-year programs, annual plans, and managing the development of standards and regulations;

b) They are responsible to the Minister for the progress and quality of standards and regulations under their management;

c) They inspect, audit, resolve complaints and denunciations regarding activities in the field of standards and regulations according to their assigned areas;

d) They promote, disseminate, and organize guidance on the application of standards and regulations according to their assigned areas;

e) They report periodically and ad hoc as required by the Minister on the results of their assigned tasks;

f) They take the lead in reviewing and submitting to the Minister for signature documents responding to the People's Committees of provinces and centrally-administered cities regarding planning, construction plans, and local technical regulation contents according to their assigned functions and tasks.

2. The Science, Technology and Environment Department

a) It serves as the focal point for implementing the State management functions of the Ministry related to standardization and regulation work in the Agriculture and Rural Development sector: Urging and monitoring the implementation of planning, construction, issuance, and publication of standards; Implementing information, promotion, training, dissemination, and guidance on the application of standards and regulations according to its assignments; Participating in international cooperation activities on standards and regulations;

b) It serves as the focal point for coordinating with the Ministry of Science and Technology in activities related to standardization and technical regulation work in the Agriculture and Rural Development sector;

c) It serves as the focal point for coordinating with the General Departments and Sector Management Departments to organize inspections on the development and application of standards and regulations;

3. Agencies and organizations directly under the Ministry have the responsibility to cooperate with the General Departments and Sector Management Departments in planning and organizing the development of standards and regulations.

Article 18. Budget

1. Activities related to standardization and conformity assessment work are allocated in the annual state budget 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.

2. The construction tasks of standards and conformity assessments can only be settled after the standards and conformity assessments have been issued and published.

Chapter VI

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Circular takes effect from February 1, 2015.

2. This Circular replaces Circulars No. 37/2009/TT-BNNPTNT dated June 26, 2009 guiding technical standard activities under the Ministry of Agriculture and Rural Development; Circular No. 38/2009/TT-BNNPTNT dated June 26, 2009 guiding technical conformity assessment activities under the Ministry of Agriculture and Rural Development; and Circular No. 06/2011/TT-BNNPTNT dated January 28, 2011 amending and supplementing certain provisions of Circular No. 37/2009/TT-BNNPTNT dated June 26, 2009 and Circular No. 38/2009/TT-BNNPTNT dated June 26, 2009 of the Ministry of Agriculture and Rural Development.

3. In the course of implementing this Circular, if there are any difficulties, it is requested that agencies, organizations, and individuals promptly provide information to the Ministry of Agriculture and Rural Development for research and amendment./.