Decision No. 74/2005/QD-BNN Issuing the Industry Standard Development, Issuance, Dissemination, and Application Inspection Regulation

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Issuing the Regulation on the construction, issuance, dissemination and inspection of the implementation of industry standards

 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

 Pursuant to Decree No. 86/2003/ND-CP dated July 18, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Product Quality Ordinance No. 18/1999/PL-UBTVQH10, adopted by the Standing Committee of the National Assembly on December 24, 1999;

At the proposal of the Director of the Science and Technology Department and the Director of the Legal Affairs Department,

 DECISION:

 Article 1. This Decision promulgates the Regulation on the construction, issuance, dissemination, and inspection of the implementation of industry standards.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette and replaces the Regulation on the establishment, review, and issuance of industry standards attached to Decision No. 135/1999/QD-BNN dated October 1, 1999 of the Minister of Agriculture and Rural Development.

Article 3. The Head of the Office, Directors of the Science and Technology Department, and Heads of related units are responsible for implementing this Decision./.

REGULATIONS

 

CONSTRUCTION, ISSUANCE, DISSEMINATION AND INSPECTION

OF INDUSTRY STANDARDS

(Issued pursuant to Decision No. 74/2005/QD-BNN dated November 14, 2005

of the Minister of Agriculture and Rural Development)

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Regulation stipulates the procedures and formalities for the construction, issuance, dissemination, and inspection of industry standards issued by the Ministry of Agriculture and Rural Development.

Article 2. Scope of standardization

1. Agricultural sector, including: veterinary drugs; plant protection chemicals; fertilizers; crop seeds; livestock breeds; biological products for crop cultivation and animal husbandry; animal feed; agricultural products; agricultural machinery; agricultural land; planning, surveying, design, and construction in agriculture.

2. Forestry sector, including: forestry crop and livestock seeds; forest products and processing; forestry machinery; forestry land; planning, surveying, design, and construction in forestry.

3. Water Resources sector, including: water resources machinery; planning, surveying, design, construction, operation management, maintenance, and repair of water resources works and materials used for constructing water resources works; flood control and disaster prevention structures.

4. Other sectors such as salt production, environment, and other relevant sectors under the State management responsibility of the Ministry of Agriculture and Rural Development.

Article 3. Definition of Industry Standards issued by the Ministry of Agriculture and Rural Development (hereinafter referred to as Industry Standards)

Industry Standards are uniform provisions presented in technical documents, constructed according to a specific format, signed and issued by the Minister of Agriculture and Rural Development.

Article 4. Industry Standard Code

1. Agricultural sector, code: 10TCN ...;

2. Forestry sector, code: 04TCN ...;

3. Water Resources sector, code: 14TCN ...

Article 5. Method of organizing the construction of industry standards

1. Construction of industry standards is carried out by the Technical Standard Committee (hereinafter referred to as the Technical Committee).

2. The Ministry of Agriculture and Rural Development encourages organizations and individuals to participate in the construction of industry standards.

Chapter II

CONTENT AND REQUIREMENTS OF THE PROCEDURES FOR CONSTRUCTION, REVIEW

AND ISSUANCE OF INDUSTRY STANDARDS

Article 6. Procedures for developing industry standards

1. The procedures for developing industry standards include five steps:

a) Step 1. Proposing to develop industry standards: the required content is having a project to develop industry standards (abbreviated as DA TCN) and a draft proposal for industry standards (if applicable, abbreviated as DT TCN).

b) Step 2. Reviewing the project to develop industry standards: the required content is having the plan to develop industry standards approved.

c) Step 3. Drafting the working draft: the required content is having the working draft (abbreviated as DT LV).

d) Step 4. Drafting the technical committee draft: the required content is having the technical committee draft (abbreviated as DT BKT) approved.

e) Step 5. Soliciting opinions and finalizing the technical committee draft: the required content is having the industry standard draft (abbreviated as DT TCN) ready for promulgation.

2. In specific cases, the above steps may be shortened appropriately to suit actual conditions, but the principle of consensus and the quality of industry standards must still be ensured.

Article 7. Content and requirements of each step in developing industry standards

1. Step 1. Proposing to develop industry standards

All organizations and individuals have the right to propose to develop or review industry standards. Proposals to develop or review industry standards are presented in the form of a project to develop industry standards and may include a draft proposal for industry standards.

2. Step 2. Reviewing the project to develop industry standards

a) The Department of Science and Technology organizes the review of the project to develop industry standards. An approved project to develop industry standards serves as the basis for developing industry standards;

b) When it is deemed necessary to adjust the plan to develop standards, the Technical Committee and the unit hosting the Technical Committee's office must submit a written request to the Ministry (Department of Science and Technology) for consolidation. The Department of Science and Technology is responsible for deciding on adjustments to the standard development plan.

3. Step 3. Drafting the working draft

After receiving the task, the Technical Committee assigns a working group to perform the following tasks:

a) Establishing and approving a work program to draft the standard;

b) Preparing relevant conditions related to drafting the standard;

c) Collecting and processing reference materials, data, or test results related to production, management, use, scientific research, and technology, etc.;

d) Translating and studying primary documents as the basis for drafting (if available);

e) Drafting the working draft;

g) Writing an explanatory note for the working draft.

4. Step 4. Drafting the technical committee draft

a) The Technical Committee secretary is responsible for sending the working draft along with the explanatory note to the members of the Technical Committee for comments. The deadline for soliciting comments on the working draft follows the work program;

b) The Technical Committee secretary collects and forwards preliminary processing of the comments from the Technical Committee members to the head of the working group, compiles a summary and incorporates the comments, revises and supplements the working draft to draft the technical committee draft and writes an explanatory note attached to the technical committee draft;

c) Holding a Technical Committee meeting to approve the technical committee draft. Approval is conducted based on the principle of consensus. If the technical committee draft does not receive the majority agreement of the Technical Committee members, it must be revised and resubmitted for comments until the technical committee draft is approved.

5. Step 5. Soliciting opinions and finalizing the technical committee draft

a) The technical committee draft approved by the Technical Committee is sent to the Department of Science and Technology. The Department of Science and Technology sends the technical committee draft and the explanatory note to relevant organizations and individuals for comments;

Comments on the technical committee draft are submitted to the Department of Science and Technology.

b) The Technical Committee assigns the head of the working group to process the comments from relevant organizations and individuals, compile a summary of the incorporated comments, revise, supplement, and finalize the technical committee draft;

c) If all comments fully agree with the content of the technical committee draft, the Technical Committee secretary reports to the Technical Committee head about the processing results and assigns the head of the working group to prepare the technical committee draft dossier (hereinafter abbreviated as DT BKT dossier) according to regulations and draft a submission report for the Technical Committee head to approve;

d) In case of disagreement, the technical committee draft is discussed at a specialized conference of the Technical Committee to find a solution;

e) The Technical Committee assigns the head of the working group to process the comments and the summary of incorporated comments, revise, and supplement to finalize the technical committee draft, then the head of the working group collaborates with the Technical Committee secretary to prepare the technical committee draft dossier and draft a submission report for the Technical Committee head to approve and send to the Department of Science and Technology for technical and operational review.

Article 8. Procedure for Reviewing and Issuing Industry Standards

1. After receiving the Draft Technical Committee File, the Science and Technology Department organizes technical-professional review; if necessary, it establishes an Appraisal Board (hereinafter referred to as the Board) to examine and approve the Draft Technical Committee.

2. The Technical Committee and the Team Leader are responsible for defending the Draft Technical Committee before the Board and are responsible for perfecting it according to the Board's conclusions (if any).

3. The Science and Technology Department prepares the file and submits it for approval of the Industry Standard.

Article 9. Reviewing and Amending Industry Standards

1. Industry standards that are not appropriate need to be reviewed again (usually five years after issuance).

2. The steps for reviewing and amending industry standards are carried out similarly to those for establishing industry standards.

3. The content of amendments to industry standards is printed separately until the standard is reissued.

Article 10. Revoking Industry Standards

Annually, the Science and Technology Department prepares and submits to the Ministry for approval the plan to revoke industry standards (if any) and assigns the Technical Committees to consider the following contents:

1. Studying the content of the industry standard, explaining and justifying the reasons and basis for revoking the industry standard;

2. Sending the industry standard and explanation to relevant organizations and individuals for comments;

3. Preparing the file for revoked industry standards, including:

a) The proposed industry standard for revocation;

b) Explanation of the reasons for revocation;

c) Opinions of relevant organizations and individuals;

d) Petition for the revoked industry standard file;

e) Other related documents (if any).

The Science and Technology Department submits the revocation of the industry standard.

Article 11. Establishing and Storing Standard Files

1. Establishing standard files

a) Draft Technical Committee File (the Technical Committee assigns the Team Leader to prepare), including:

- Approved project to establish industry standards;

- Working draft;

- Draft Technical Committee with attached explanation (Draft version 1 and subsequent versions 2, 3, ..., if any);

- List of organizations and individuals sent for comments and their feedback;

- Official written comments from organizations and individuals;

- Summary and incorporation of comments for the Draft Technical Committee;

- Minutes of meetings;

- Report on the drafting process of the standard;

- Draft Technical Committee for review with attached explanation;

- Petition for issuing the standard by the Technical Committee Head;

b) Standard file submitted to the Science and Technology Department (the Technical Committee assigns the Team Leader to prepare), including:

- Petition for issuing the standard by the Technical Committee Head;

- Approved standard establishment project;

- Table summarizing incorporation of opinions from relevant organizations and individuals;

- Draft Technical Committee for review with attached explanation;

The standard file is stored in a hardcover folder, with the name of the standard noted on the outside cover and the list and quantity of documents in the file noted on the inside cover.

c) Draft Industry Standard File for Review (prepared by the Science and Technology Department), including:

- Petition for issuing the standard by the Technical Committee Head;

- Approved standard establishment project;

- Table summarizing incorporation of opinions from relevant organizations and individuals;

- Technical Science and Technology Department's Appraisal and Issuance Form for Industry Standards;

- Draft Industry Standard for Review with attached explanation (Industry Standard registered at the Science and Technology Department);

- Draft Decision to Issue the Standard.

The Review Standard File is stored in a hardcover folder, with the name of the standard noted on the outside cover and the list and quantity of documents in the file noted on the inside cover.

d) Issued Industry Standard File: in accordance with the issuance document storage regulations of the Ministry.

2. Storing standard files

a) Draft Technical Committee File, stored at the Technical Committee, retention period of five years from the date of submission to the Science and Technology Department;

b) Draft Industry Standard File for Review, stored at the Science and Technology Department, retention period of five years from the date the Science and Technology Department signs the appraisal document and submits for issuance of the standard;

c) Issued Industry Standard File, stored according to the issuance document storage regulations of the Ministry.

Chapter III

PUBLISHING AND DISTRIBUTION OF STANDARDS, PROMOTION AND INSPECTION OF COMPLIANCE WITH STANDARDS

INSPECTION OF COMPLIANCE WITH STANDARDS

Article 12. Publishing and Distributing Industry Standards

The Science and Technology Department shall be responsible for organizing the publication and distribution of industry standards immediately after their issuance.

Article 13. Dissemination of Industry Standards

The Science and Technology Department shall organize the introduction, dissemination, and timely guidance on the application of newly issued industry standards within the year and other related standards.

Article 14. Inspection of Implementation of Industry Standards

The Science and Technology Department shall take the lead and coordinate with relevant agencies to conduct regular or spot inspections of the implementation of industry standards and related standards.

Article 15. Announcement of List of Industry Standards

In the first quarter of each year, the Science and Technology Department shall announce the list of current industry standards.

Chapter IV

FUNDS FOR STANDARDIZATION ACTIVITIES

Article 16. Sources of Funds for Standardization Activities

1. State budget funds for standardization work;

2. Science and technology funds, production development funds of enterprises and agencies;

3. Centralized science and technology funds of the Ministry;

4. From sources of domestic projects and international cooperation;

5. From other sources.

Article 17. Funds for Standardization Activity Contents

1. Developing and reviewing standards;

2. Examining standards;

3. Publishing standards;

4. Disseminating standards;

5. Inspecting the application of standards;

6. Training in standardization techniques;

7. Technical Committee activities;

8. Equipment and materials serving standardization work.

Chapter V

REWARDS AND PENALTIES

Article 18. Rewards

Annually, based on the results of standardization work, the Ministry will consider rewarding units and individuals who have made contributions to building standards; During the process of developing standards, if there are inventions or useful solutions, they may apply procedures in the relevant field according to current regulations.

Article 19. Penalties

For technical committees and individuals who fail to complete standardization plans without valid reasons, depending on the severity of the violation, they will be subject to the following measures: Recovery of allocated funds, suspension of further funding.

Chapter VI

IMPLEMENTATION

Article 20. Implementation

The Science and Technology Department, organizations, and individuals involved in the construction, issuance, dissemination, and inspection of the application of industry standards shall be responsible for implementing this Regulation in accordance with its contents./.