Thông tư 24/2011/TT-BKHCN

CIRCULAR

PRESCRIBING THE ORGANIZATION OF IMPLEMENTATION OF OBJECTIVES IN THE IMPLEMENTATION SCHEME OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE PERIOD 2011-2015

Pursuant to the Government's Decree No. 28/2008/ND-CP of March 14, 2008 stipulating the functions, tasks and powers and the organizational structure of the Ministry of Science and Technology;

Pursuant to the Prime Minister’s Decision No. 682/QD-TTg of May 10, 2011 on approving the Implementation scheme of the Agreement on Technical barriers to trade in the period 2011-2015;

The Minister of Science and Technology prescribes the organization of the implementation of objectives in the Implementation scheme of the Agreement on Technical barriers to trade in the period 2011-2015 as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the organization of implementation of objectives in the implementation scheme of the agreement on technical barriers to trade in the period 2011-2015 (hereinafter referred to as TBT Scheme) approved in the Prime Minister’s Decision No. 682/QD-TTg of May 10, 2011.

Article 2. Subjects of application

This Circular is applicable to Ministries, ministerial-level agencies, relevant Governmental agencies, People’s Committees of cities and provinces directly under the central government (or authority), (hereinafter referred to as Ministries, branches and localities) organizations and individuals implementing the objectives in the TBT Scheme

Article 3. Agencies organizing the implementation of the TBT Scheme

1. The Ministry of Science and Technology is responsible before the Governmental Prime Minister for organizing the implementation in the TBT Scheme.

The Directorate for standards, metrology and quality is the standing agency that assists the Ministry of Science and Technology in implementing the TBT Scheme.

2. The Ministry of Science and Technology shall preside over and cooperate with Ministries, branches and localities to organize the implementation of project 1, 4, 5, 6 under the TBT Scheme.

The Ministry of Industry and Trade shall preside over and cooperate with Ministries, branches and localities to organize the implementation of project 2, 3 under the TBT Scheme.

3. Ministries, branches and localities shall organize the implementation of objectives in the TBT Scheme within their management scope.

The TBT Scheme managing agencies appointed by leaders of Ministries and branches shall assist the leaders of Ministries and branches in organizing the implementation of the TBT Scheme within their management scope.

Departments of Science and Technology are the TBT Scheme managing agencies at localities to assist the People’s Committees of cities and provinces directly under the central government in organizing the implementation of the TBT Scheme within the management scope of the localities.

4. The inter-branch board of Technical barriers to trade (hereinafter referred to as TBT inter-branch board) shall coordinate the implementation of the TBT Scheme and combine the relevant programs, schemes and projects to ensure the efficiency and overlapping avoidance of the TBT Scheme implementation.

Chapter II

ORGANIZING THE IMPLEMENTATION OF THE TBT SCHEME

Article 4. Develop Action plans and projects under TBT Scheme

1. The Ministries and localities shall develop an Action Program for the TBT Scheme implementation in the period 2011-2015 under the framework of Action program for the TBT Scheme implementation in the annex promulgated together with this Circular.

The Action program of Ministries and localities shall be sent to the Ministry of Science and Technology for summing up and implementing it in cooperation.

2. The Ministries that preside over the implementation of the assigned projects shall preside over and cooperate with Ministries, branches and localities to organize the implementation of the projects.

Article 5. Making plans, State budget estimates to implement the objectives under TBT Scheme.

1. Annually, under the progress of the plan, based on the Action program for the TBT Scheme implementation, the objectives and projects under the TBT Scheme, the Ministries, branches and localities shall make plans and budget estimates to implement the objectives in the TBT Scheme for the year.

2. Plans and State budget estimates for implementing the objectives under the TBT Scheme being summed up in the annual plans and State budget estimates of Ministries, branches and localities shall be submitted to competent authorities for approval as prescribed; and sent to the Ministry of Science and Technology to sum it up for implementation in cooperation.

3. The use of fund for implementing the objectives under the TBT Scheme complies with the Circular prescribing the content of expenditures on implementing the objectives under the TBT Scheme promulgated by the Minister of Science and Technology.

Article 6. Inspecting, assessing and reporting the implementation results of objectives under the TBT Scheme

1. Annually, the Ministry of Science and Technology shall preside over and cooperate with the Ministry of Industry and Trade, relevant Ministries and branches to inspect and assess the implementation results of objectives under the TBT Scheme presided over by Ministries, branches and localities; sum up the implementation progress of objectives under the TBT Scheme from Ministries, branches and localities and report to the Prime Minister.

2. Ministries, branches and localities shall inspect and assess the results of the objectives under the TBT Scheme implemented by agencies and organizations of Ministries, branches and localities and send written reports to the Ministry of Science and Technology.

3. Agencies and organizations must prepare and provide adequate information and documents relating to the assigned objectives under the TBT Scheme and facilitate the inspection and assessment.

Article 7. Responsibilities of agencies and organizations implementing the TBT Scheme

1. Responsibilities of standing agencies (the Directorate for standards, metrology and quality)

a) Cooperating with the TBT Scheme management agencies of Ministries, branches and localities to implement the objectives in the TBT Scheme under the guidance of the Ministry of Science and Technology; organizing activities of propagation and dissemination about the TBT Scheme;

b) Making plans and expenditure estimate for implementing objectives under the TBT Scheme presided over by the Ministry of Science and Technology; expending on general activities of the TBT Scheme.

c) Organizing periodic or irregular inspections when necessary to grasp the implementation progress of objectives under the TBT Scheme of Ministries, branches and localities; reporting and proposing the Ministry of Science and Technology to handle the problem arising during the course of implementation of the TBT Scheme;

d) Organizing partial sum-up and summarization of the implementation progress of the TBT Scheme;

d) Implementing the regulation on annual and irregular reports on the implementation progress of the objectives under the TBT Scheme of Ministries, branches and localities;

e) Archiving, preserving dossiers and documents of the TBT Scheme as prescribed.

The standing agencies are assured of fund, working facilities and other regulations as prescribed by current provisions.

2. Responsibilities of the Ministry presiding over the implementation of the projects under the TBT Scheme

a) Building the assigned projects; guiding Ministries, branches and localities to make and implement the objectives in the project within their management scope;

b) Organizing the project implementation and the assessment of its results;

c) Reporting the project implementation results to the Ministry of Science and Technology for summing up and reporting to the Prime Minister.

3. Responsibilities of Ministries, branches and localities implementing the TBT Scheme

a) Ministries, branches and localities shall make the Action program for the TBT Scheme implementation in the period 2011-2015; annual plans for the TBT Scheme implementation within their management scope;

b) Organizing the implementation of objectives under the TBT Scheme within the management scope of Ministries, branches and localities; cooperating with the Ministry of Science and Technology and the Ministry of Industry and Trade in the course of implementing the objectives under the TBT Scheme;

c) Prioritizing the budget allocation for the implementation of objectives under the TBT Scheme;

d) Inspecting, assessing the implementation results of the objectives under the TBT Scheme implemented by agencies and organizations of Ministries, branches and localities;

dd) Reporting the implementation progress of the TBT Scheme to the Ministry of Science and Technology for summing up and reporting to the Prime Minister.

4. Responsibilities of the TBT inter-branch board: implementing the particular tasks, powers as prescribed by the Minister of Science and Technology.

Chapter III

IMPLEMENTATION PROVISIONS

1. This Circular takes effect on November 15, 2011.

2. During the course of implementation, agencies and organizations are recommended to send written feedbacks on the arising difficulties and obstructions to the Ministry of Science and Technology for study, amendment and supplement./.

ANNEX

FRAMEWORK OF THE ACTION PROGRAM FOR IMPLEMENTATION SCHEME OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE PERIOD 2011-2015
(Promulgated together with the Circular No. 24/2011/TT-BKHCN September 30, 2011 by the Minister of Science and Technology )

ACTION PROGRAM FOR IMPLEMENTATION SCHEME OF THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE PERIOD 2011-2015 OF MINISTRY, PROVINCE/CITY ……………………..

I. TARGET

 Implementating scheme of the agreement on technical barriers to trade in the period 2011-2015 approved in the Prime Minister’s Decision No. 682/QD-TTg of October 5, 2011

II. PRIMARY OBJECTIVES AND IMPLEMENTATION SOLUTIONS

 (The objectives of the plan are defined on the basis of the primary objectives under the TBT Scheme in the period 2011-2015 and the compatibility with the particularity of Ministries, branches and localities; in which specifying the work contents, implementation solutions, progress and allocation to agencies and units)

1. Completing the legal foundation for technical barriers to trade activities

a) Reviewing, amending and supplementing the legal documents relating to the application of technical barriers in Vietnam.

b) Studying and applying instruments for improving the quality and efficiency of law enforcement (Methods for assessment of management impacts, practical management regulations, methods for assessment of legal document application efficiency and technical regulations…).

2. Setting up technical measures for applying in export and import in compliance with the provisions in TBT agreement and Vietnam’s law.

a) Studying and proposing the possibility and application of technical measures applied to trade by WTO members in order to boost export, reduce trade deficit and ensure consumers’ health and safety, environmental and ecological protection…

b) Developing and applying technical regulations to “block” the trespass of imported goods of poor quality and protect people, animals, plants and the environment…

c) Developing and applying the goods quality control mechanism in order to block the penetration and circulation of goods of poor quality and unknown origin.

d) Signing treaties or agreements at preshipment inspection or mutual recognition of compatibility assessment results, especially for goods as raw materials and spare parts for production.

dd), Developing a system of quick warning on the risk of unsafety for the imported and domestically produced goods; participating in the system of quick warning for goods qualities among the countries.

3. Supporting enterprises in applying technical measures for improving the production and business efficiency, boosting the export and import.

a) Studying, disseminating and developing different forms of enterprise assistance in overcoming technical barriers in accordance with international conventions, especially the WTO’s provisions.

b) Organizing consultancy channels (online, conferences…) for enterprises on newly-built technical measures or amended and supplemented in the country as well as abroad

c) Forming a consultancy network for enterprises about technical barriers in different markets; solutions to satisfy the market demands and overcome the technical barriers regarding each field or specific commodity

d) Developing the construction consultancy services and applying technical norms and regulations, assessing the compatibility; applying advanced management systems; testing, measuring, assessing, evaluating supervising the quality and the environment…

dd) Implementing activities of enterprise assistance through enterprise assistance programs in boosting productivity and quality, developing intellectual property, innovating new technologies, saving energy…

4. Enhancing the capacity of State management agencies and technical organizations in building and implementing technical measures in trade.

a) Organizing the training, and providing skills of legal document development, updating knowledge of law, trade and TBT for agencies, organizations and experts that participate in building and implementing the policies and law relating to TBT.

b) Providing training in negotiation skills and professional knowledge on TBT for TBT negotiators.

c) Improving the technical capacity of organizations for assessing the compatibility to serve the State management and implement efficiently the provisions on TBT.

5. Maintaining, improving the capacity and efficiency of the TBT inter-branch board and Vietnam TBT network

a) Providing training for members of the TBT inter-branch board and officers of Vietnam TBT networks on legal knowledge, trade and professional skills of TBT…

b) Maintaining the activities of the TBT inter-branch board (studying, proposing policies and solutions to fulfill the obligations prescribed in TBT agreement in Vietnam; participating in TBT activities in the country or abroad…).

c) Cooperating between the agencies in the Vietnam TBT network and relevant agencies, organizations to implement the objectives under the TBT Scheme in the period 2011-2015.

d) Studying and grasping the demand of enterprises, identifying the problems and prioritized subjects in the activities of TBT consultancy, propagations, training and information provisions.

dd) Approaching and utilizing TBT information on trade and investment promotion through annual National program for trade promotion.

e) Arranging personnel, enhancing technical facilities for agencies in the TBT network.

6. Improving the efficiency of the propagations and disseminations of the roles and effects of technical barriers to trade regarding production, business and goods consumption.

a) Setting up TBT programs on television, holding seminars on TBT topics to which the enterprises and consumers are paying attention; publishing news, reports and editorials on TBT; publishing newsletters, fliers introducing TBT, TBT Scheme, the network of TBT agencies and organizations; documents and legal documents of TBT…

b) Building and completing information portals, electronic pages on TBT to meet management requirements and information needs of enterprises and consumers.

c) Holding conferences, seminars, training, propagations and disseminations information on TBT.

III. IMPLEMENTATION ORGANIZATION

1. Responsibilities of agencies and organizations implementing the Scheme.

2. Other provisions of Ministries, branches and localities.