On May 16, 2018, the Government issued Decree No.78/2018/ND-CP amending and supplementing a number of articles of the Government’s Decree No.127/2007/ND-CP dated 01/8/2007 detailing the implementation of a number of articles of the Law on standards and technical regulations. The Decree took effect since July 1, 2018.
Accordingly, Decree No.78/2018/ND-CP stipulated the general requirements in setting up standards and technical regulations as follows:
– There must be representatives of management agencies, associations, enterprises, scientific and technological organizations, consumers and related specialists.
– Adherence to the principle of consensus on the basis of discussion, public comment, and democracy.
– The system of national technical regulations and local technical regulations must be consistent with international treaties which Vietnam has signed or acceded to.
– Prioritize the set of technical regulations adjusting the group of similar objects in terms of technical characteristics and management requirements.
– Prescribes management measures and limits on the technical characteristics of products, goods, services, processes and environment directly serving the State management requirements in order to ensure safety and hygiene, environment, healthy; protection of animals and plants; protect the interests and national security, the legitimate rights and interests of consumers; to respect the rights to production and business of organizations and individuals.
– The contents of national technical regulations are invoked to other national technical standards, national standards, international standards, regional standards and foreign standards.
– In case of recourse to international standards, regional standards or foreign standards for technical requirements, the promulgating agency shall have to ensure that the Vietnamese version of the referring documents is available to individuals and groups can be referenced when requested.
– When elaborating technical regulations, they must review the provisions on recognition of equivalence, ensuring compliance with international treaties which Vietnam has signed or acceded to.
In cases where technical regulations are capable of creating technical barriers to international trade, the promulgating agency shall have to send the draft technical regulation to the Ministry of Science and Technology for sending international comments according to the provisions of treaties to which Vietnam is a signatory or participant.
With detailed and specific regulations, Decree No.78/2018/ND-CP provides the basis for ministries, departments and agencies to set up standards and technical regulations, thereby ensuring publicity, transparency and uniformity in State management activities and not to create barriers to international trade.
