Circular 13/tt-Bkhcn/2012: Rules Of Organisation And Operation Of The Interdisciplinary Committee On Technical Barriers To Trade

Original Language Title: Thông tư 15/2012/TT-BKHCN: Quy định về tổ chức và hoạt động của Ban liên ngành về hàng rào kỹ thuật trong thương mại

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SCIENCE AND TECHNOLOGY
Number: 15 /2012/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 8, 2012

IT ' S SMART

Regulation of the organization and operation of the interdisciplinary Panel on Technical Fences in Commerce

_____________________________

Base of Protocol 28 /2008/NĐ-CP March 14, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Science and Technology;

Decision base No. 682/QĐ-TTg on 10 May 2011 of the Prime Minister approvam the implementation of the Technical Barrier Agreement in the 2011-2015 period trade;

At the suggestion of the General Secretary General of the Standards for Quality Measures;

The Minister of Science and Technology issued a regulatory of the organization and operation of the interdisciplinary board on the technical fences in trade, the company said.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

It provides the functions, duties, powers, organizations, and activities of the Board of the Technical Barriers to Trade (TBT). It ' s called TBT.

What? 2 Subject to apply

This information applies to ministries, peer-to-peer agencies (later collectively known as the Ministry, the relevant sector), the TBT Board members and the agencies, organizations, and individuals involved.

Chapter II

FUNCTIONS, DUTIES AND POWERS

What? 3. The function of the TBT Board

The TBT panel has the functions of staff, advising the Government, and the ministries, which are involved in:

1. Coordinate ensuring the implementation of the regulatory obligations in the Technical Barrier Agreement in the Trade Agreement (known as the TBT Agreement) in Vietnam, particularly in matters related to the policy and enforcement of the TBT Agreement, which is planning to resolve disputes over the issue. Technical fences in trade arise between Vietnam and other member countries of the World Trade Organization (WTO) and vice versa.

2. The implementation implementation of the implementation of the TBT Agreement is approved by the Prime Minister and the coordination of contracts with programs, projects, and projects are related.

What? 4. The mission of the TBT Board

1. Research, Staff, Action Program, and Measure of the Action Programme of the TBT Agreement in Vietnam.

2. Research, the staff, which proposes measures aimed at modifying, compleming, fining the regulations or to address the problem arose during the implementation of the TBT Agreement, at the request of the Technical Committee of Technical Barriers in Trade (TBT Committee) of the WTO, Council. The Ministers of the WTO and of the ministries, the relevant sector.

3. Research, staff, proposes solutions to protect the interests of Vietnam during the course of the implementation of specific obligations specified in the TBT Agreement concerning:

a) The construction, law-making of law that has the element of technical regulation, technical regulation, standards and processes that evaluate the suitcases;

b) The harmoning of national standards with international standards, regions and foreign countries;

c) The participation in the standardization operation and the regional or international compliance assessment systems.

4. Review, the plot, which proposes a measure to handle disputes, complaints about TBT arise among WTO member countries with Vietnam and vice versa.

5. Consider and make a conclusion on interdisciplinary issues as the basis for the implementation of the notification obligation, in response, when there is a proposal by the Office of Information and Asking the country for the Standards of Quality Measures (known as the Vietnam TBT Office).

6. Participate in WTO activities on TBT under the direction of the Ministry of Science and Technology.

7. Coordinate with the agencies, organizations of ministries, the relevant sector implementing the project, the project, and the implementation of the TBT Agreement; supporting the agencies, organizations, localities in the implementation of the TBT Agreement and implementation of the TBT Agreement in the United States. The provinces, the Central City.

8. Practice of the mission of staff, other advice on TBT at the request of the Ministry of Science and Technology and ministries, the relevant sector.

What? 5. The powers of the TBT Panel

1. With access to information, TBT documentation received from the WTO and its agencies, the relevant organization of Vietnam; to attend activities on TBT organizations in domestic and foreign countries.

2. recommendations for the Ministry of Science and Technology or the General Directorate of Quality Measuring Quality Invitations of the experts of organizations, individuals in the country and abroad consultation on specific specialized issues related to TBT.

3. Use the staff and vehicles of the Vietnamese Office of TBT to assist in carrying out the mission.

Chapter III

ORGANIZATIONAL STRUCTURE

What? 6. The organizational structure of the TBT Board

1. Head of the department is representative of the leadership of the Ministry of Science and Technology.

2. The vice president is representative of the General Directorate of Quality Measuring Standards.

3. Secretary of the Secretariat is Director of the Vietnam TBT Office.

4. The other members are representative of the rank or equivalent leadership of the following agencies:

a) Government office;

b) Ministry of Commerce;

c) Ministry of Health;

d) Ministry of Agriculture and Rural Development;

The Ministry of Natural Resources and Environment;

e) Ministry of Information and Communications;

g) Department of Transportation;

h) the Ministry of Construction;

i) Ministry of Labor, Trade and Society;

l) Sports and Tourism Ministry of Culture;

l) Justice Department;

m) Ministry of Finance;

n) Ministry of Science and Technology.

5. The General Directorate of Quality Measures in the Ministry of Science and Technology is the permanent body of the TBT Board, which is responsible for coordinating the activities of the TBT Board through the Vietnam TBT Office, which is based at No. 8 Imperial Road. Vietnam, Bridge District, Hanoi.

6. The TBT Panel Board is used the seal of the Ministry of Science and Technology in official documents that send relevant agencies, organizations and individuals.

What? 7. Head of the Head, Deputy Head, Secretary and Member of the TBT Board.

1. Head of the General Board:

a) Leader of the TBT-based Board of Operations in accordance with the functions, duties and powers prescribed at Articles 3, 4 and 5 of this Information;

b) The direction of the preparation of the issue of discussion issue at the sessions of the TBT Board;

c) Million volumes and presiding over the meetings of the TBT Board;

d) On behalf of the TBT Panel signed the documents sent to organizations, individuals;

The required base of the TBT Committee of the WTO and under the direction of the Ministry of Science and Technology representation of the TBT Joint Board participated in the meetings of the TBT Commission and other WTO-related activities.

2. Deputy Chief:

a) Help the Head in the operation of the operation of the TBT Board and is responsible to the Chief of the Department for the assignment of the assignment of charge;

b) On behalf of the Head of the Executive and to resolve the work of the authority of the Head when the Head is absent.

3. Secretary of the Secretary

The Member's task is specified at paragraph 4 of this and the following tasks:

a) Preparing of documents and other necessary conditions for the meetings of the TBT Board in the direction of the Chief and Deputy Chief;

b) The Secretary for the meetings of the TBT Board;

c) drafting, distributing and saving, preserving the general documents of the TBT Board;

d) A spokesman for the TBT Panel;

In collaboration with the Vietnam TBT Office, the TBT Board members received, addressing the requirements for technical barriers in the trade of the agency, the organization, the individual who was born outside of the sessions;

e) Perform other tasks at the request of the Head of the Board, the Deputy Head of the Committee on the sidelines of the sessions.

4. Members ' mission:

a) Join the full sessions of the TBT Board;

b) The study of documents, which contributed opinions on issues of discussion in the TBT interdisciplinary meeting or to contribute to the knowledge of the Head, the Minister of the required;

c) Watch the deployment of TBT activities in practice and propose issues that need to discuss at the sessions of the TBT Board;

d) Secure the secret document according to the general regulation of the State.

What? 8. The Rights of the TBT Board Member

1. Participate in training classes, training on issues related to TBT; programs, projects aimed at supporting the implementation of the TBT Agreement in Vietnam and other TBT operations in the country and abroad at the request of the Ministry of Science and Technology.

2. Be guaranteed the necessary working conditions for the implementation of the prescribed duties and powers at Article 4 and Article 5 of this Information.

3. To be entitled to the implementation of the public opinion work, the proposal of the methodology, the measure concerning the implementation of the TBT Agreement by state regulation.

What? 9. Convention, Change TBT Board member

The Ministry of Science and Technology issued the decision to recognize, changing the membership of the TBT-based Board based on the basis of the ministry's written proposal, the relevant sector.

Chapter IV

ACTIVITIES AND CONDITIONS

What? 10. TBT Board Decision

The decision of the TBT Panel was adopted in accordance with the principle of consensus. In the absence of consensus, the principle of oversale will be applied.

Members are able to secure their opinions but must accept the TBT-based Board decisions. In the case of the preservation, the recommendations, the proposals of the TBT-based Board when sent to the relevant state agency must be accompanied by the preservation opinion and the solution of that conservation opinion (if necessary).

The proposals, the proposals of the TBT-based Board, are given the authority to consider the use to make their decisions.

What? 11. TBT Board Meeting

1. regular meeting

Regular meetings of the TBT Board Board are held every 2 times a year on the first six months of the year and the last six months of the year. The meeting included reviewing the work program over time, through the program working time to and looking at issues, proposing to arise.

The meeting component includes members of the TBT Board and the organizational representatives, the individual involved. The composition and quantity of the number of the institutions, individuals are involved in the regular meeting due to the Head of the Decision before each meeting.

Documents that serve regular meetings are sent to members of the minimum board a week of work before writing in writing or through electronic means.

2. Breakthrough Meeting

In the case of necessity, the Head of the Board convenes the groundbreaking meetings of the TBT Board. The component of the groundbreaking meeting, depending on the content and scope of the problem to resolve, will be headed by the Head of the Board.

The document serving for the groundbreaking meeting will be sent to members of the TBT-based Board before the meeting via electronic media or provided at the meeting, depending on the issue of the birth.

3. In the case of a member of the TBT-based Board that cannot attend the meeting of the TBT Board, it is possible to authorize others to attend and inform the Secretary of State. The authorized person must embrace the problem of the discussion meeting and have the right to participate in the opinion speech, but there is no voting rights.

4. Report the results of the regular and groundbreaking meetings will be sent to members of the TBT Board, the Ministry of Science and Technology, the ministries, the relevant sector and the organizations, the other relevant individual (if necessary).

What? 12. The responsibility of the ministries, industry, organizations involved

1. The ministries, the industry involved in coordination with the Ministry of Science and Technology to represent the TBT-based Board and facilitate the completion of the membership duties of the TBT-based Board as specified in this Information.

2. Support for the operation of the TBT Board to address the intensive expertise issues directly related to the Ministry, the industry, the organization. At the suggestion of the Chief or in the required case of ministries, the sector, the organization can deliver the specialized body of research, which contributes to the ants.

What? 13. Active Business

The operating budget of the TBT Board is secured with a state budget and can mobilize from other legal sources such as aid, funding, investment of organizations, domestic individuals, foreign countries.

Funding from the state budget for the operation of the TBT interdisciplinary Board is set up in the annual accounting of the Ministry of Science and Technology under the provisions of the State Budget Law.

Chapter V.

EXECUTION CLAUSE

What? 14. The Effect of Private

This message comes into effect from October 1, 2012 and replaces the number decision. 07 /2006/QĐ-BKHCN March 20, 2006, of the Ministry of Technology of the Ministry of Technology of the Ministry of Technology of the Organization for the Organization and Operations of the interdisciplinary Panel on Technical Barriers in Trade.

What? 15. Organization to execute

In the course of the course of the process, if there is difficulty, entanging organs, nests, officials, individuals reflect timely text in the Ministry of Science and Technology to study, modify, complement the ./.

KT. MINISTER.
Chief.

(signed)

Vietnam Chen.