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Circular 37/2009/tt-Bnnptnt: Manual Operation In The Field Of Technical Standards Of The Ministry Of Agriculture And Rural Development.

Original Language Title: Thông tư 37/2009/TT-BNNPTNT: Hướng dẫn hoạt động trong lĩnh vực tiêu chuẩn kỹ thuật thuộc Bộ Nông nghiệp và Phát triển nông thôn

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CIRCULAR guide activities in the field of technical standards of the Ministry of agriculture and rural development _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree 1/2008/ND-CP on January 3rd, 2008 by government regulation functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to the law of standards and technical regulation on June 29, 2006;
Pursuant to decree 127/2007/ND-CP on 1st August 2007 detailing the Government's implementation of some articles of the law on technical regulation and standards;
Base circular 01/2007/TT-BKHCN on September 28, 2007 of the Ministry of science and technology guidance on the construction and application of the standards;
The Ministry of agriculture and rural development operational guide in the field of technical standards as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guides the planning, building, planning, reviewing additions, replacements and recommend the cancellation of the national standard of the areas under the responsibility of the Ministry of agriculture and rural development.         
Article 2. Application object 1. This circular applies to the Bureau, and the organizations and individuals involved in the construction process, verify, and apply national technical standards in the scope of management of the Ministry of agriculture and rural development.
2. In the case of industry, that international treaties of the Republic of Vietnam's Socialist Members have other rules with this circular shall apply the provisions of The international treaties/.
Article 3. National standard objects 1. The production, processing, harvesting, processing, storage, transportation of agricultural products, forestry products, salt, cattle, and poultry slaughtering.
2. Plant breeding, livestock breeds.
3. agricultural and forestry materials, fertilizers, livestock feed.
4. plant protection, animal health, plant quarantine, the animals.
5. Irrigation, Dyke.
6. service in the field of agriculture and rural development.
7. safety, hygiene and food fisheries, aquatic food exports, aquaculture, aquatic veterinary medicines, chemicals, biological products used in aquaculture, aquatic varieties.
8. safety, hygiene in the production process from the cultivation, extraction, processing, preserving, transporting of fisheries.
9. fishing tools, the equipment requires strict requirements regarding safety in the fisheries sector.
10. services in the field of fisheries.
Chapter II planning, BUILDING PLANS National STANDARDS 4. Construction planning of national standards 1. Construction planning of national standards of the Ministry of agriculture and rural development (hereinafter abbreviated as the standard agriculture planning) is systematic, uniform, consistent with the strategy for socio-economic development of the country; strategy, development of disciplines and fields of activities.
2. The content of the standard planning for the agricultural sector include: the majors, the field, the object need to build national standards; the total number of national standards for each specialization, areas, objects; the roadmap; resources to meet the requirements of the national standards for each stage; the measures taken.
3. Establishment and approval of the planning of agricultural industry standard a) base strategy, professional development planning, the organization chaired the Bureau anticipates building planning of national standards in the fields of specialization are assigned management;
Scheduled planning specialization includes the content specified in section 1 Annex I attached to this circular;
Send the draft planning professional standards to agencies, organizations, individuals and relevant announcements on the website (the website) or magazines, publications of the Department and of the Department for comments. Time taking comments on draft at least 30 days from the date the draft;
General, handle comments, complete draft standard planning specialization and send about science, technology and the environment. 
b) science, technology and environment: draft general standard planning of the agricultural sector on the basis of the draft planning specialization of the Directorate and the Ministry to turn to the Ministry of science and technology evaluation;
The draft master plan for agricultural industry standards including the content specified in section 2 Annex I attached to this circular.
4. standard planning of agriculture have been approved can be adjusted and supplemented according to needs or change of orientation, socio-economic development strategy of the national social strategy, planning and development of the industry. Order and procedure of adjustment, planning additional agricultural standards is made according to the provisions in paragraph 3 of this article.
Article 5. The 5-year plan to build national standards 1. The 5-year plan to build a national standard agricultural industry must conform to standard planning of agriculture was approved; meet the needs of production, business development, requirements management, international integration; matching the level of scientific and technological development of countries.
2. content of the 5 year plan to build the national agricultural industry standards including: field, specific audience need to build national standards; standard type; the number of national standards should be developed; execution time; funding sources and funding expected; agencies, organizations, personal recommendations.
3. Establish, approve, adjust, Supplement five-year plans to build national standards is done according to the following steps: a) Created the draft five-year plan in the second quarter of last year, the 5-year planning period, the Department, in collaboration with organizations and individuals concerned held up construction plan draft national standards for the next 5 years in the field his industry on the basis of production requirements, governance, planning of agricultural industry standards has been approved (if available);
The draft five-year plan to build a national standard and professional include the content specified in section 1 annex II attached to this Information;
Send the draft five-year plan to build specialized national standards to organisations and individuals involved and informed on the website (the website) or magazines, publications of the Department and of the Department for comments. The time retrieved comments for at least 30 days from the date the draft;
General, handle comments, complete the enclosed draft a presentation to the science, technology and the environment to the General Ministry to turn to the Ministry of science and technology evaluation and approval.
b) adjust, Supplement Plan 5-year plan to build the national agricultural industry standards can be adapted and supplemented as proposed by the Bureau;
The adjustment, the 5-year plan in addition follow the sequence specified in point a of paragraph 3 of this article.
Article 6. Annual construction plans national standards 1. Annual construction plan.
The annual construction plans of the national agricultural industry standards to match the 5 year plan. The annual plan includes the content of the proposed new building, modification, Supplement, replace, cancel national standards;
a) second quarter of each year, based on the 5-year plan, the requirements of the production, management, organizations, individuals proposed the task of building the technical standards of the Bureau of management by sector assigned in article 12 of this circular; the Directorate, in collaboration with the parties concerned held the construction plans for the following year; 
Content of annual construction plans national standards including: name national standards need to build sorted by standard fields; name of organization compiled the draft; execution time; draft construction methods (accepts international standards; build new; additional amendments); the projected expenditure and source of funds; agencies, organizations, individuals proposed building standards; Tentative plans to build a national standard for the following year was created according to the form prescribed in section 1 Appendix III attached to this circular;
The project to build a national standard was set according to the form prescribed in annex IV attached to this circular;
Submit the draft plan to the Agency, unit, organisation got involved and informed on the website (the website) or magazines, publications of the Department and of the Department for comments. The time retrieved comments for at least 30 days from the date the draft;
General, handling of comments and complete the draft plan attached to the construction projects of each national standards posted on Science, technology and the environment.
b) science, technology and Environment Ministry, the plan General to send the Ministry of science and technology evaluation, approval.
2. annual plan a) based on the annual plan of national standards has been approved, the Bureau of the host;
Six-month periodic, irregular at the request of the Ministry of agriculture and rural development, the Department reported The situation and the results of the plan;
b) science, technology and the environment in General, The report on the situation and the results.
3. Adjust the supplement plan a) annual construction plans national standards can be adapted and supplemented as proposed by the Bureau;
b) adjusting, additional annual construction plans national standards must be made before 1 July of the year of the plan;
c) science, technology and Environment Ministry to send the General Ministry of science and technology;
d) special case, due to the requirements of statesmanship or production needs, business, sequence, procedure, additional adjustment plan to build national standards is done by decision of the Minister of science and technology.
Chapter III the order STANDARD BUILD PROCEDURE article 7 COUNTRIES. The sequence of steps to build national standard draft 1. Step 1: Drafting Committee established Under specific conditions, the institutions, the unit was tasked with chairing the drafting national standards must be established drafting Committee to draft national standards.
2. Step 2: compilation of draft national standards drafting Committee performs the following tasks: a) the preparation of the compilation of draft:

Collect, synthesize, evaluate the implementation of the normative law relevant to the project to build national standards; 
Survey, evaluate the real situation concerning the management object and the main content of the project to build a national standard (if necessary);
Research information, material related to the project to build national standards;
Through a detailed outline of the project construction of national standards attached to frame the content of the draft national standards as defined in article 13 of this circular;
Other related work.
b) deploy the compiled draft national standards: compilation of the draft on the basis of the approved content frame and write captions for the draft; 
The Organization of conferences, seminars, opinions of experts and stakeholders with regard to the draft national standards;
Research, receiving comments, editing the draft, to post up the site opinions extensively.
3. Step 3: complete and the draft national standard a) Submit draft national standards accompanied by captions to agencies, organizations, individuals, relevant notification on the website (the website) or the magazines, publication of specialized management and Bureau of the Ministry of agriculture and rural development to get comments time, please comments for the draft for at least 60 days from the date the draft.
b) On the basis of these opinions, the Committee drafted the handling, acquiring, complete draft, prepare draft national standards as specified in clause 5 of this article and the specialized Administration held trials.
4. Step 4: verify a national standard) specialized administration organizations collecting the national standards project and submit the record of science, technology and the environment to verify it. 
b) science, technology and the environment are responsible for verification, the inspection results and transfer of records to draft national standards to the Ministry of science and technology to the evaluation and publication. 
The case of the draft national standards do not meet the requirements according to the content of the evaluation of the science and Technology Ministry, the Directorate is responsible for chairing the organization process and complete the draft national standards.
5. The profile draft national standards include: a) the decision given the task of building the draft national standards, the project to build a national standard was approved;
b) reported construction process to draft national standards;
c) draft national standards have been finalized on the basis of comments (including the draft text and electronic copies), accompanied by a presentation; a copy of the original document is used as a base to build the draft national standards; the other reference material;
d) list of agencies, organizations, individuals were sent to draft opinions; a general and receiving comments attached to the comment text;
DD) The suggested draft evaluation and publication of national standards;
e) minutes of experience project (grassroots and the Bureau), acquire text comments trials;
g) The text, other documents related to the processing of the comments (if any).
Article 8. Layout, presenting The national standard content presentation and show the content of national standards is done according to ISO 1-2:2008.
Chapter IV REVIEWING periodically, MODIFY, Supplement, REPLACE, CANCEL the National STANDARD 9. Review periodically national standards 1. Each year, the Department based on the directory of national standards to the 3-year period to review periodically, to put on annual construction plans national standards and submit the list of national standards need to scrutinize the science, technology and the environment to the synthesis of The Ministry of science and technology evaluation , for approval.
2. The Bureau of the organization chaired the implementation of periodic review of national standards in the category by following these steps: a) submitted comments to the Agency, organization or individuals involved;
b) synthesis, handle comments, profile your results set national standards as a basis for the formulation of the annual plans of national standards;
c) set the record and report your results periodically accompanied by captions.
3. your profile periodically to national standards including: a) the Sheets of the Bureau about your results and recommendations;
b) A receiving comments and suggestions of the agencies, organizations, individuals concerned;
c) other related documents (if any).
4. complete Bureau records and into your results to include in the annual plan.
Article 10. Modify, Supplement, replace national standards 1. The amendment, Supplement, replace national standards must be put to the annual construction plans of the national standards.
2. The amendment, Supplement, replace national standards made under the order, the corresponding procedure prescribed in article 7 of this circular.
3. The result of the amendment, Supplement, replace national standards is the decision announced a revised, additional national standards or national standards announced instead.
Article 11. Cancel national standards 1. To base your results periodically, the Bureau suggested record-setting national standards Send cancellation Service of science, technology and environment to aggregate and process to transfer to the Ministry of science and technology evaluation and cancel.
2. The records suggest cancelling national standards include: a) is A proposed national standard cancellations;
b) text recommended cancellation of national standards of professional management Bureau under the Ministry of agriculture and rural development;
c) General comments of units, organizations and individuals concerned about the annulment of national standards in the process of reviewing;
d) A presentation (the reason, the legal basis, the scientific basis);
DD) other related documents (if any).
Chapter V IMPLEMENTATION article 12. Assigned tasks 1. The specialized administration a) quality management Bureau of agriculture forestry and fisheries: General provisions on quality management, agriculture and forestry fisheries; Seafood market clues; safe, hygienic food, aquatic product export;
b) Bureau of aquaculture: aquaculture; aquatic varieties; food, raw materials, food additives, probiotics, water quality in aquaculture; aquaculture environment;
c) mining Bureau and protection of fisheries resources: exploitation, technical and environmental safety of fishing vessel, fishing port; anchoring zone stay of fishing vessel; close, the fishing vessel, safety equipment manufacturing and mining equipment installation, use on the fishing vessel; conservation, protection and development of aquatic resources;
d) Directorate of agricultural production and salt: the conditions of processing facilities, transportation, agriculture and forestry preservation fisheries and salt; Salt products; machines and equipment for production in the agricultural sector; conditions of guarantee and quality, food safety and hygiene products and salt;
cultivation Asmed): seed, crops, fertilizers; ensure product quality, food safety, the environment and service in the process of production of plant growing;
e) Plant Protection Department: quarantine, plant protection, medicine and raw materials for drug production, plant protection, plant protection drugs packaging, preservatives of agricultural products, forestry products;
g) Department of livestock: breeding, agricultural, animal feed and feed ingredients, preservatives used in livestock feed, the probiotics livestock service; specialized materials, livestock husbandry, environment in breeding condition, quality assurance and food safety hygiene of livestock; services in the livestock production process;
h) forestry: the forest development Bureau, use of forest, plant seeds, forestry products, goods and forestry products;
I): forest management and forest protection;
j) animal health: prevention of animal epidemics; animal quarantine; medicine and veterinary medicine raw materials; veterinary hygiene conditions;
k) irrigation Bureau: exploitation, use and protection of irrigation works; water supply and drainage; water management in irrigation;
l) construction management Bureau: construction of irrigation works;
m) Title Department Manager and flooding prevention: dykes, the prevention of floods, storms;
2. Science, technology and environment, general planning, the 5-year plan and The annual funding allocation, and verifies the project to build the technical standards the Ministry moved to the Ministry of science and technology evaluation.
3. individual organizations are responsible for coordinating with the Department specialized in the planning, organization and planning of building national technical standards.
Article 13. Responsibility 1. The responsibilities of the specialized Agency in the field of standards-a) is responsible for planning, annual and 5 year plan, scrutinize, revise, Supplement, replace and proposed rescission of national technical standards; approve, estimation, testing technical standards in the project field is assigned;
b) implementation standard work plan was delivered by sector is assigned and periodic 6 month and annual or irregular reports on Ministry;
c) active participation in international cooperation on implementation of national standards;
2. Science, technology cooperation with the Directorate and the organizations and individuals involved in the work of popular standards.
Article 14. Funding of activities in the field of technical standards 1. Cost of the standard include: establishing the draft master plan, 5 year plan, annual plan; reviewing; conversion; standard construction; release and popularity;
2. the cost of the standard was deployed from its State budget for science and technology activities and other funding sources of the Ministry of agriculture and rural development; the support of the Organization, individuals in and outside the country.
Chapter VI article 15 ENFORCEMENT TERMS. Effective enforcement of this circular are enforceable after 45 days from the date of signing; the previous provisions contrary to this regulation was abolished.
In the process of implementation of this circular, if there are problems and obstacles, the agencies, organizations, individuals in time of reflection for the Ministry of agriculture and rural development to research additional amendments./.