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Decision 444/qd-Ttg Dated: Approving The Project Of Developing Certain Technical Barriers Hiệnhiệp In Trade

Original Language Title: Quyết định 444/QĐ-TTg: Về việc phê duyệt Đề án triển khai thực hiệnHiệp định hàng rào kỹ thuật trong thương mại

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Decision on the approval of the project implementation agreement technical barrier in trade _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Considering the recommendation of the Minister of science and technology, the DECISION: article 1. Approval of the project implementation agreement technical barriers to trade (hereinafter referred to as the TBT Agreement) with the following principal contents: 1. Target a) conduct of the work of preparing to implement a fully the obligations of the agreement on TBT from the time Vietnam joined the World Trade Organization (WTO) and sustain the implementation of this agreement in the process of Vietnam is a member of this organization to develop trade relations with WTO member countries, at the same time meet the objective of socio-economic development, international economic integration of the party and the State.
b) ensure system of technical regulation, standardization and conformity assessment procedures with the law of Vietnam, at the same time meet the basic principles of the TBT agreement, including the principle of non-discrimination, does not hinder trade and transparency in the process of building and enforcement.
c) strengthens the coordination of actions between the ministries and localities in the implementation of the TBT agreement in Vietnam to implement the obligations of the Treaty and ensure the legitimate interests of the country.
d) raise awareness of ministries, sectors and localities, particularly of enterprises to take advantage of the opportunities and deal with the challenges arising from the WTO in General and the implementation of the TBT agreement in particular.
2. The specific tasks of a) improve the system of technical regulation.
Reviewing the legal documents regulating the technical characteristics of the products, goods or processes and production methods related to the properties and the terms related to the subject application, scope and effect, meet the principles and basic requirements of the law of Vietnam on legal texts and The TBT agreement.
On the basis of your results, ministries, sectors and localities to conduct modified the text not yet fit and construction of additional new text consistent with the jurisdiction to enact legal text.
b) perfecting the standard system of Vietnam.
Build and review the standard system Vietnam (TCVN) and industry standards (BC) in order to gradually harmonize levels of this system with the international system on the basis of ensuring the overall benefits of social-economy and enhance the competitiveness of enterprises when Vietnam becomes a member of the WTO.
c) strengthen conformity assessment activities with the technical regulation and standards.
The conformity assessment activities must be planned and conducted in a way that has the key, avoid duplication, and inefficiency; at the same time consistent with the instructions of the relevant international organizations in order to serve good governance requirements for the quality of products, goods as well as business, manufacturing requirements.
d) founded the interdisciplinary Committee on technical barriers to trade (hereinafter referred to as the interdisciplinary Committee on TBT).
The interdisciplinary Committee on TBT have the duty to advise the Ministry of science and technology and other State agencies in the coordination measures to guarantee the implementation of the obligations of the agreement on TBT in Vietnam, particularly the problems related to the mechanism of enforcement of the agreement, dispute resolution staff on technical barriers in trade between the countries of the with Vietnam and between Vietnam with other Member countries.
The composition of the interdisciplinary Committee on TBT include:-head of representative leadership of the Ministry of science and technology;
-Deputy Chief Representative leadership Directorate for standards and quality;
-Membership Secretary: Director Office of notifications and national enquiry Points on quality measurement standards (TBT Vietnam Office);
-Other members: leadership-level representation Service or the equivalent of ministries: trade; Industry; Culture-information; Post and telecommunications; Construction; Of labour, invalids and Social Affairs; Resources and the environment; Traffic and transport; Agriculture and rural development; Fisheries; Of health; Justice; Finance; Science and technology; Government offices.
In case of necessity, interdisciplinary Committee on TBT can invite experts of organizations, individuals in foreign countries and consultations on issues of specific expertise.
DD) established the network of agency announcements and questions about Vietnam's point of the fence technique in trade (the TBT network in Vietnam).
Formation of networks providing information assurance Office for TBT Vietnam implemented the provisions on transparency of the TBT agreement aims to:-ensure information for TBT Office Vietnam inform the WTO member countries (through the WTO's TBT Committee) about the technical documents , the conformity assessment procedures are about to enact potentially hinders trade between the Member countries of the WTO;
-Provide information and answers to issues related to the technical fence in range management to submit for stakeholders in the country and abroad.
e) propaganda, disseminated the Convention is an INTERNATIONAL TREATY and related issues. The Ministry of science and technology, in cooperation with the ministries and local construction and implementation of the annual program of advocacy, dissemination and training on the TBT agreement under the guidance of the National Committee of international economic cooperation.
Ensure awareness of the levels and sectors, particularly businesses, consumers about the opportunities and challenges when implementing TBT agreements in Vietnam, on the basis that actively make use of the opportunities and deal with the challenge to develop production, business , protect the legitimate interests of consumers.
Article 2. Measures and progress 1. Implementation of a measure) for the system of technical regulation. The amendments and supplements of the law directly affects the techniques to the process of negotiations to join the WTO must be completed before January 15, 2005.
Ministries, sectors and localities before the promulgation of the regulation according to the technical authority should have the consent of the Ministry of science and technology in order to avoid conflicts about technical content.
With regard to the legal techniques that the amendments, supplements depends on laws and ordinances, the progress of the modification, the addition of this text to follow the progress of the modification, additional laws or Ordinance respectively.
The Ministry of science and technology have the responsibility to materialize your criteria as a basis for the ministries and local check were unified.
b) for standard system of Vietnam.
The Ministry of science and technology, in cooperation with the ministries concerned to perfect the standard system of Vietnam before 31 December 2009, secured the removal of obsolete standards, does not meet the requirements of State management for quality, manufacturing requirements, business and does not conform with international practices; review and construction of the new standard in the direction of harmonization with international or regional standards to facilitate trade, promote exports, meet the national interests, including the increasing demand of consumers in the country for the quality of products, goods and services.
The ministries concerned in collaboration with the Ministry of science and technology the industry standard systems for the areas to be assigned to management, which aims to eliminate the outdated standards or overlapping, inconsistent with the goals of management, considering the ability to incrementally upgrade industry standards into Vietnam standards.

The State Agency must strengthen Vietnam using standard or industry standards (when there is no corresponding ISO) as a base for the construction of the legal documents issued by its technical service for the purpose of management in the field is assigned.
c) for conformity assessment activities with the technical regulation and standards. The Ministry of science and technology, in cooperation with the ministries concerned to prepare the project of the active organization reviews the fit Prime before 31 December 2005.
Ministries, sectors and localities on the basis of the project of the active organization reviews the fit to be Prime Minister for approval, deployment, the mobilization of resources, investment in strengthening the capacity of material, technical service of the conformity assessment activities in our country.
The Ministry of science and technology, in cooperation with the relevant control functions at the gate the Prime research before 31 December 2005 methods to control and prevent poor quality goods entered the Vietnam market, just protect the interests of the enterprises business in the country, the consumer rights protection has just created favorable conditions for the import of goods production and consumption in the country.
The Ministry of science and technology, in cooperation with the ministries concerned to study the measures which promote the negotiation, conclusion and implementation of the agreement or the agreement of mutual acknowledgment of quality and standards with WTO member countries to contribute to better support the favourable trade between Vietnam and countries.
d) propaganda, the dissemination of the Convention is an INTERNATIONAL TREATY and related issues to focus on the following forms:-common knowledge integration in General and about the TBT agreement at the Conference and on the mass media, the electronic page and newsletter;
-Building materials, training curriculum and intensive training on knowledge about TBT and standardization activities, management of measurement and quality management.
2. The progress of project implementation from 2005 to 2010 with specific progress as follows: a) 2005: make the content of work in order to promote negotiations and accession of Vietnam to the WTO.
b) 2006-2007: continued implementation of the content to ensure the full implementation of the TBT agreement.
c) 2008: summary of 2 years project, reviews the impact of the implementation of the TBT agreement with respect to the production and trade, to propose the necessary recommendations.
d) 2010: summarizing five years done project.
Article 3. Project funding 1. The Ministry of science and technology, in cooperation with the Ministry of planning and investment, Ministry of finance estimating the overall cost of implementing the project of implementation of the agreement on technical barriers to trade in accordance with the law on the State budget, is completed before 15 July 2005.
2. Annually, based on the overall expenditure estimates, the Finance Ministry with the Ministry of science and technology determine the funding from the central budget to implement the project; additional priority funding in 2005 to implement the project to serve the WTO negotiations by the end of 2005.
3. project expenditure for the next year: from the State budget and the technical assistance of international organizations, foreign countries (if available).
Article 4. Enforceable decisions have effect after 15 days from the date The report.
Article 5. Responsibility 1. The Minister of science and technology responsible to the Prime Minister on the implementation of the project.
2. The Ministry of science and technology, in cooperation with the ministries of the relevant draft regulation on organization and operation of the network of agency announcements and FAQ's Point. Vietnam about technical barrier in trade the Prime Minister issued before 30 May 2005.
The Ministry of science and technology, in cooperation with the ministries involved formulate and enact regulations of the interdisciplinary Committee on TBT; established, this Committee support work function.
The Ministry of finance, in cooperation with the Ministry of science and technology and the Ministry of industry-related research, build and issued before 31 December 2005 specified forms, fees, order currency, filed charges against management and operations FAQ on TBT by bodies in notify agency network and the FAQ on TBT implementation.
The Ministry of science and technology have the responsibility to guide and urge the ministries, ministerial agencies and people's committees of provinces and cities under central implementing this scheme; six month report the Prime project deployment results.
3. Ministers, heads of ministerial agencies concerned and the Chairman of the people's committees of provinces and cities under central organization, and examined the implementation of the project according to the content requirements and the progress of the project.
4. In the process of implementation of the scheme, if those inadequacies, the ministries and localities to actively discuss with the Ministry of science and technology to find remedies; in case of non-unity of opinion, must promptly report the prime consideration, decided to./.