On the morning of August 20, continuing the 36th Session, under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, the National Assembly Standing Committee gave opinions on the draft Law amending and supplementing a number of articles of the Law on Technical Standards and Regulations.
Focus on 6 main content groups
Presenting the Report on the draft Law, Minister of Science and Technology Huynh Thanh Dat said that after more than 17 years of implementation, the Law on Standards and Technical Regulations has improved both quality and quantity of activities in the field of standards and technical regulations; assigned authority, responsibility and coordination between agencies and organizations transparently, in accordance with WTO regulations and international practices, contributing to promoting the improvement of productivity, quality, production and business capacity of enterprises, and promoting the export of key goods of Vietnam.
In response to the requirements of socio-economic development and international integration, our Party has issued many documents and resolutions directing the institutionalization of the innovation policy in the field of standards and technical regulations. At the same time, the implementation practice in recent times has shown that the Law on Standards and Technical Regulations has encountered some limitations and shortcomings, requiring amendments to comply with the commitments in the new generation Free Trade Agreement (FTA), meeting the objective requirements of production and business practices in order to enhance national competitiveness and develop a sustainable socio-economy.
According to Minister Huynh Thanh Dat, the purpose of promulgating the Law is to institutionalize the Party's guidelines and policies and the State's policies in the field of standards and technical regulations; to enhance the effectiveness and efficiency of state management activities on standards and technical regulations.
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Minister of Science and Technology Huynh Thanh Dat presents the Proposal on the draft Law. (Photo: DUY LINH) |
At the same time, ensure a system of standards and technical regulations that effectively serve state management activities, production and business activities of enterprises; ensure safety, hygiene and human health; protect animals, plants and the environment; protect national interests and security, and consumer rights in accordance with the spirit of the 2013 Constitution.
Along with that, absorb and internalize international commitments, ensure compatibility between legal regulations on standards, technical regulations and conformity assessment with new generation FTAs that Vietnam has signed, especially regulations related to transparency, minimizing technical barriers in trade, and trade facilitation.
After amendments and supplements, the Law on Technical Standards and Regulations has 6 chapters and 66 articles (1 chapter and 5 articles less than the current Law). The amendments and supplements focus on 6 main groups of contents in the policies approved by the Government.
Specifically, policy 1: Ensure the promotion of deep international integration and full implementation of international commitments on transparency requirements.
Policy 2: Promote socialization of activities in building, disseminating and applying standards.
Policy 3: Enhance the effectiveness of conformity assessment activities.
Policy 4: Complete regulations on principles, subjects, bases, order, procedures for developing, appraising, and promulgating Vietnamese Standards (TCVN), and promulgating Technical Regulations (QCVN/QCĐP); improve the effectiveness of building and managing basic standards in a more rigorous manner.
Policy 5: Facilitate access to information on standards and technical regulations, while ensuring effectiveness and compliance with legal regulations and international treaties in the management, use and exploitation of standards.
Policy 6: Strengthen decentralization, delegation of authority, and coordination among ministries, between central and local agencies; innovate mechanisms and policies to attract and train human resources working in standards and technical regulations; improve the effectiveness of organization and operation of national standards technical committees.
Meeting the requirements of transparency in implementing FTAs
Examining the draft Law, Chairman of the Committee for Science, Technology and Environment Le Quang Huy affirmed that the Standing Committee of the Committee basically agreed with the necessity of developing the draft Law for the reasons stated in the Government's Submission. The draft Law dossier basically meets the requirements under the Law on Promulgation of Legal Documents, and is eligible to be submitted to the National Assembly for consideration and comments.
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Chairman of the Committee on Science, Technology and Environment Le Quang Huy presented the verification report at the meeting. (Photo: DUY LINH) |
Regarding conformity assessment, declaration of conformity, and declaration of conformity, the Standing Committee of the Committee basically agrees with the amendment of regulations on conformity assessment activities to meet the requirements of transparency in the implementation of FTAs. However, the draft Law needs to study and supplement regulations on the operating conditions of conformity assessment organizations to ensure the competitiveness, objectivity, and effectiveness of these activities, especially the activities of certifying conformity and regulations.
The Standing Committee of the Committee agrees with the regulation on unilateral recognition of conformity assessment results of international and foreign organizations as an optimal solution to remove difficulties in production, business, import and export of enterprises in the current situation for some emerging technology fields where domestic resources cannot meet market demand, promoting the socialization of testing, certification, and appraisal activities, in accordance with international practices.
However, some opinions say that this is a new regulation and needs to be specifically regulated to guide ministries and branches in implementing unilateral recognition of conformity assessment results to effectively serve state management activities.
Regarding the announcement of conformity, the draft Law has added regulations on testing for certification by certification organizations; self-assessment of conformity by organizations and individuals is carried out at designated testing organizations or recognized testing results; and added 1 more measure for announcing conformity based on recognized certification results (Article 57).
The Standing Committee of the Science, Technology and Environment Committee believes that the adjustment and addition of the above regulations is consistent with the commitment to transparency in the FTAs of which Vietnam is a member, meeting the requirements of practical management.
Regarding the construction, appraisal and promulgation of TCVNs according to the simplified procedures, the Standing Committee of the Committee agrees with the necessity of supplementing regulations on the simplified procedures in the construction, appraisal and promulgation of TCVNs to suit practical requirements. However, it is recommended to clearly define the cases of application of "unscheduled; urgent; urgent; illegal TCVNs" to facilitate application; consider regulating the criteria for applying the simplified procedures in "cases where TCVNs and QCVNs are no longer suitable for the socio-economic development situation"; clearly stipulate the procedures for abolishing TCVNs and the procedures for appraising the abolition of TCVNs.
Source: https://nhandan.vn/sua-doi-luat-tieu-chuan-va-quy-chuan-ky-thuat-de-phu-hop-voi-cac-cam-ket-trong-fta-post825740.html
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