RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/VNM/47 
3 October 2006 
 
 (06-4716) 
Working Party on the 
Accession of Viet Nam Original:   English 
 
 
 
ACCESSION OF VIET NAM 
 
Additional Questions and Replies  
 
 
 The following submission, dated 29 September 2006, is being circulated at the request of the 
Delegation of the Socialist Republic of Viet Nam.   
_______________ WT/ACC/VNM/47 
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  - Technical barriers to trade 
Question 1 Paragraph 278:  What does the highlighted phrase mean?  Is this the enforcement of technical 
regulations developed by other Ministries?  Pre or post-market surveillance?  Please clarify. 
Answer:
 
The (first) highlighted phrase m eans post-market surveillance. 
Question 2 
Paragraph 278:  Are "standards" considered le gal documents?  Is the distinction that 
STAMEQ does not have the power to issue "legally binding" documents? 
Answer:  
According to the 1999 Ordinance on Goods Quality , mandatory "standards" are considered legal 
documents. Most of Viet Nam's national standards are voluntary and a small number of them are mandatory (see also the first phrase of paragraph 284). 
However, according to the newly promulgated La w on Standards and Technical Regulations, from 
1 January 2007, all Viet Nam's standards will be voluntary. Consequently, the previous mandatory 
standards should be converted to technical regulations. 
In accordance with the Law on the Enactment of  Legal Normative Documents, STAMEQ has no 
power to issue legal documents. 
Question 3 
Paragraph 278:  refers to the need for STAMEQ to ensure "conformity with" Viet Nam's laws.  
Precisely what is being examined here for "confo rmity with" Viet Nam's laws?  Please clarify. 
Answer:
 
The text herein mentions a role of STAMEQ, amo ng others, is to ensure accreditation/certification 
bodies to operate in compliance with Viet Nam's la ws (through their "Statutes of organization and 
operation") and the relevant international sta ndards/recommendations (through their Schemes of 
accreditation/certification which have been adopted th e relevant international standards or guides). 
Question 4 Paragraph 278:  Please update to reflect prog ress, if any, towards the establishment of a 
National Accreditation Council.  In the absence of such progress or other concrete plans, we 
would suggest deleting these sentences as speculation. 
Answer:
 
The Decree No. 179/2004/ND-CP dated 21 October 2004 provided for the establishment of a National 
Accreditation Council.  However, as the newl y promulgated Law on Standards and Technical 
Regulations does not contain such provision, it wo uld be appropriate to delete these sentences as 
suggested.  WT/ACC/VNM/47 
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  Question 5 
Paragraph 279:  Please clarify whether the new Law will supersede the various Ordinances, 
Decrees and Decisions referenced here.  It would al so be helpful to note its date of entry into 
force and which Ministry is responsible fo r overseeing implementation of the Law. 
Answer:  
The newly promulgated Law on Standards and Tec hnical Regulations will supersede only those 
provisions of the mentioned Ordinances, Decrees and D ecisions if such provisions are contrary to its 
provisions. 
The Law on Standards and Technical Regulations  will take effect as from 1 January 2007.  
The Ministry of Science and Technology is responsible for overseeing the implementation of this 
Law. 
Question 6 
Paragraph 280:  Is the Ordinance on Goods Qua lity still valid after the implementation of the 
new Law?  If not, please update this sentence. 
Answer:  
Only those provisions of the Ordinance on Goods Quality which are contrary to the newly 
promulgated Law's provisions will be superseded.  The other provisions of the Ordinance, for 
example, provisions relating to goods quality inspec tion, remain valid after the implementation of the 
Law. 
Question 7 
Paragraph 282:  Does STAMEQ, in fact, post its work programme on the Internet, as stated in 
this paragraph?  It is not curren tly available on the English site. 
Answer:  
The work programme of STAMEQ has been posted on the Internet but only in Vietnamese version. 
The English version may be introduced after Viet  Nam's National standards body accepts the Code of 
Good Practice on Preparation, Adoption and Appl ication of Standards of the TBT Agreement 
(Annex 3). 
Question 8 
Paragraph 283 (general):  Please clarify the rel ationship between the Law on Standards and 
Technical Regulations and the Law on the Promulgation of Legal Documents. 
Answer:  
In principle, the Law on Standards and Technical  Regulations should conform to the Law on the 
Enactment of Legal Normative Documents with resp ect to the promulgation of technical regulations. 
However, as the Law on Standards and Technical Regul ations is a specialized law, there are issues 
mentioned therein but not in the Law on the Enactme nt of Legal Normative Documents.  The Law on 
Standards and Technical Regulations should nevert heless comply with the provisions of the TBT WT/ACC/VNM/47 
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  Agreement with respect to transpar ency obligations such as notificati on, date of entry into force of 
proposed technical regulations. 
Question 9 
Paragraph 283:  Is this reference to annual review still valid?  Article 32 of the new Law 
indicates technical regulations shall be reviewed "periodically once every five years and earlier 
if necessary." 
Answer:
 
The first highlighted phrase of paragraph 283 reflected the fact that work programmes on 
development and review of legal documents are a nnually planned by ministries.  In accordance with 
Article 35.1 of the newly promulga ted Law on Standards and Technical Regulations, we would like to 
suggest to replace the sentence containing the first hi ghlighted phrase by the foll owing:  "The agency 
issuing technical regulations shall review techni cal regulations periodically once every five years 
since the date of issuance or earlier if necessary." 
Question 10 
Paragraph 283:  Please clarify the relationship of these decrees to the Law on Standards and 
Technical Regulations. 
Answer:  
The Government Decree No. 104/2004/ND-CP of 23  March 2004 on the Official Gazette of Viet Nam 
(and thus its implementing Circular  No. 04/2005/TT-VPCP of 21 March 2005) is to guide the relevant 
agencies in posting their promulgated and proposed le gal documents in the Official Gazette.  The Law 
on Standards and Technical Regulations provides for transparency provisions of proposed and 
promulgated technical regulations. Therefore the re lationship between the Decree, Circular and the 
Law is in implementing transparency provisions of the Law on the Enactment of Legal Normative 
Documents and the Law on Standards and Technical Regulations. 
Question 11 
Paragraph 283:  What is meant by "representatives of stakeholders"?  Is this any interested 
person or are there limitations of some kind? 
Answer:  
In accordance with Article 32 of the Law on Standard s and Technical Regulations, the agency issuing 
technical regulations shall "organize the devel opment of the technical regulations with the 
involvement of representatives from State mana gement agencies, scientific and technological 
organizations, enterprises, other relevant agenci es, consumers and experts" and "publicize draft 
technical regulations for public comments from or ganizations, individuals concerned, to arrange 
workshop with participation of stakeholders for co llection of comment on the drafts".  Accordingly, 
representatives of related stakeholders may either  participate in drafting committees of technical 
regulations or otherwise make comments on the public ized draft technical regulations to the agency 
issuing technical regulations directly or via workshops for comment collection.  WT/ACC/VNM/47 
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  Question 12 
Paragraph 284:  What is the relationship of  quality inspection and certification to technical 
regulations and conformity a ssessment under the new Law?  Is our understanding correct that 
as new technical regulations are developed, they would supersede existing quality inspection 
and certification?  Please clarify.   
Answer:  
The Law on Standards and Technical Regulations cont ains provisions of certification.  Accordingly, 
any provisions relating to certification in the Ordi nance on Goods Quality which are contrary to the 
new Law will be superseded. 
However, as the new Law does not contain provision s of quality inspection, all provisions relating to 
quality inspection in the Ordinance on Goods Quality remain valid.   
For your reference, please refer to Article 4 of the Law on Standards and Technical Regulations which 
states that: "Where it is otherwise stipulated on st andards and technical regulations in this Law and 
other laws, then the provisions hereof shall prevail". 
Question 13 
Paragraph 285 (general):  Similar to our questio ns regarding  paragraph 284 – How does safety 
inspection relate to technical regulations and co nformity assessment under the new Law?  Is our 
understanding correct that as new technical re gulations are developed, they would supersede 
existing safety certification? 
Answer:  
The issue is currently being considered durin g preparing the legal document to guide the 
implementation of the Law on Standards and Te chnical Regulations.  Whether existing safety 
certification is superseded or not by new technical  regulations under the new Law will be clarified 
upon the entry into force of the new Law on 1 January 2007. 
In fact, safety certification has not been carried out  since early 2000 due to the late promulgation of 
the Government's legal documents guiding the impl ementation of the Ordinance on Goods Quality. 
Question 14 Paragraph 285:  The new Law contains provision s for "declaration of conformity."  Please 
clarify the relationship between the existing D ecision and the new requirements foreseen under 
the Law, and how those relate to the current IS O Standard 17050 on supplier's declaration of 
conformity. 
Answer:
 
The basic content of the provisions relating to decl aration of conformity in the Ordinance of Goods 
Quality remains, in principle, preserved in the newly promulgated Law on Standards and Technical 
Regulations but more clarification has been provided.  
The current regulations on declaration of confor mity were based on ISO/IEC Guide 22.  Guidelines 
on declaration of conformity under the purview of  the Law on Standards and Technical Regulations, 
if issued, will be in conform ity with ISO/IEC Standard 17050,  which replaces ISO/IEC Guide 22. WT/ACC/VNM/47 
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  Question 15 
Paragraph 285:  The first sentence of this paragraph indicates that electrical and electronic 
products are subject to safety certification.  Su bsequently in this paragraph it is noted that 
electrical products require a supplier's declaration of conformity.  Please clarify the distinction. 
Answer:
 
The reason for subjecting electrical and electronic equipment which requires safety guarantee to both 
procedures of safety certification and declaration of c onformity is that general electrical and electronic 
equipment is all subject to procedures of declarati on of conformity but some electrical and electronic 
equipment that are prone to higher risk is subject to safety certification.  
Question 16 
Paragraph 285:  What is the status of this review? Answer:
 
Guidelines on declaration of conformity in acco rdance with the Law on Standards and Technical 
regulations are currently being drafted.  Accordingly,  the review shall be incorporated in the drafting 
process. 
Question 17 Paragraph 286:  This statement is confusing, given that reference has just been made to a list of 
goods subject to mandatory inspection, and that  the next paragraph elaborates procedures for 
State quality inspection.  We suggest it be deleted and there be clarification of the difference, if any, between goods subject to mandatory qu ality inspection pursuant to the Ordinance 
referenced here, and State quality inspection de tailed in paragraph 287.   Paragraph 287 
continues to make reference to mandatory registration. 
Answer:
 
We agree with your suggestion to delete th e third sentence in paragraph 286 to avoid any 
misunderstanding with the registration of quality inspection described in the highlighted phrase in 
paragraph 287. 
Registration of quality inspection has not been carried out since 2001 and the current legislation on 
standards and technical regulations does not  either provide for this procedure. 
Question 18 
Paragraph 286:  The answer does not respond to the question raised by the Member.  Please 
revise and provide a response. 
Answer:  
Line ministries are involved in the inspection for quality/conformity testing of imported goods 
because they either are mandated by the Government to  do so or have technical infrastructure to fulfil 
the inspection/testing.  WT/ACC/VNM/47 
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  Question 19 
Paragraph 287:  Is this the "registration" wh ich paragraph 286 indicates has been abolished 
since 2001?  Drafting is confusing and needs to be revised to reflect current reality. 
Answer:  
Deletion of the first highlighted phrase in paragr aph 286 (referring to "mandatory registration of 
product quality") would help to avoid misunderstand ing with "registration of (or in other words, 
application for) quality inspection", mentioned in this paragraph. 
Question 20 
Paragraph 288:  Please be more specific.  There is not a single "APEC MRA"; there are several. 
Answer:  
Viet Nam is a participant of the following MRAs:  
− APEC:  MRAs on electrical and electronic e quipment, telecommunication equipment; and 
− ASEAN:  MRA on electrical and electronic equipment, MRA on telecommunication 
equipment and the Agreement on the ASEAN Harmonized Electrical and Electronic Equipment Regulatory Regime. 
Question 21 
Paragraph 289:  Will this situation change with the implementation of the new Law? 
Answer:
 
This situation will not change with the implem entation of the Law on Standards and Technical 
Regulations.  Please refer to Article 57 of the Law for more details. 
Question 22 
Paragraph 290:  This statement is unclear becau se it lacks appropriate context.  Please clarify. 
Answer:  
We agree with your comment. Compulsory certifica tion mainly targets at high-risk subjects and the 
New Approach of EU (by directives of EC) seems to follow this direction.  For clarity, the highlighted 
phrase should be deleted. 
Question 23 
Paragraph 290:  This statement refers to comp liance of new standards, technical regulations 
and conformity assessment procedures with th e TBT Agreement.  Can Vietnam confirm that 
existing standards, technical regulations and co nformity assessment proc edures will also comply 
with the obligations of the Agreement from the date of accession? WT/ACC/VNM/47 
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  Answer:
 
We would like first to reaffirm that Viet Nam will apply the Agreement on Technical Barriers to 
Trade from the date of accession.  In that case, dele tion of word "new" in seventh line from the top of 
paragraph 290 is accepted. 
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