RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/VNM/47/Add.1
12 October 2006 
 (06-4913) 
Working Party on the 
Accession of Viet Nam Original:   English 
 
 
 
ACCESSION OF VIET NAM 
 
Additional Questions and Replies  
 
Addendum  
  
 The following submission, dated 9 October 2006, is being circulated at the request of the Delegation of the Socialist Republic of Viet Nam. 
 
 
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  WT/ACC/VNM/47/Add.1 
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 Question 1 
It is our understanding that Viet Nam is now developing a Government decree and Ministerial 
guidance to implement the Law.  It would be extremely helpful for the Working Party members 
to be given the opportunity to review any decrees and guidance which will be used to implement 
the Law, as well as the final Law, adopted in June 2006.  
Answer
: 
We would like to thank for the detailed comment s of Working Party Members on the draft Law on 
Standards and Technical Regulations.  In the process of drafting this Law, Viet Na m has sought for comments from Members and these 
comments have been taken into consideration.  The new Law on Standards and Technical Regulations 
has now been passed and will enter into force as of 1 January 2007.  We are now in the early stage of drafting the Gove rnment's Decree guiding the implementation of the 
Law.  Any comments on the Decree would be forwar ded to the drafting board of the Decree and will 
be taken into account. 
 Viet Nam is ready to share the draft Decree for re view by all stakeholders.  At present, the drafting 
board of the Decree is still working on the first draf t.  In practice, draft Decrees can only be provided 
to the Working Party Members when they are su bmitted to the Government.  However, as the Law 
would only enter into force in 2007, the draft Decree is  expected to be submitted to the Government in 
the beginning of November 2006. 
Question 2 
It is also our understanding that Viet Nam's Mini stry of Science and Technology is preparing a 
draft Law on Quality Management which is cu rrently being reviewed by the Government and 
which will be submitted to the National Asse mbly (established October 2006).  It would be 
helpful to know what the purpose of this Law is  and its scope and coverage so as to assess 
possible implications for WTO compliance. 
Answer
: 
The Law on Standards and Technical Regulations re gulates most of the issues covered by the 1999 
Ordinance on Goods Quality.  However, some issues  in the 1999 Ordinance are not covered by this 
Law.  Therefore, Viet Nam's National Assembly ha d decided to include a bill of Law on Quality of 
Products and Goods in the 2006 Legislative Program.  According to this Program, this Law will be 
considered for the purposes of approval at the S ession of the National Assembly in June 2007. 
  The purpose of the Law on Quality of Products and G oods is to regulate the issues that were covered 
by the Ordinance but not covered by the Law on St andards and Technical Regulations such as quality 
policy, quality management activities, rights and oblig ations of organizations , individuals regarding 
the quality, dispute settlement and compen sation for damages caused by poor quality. 
 This Law will be applied to producers, businesses,  users of products/goods as well others who deal 
with quality management activities in Viet Nam.  WT/ACC/VNM/47/Add.1 
 Page 3 
 
 
 Question 3 
"Order and Procedures for Development, Apprai sal, Adoption and Publication of National 
Standard" (Article 16) and "Approval of Technical Regulations" (Article 30). 
Can Viet Nam confirm that the publication of a notice of a draft standard will be addressed in 
the future Government decree and/or Ministerial guidance or otherwise provide clarification of 
how it will meet its WTO TBT obligations?  
Answer : 
This is now regulated by Articles 17 and 32 r espectively of the Law on Standards and Technical 
Regulations approved on 29  June 2006 (hereafter referred as the 2006 Law). 
Viet Nam confirms that the publication of a notice of  a draft standard will be addressed in the future 
Government decree and/or Ministerial guidance. 
Question 4 
Will these additional documents also clarify when  (i.e., when a draft text is available) such 
notice will be published and an opportunity fo r written comments provided? (In contrast, 
Article 27.2 makes it clear that technical regulations will be published for comment before 
approval, but it does not make clear when this will happen and who is responsible). 
Answer : 
It will be clarified in the future Government decree and/or Ministerial guidance.  
Question 5 
Will the guidance clarify what is to be done with the comments once they are collected, e.g., 
whether and how agencies and/or the technica l committee are to evaluate the comments 
received and take them into consideration before a fi nal is adopted; what steps are to be taken if 
negative comments and/or opposing views are r eceived, etc.?  (Similar questions arise in the 
process of developing technical regulations thou gh Article 30.1 (c) makes explicit that the 
approving agency shall take into  account the comments received). 
Answer : 
This will be further clarified in the Government  decree and/or Ministerial guidance in compliance 
with provisions of paragraph N in the Code of Good Practice of the TBT Agreement, Annex 3. 
Question 6 
Article 30.1 (b) indicates that the agency develo ping a technical regulation shall organize the 
collection of comments from relevant organizations and individuals.  How will these agencies determine whether an organization or individual is "relevant"?   
Answer
: 
Term "relevant" here is understood as parties who are impacted by, and dealt with, this technical 
regulation. WT/ACC/VNM/47/Add.1 
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 Question 7 
According to Article 16, the Ministry of Sc ience and Technology will establish a council for 
appraisal of draft national standards.  
Answer
: 
This is now regulated by Article 17 of the 2006 Law. Question 8 Will the future Government decree and/or Mini sterial guidance elaborate the role of this 
Council (or the Ministry of Science and Techno logy for technical regulations, per Article 30) 
and the criteria by which it will judge standards or technical regulations as favourable/unfavourable? 
Answer
: 
The role of this Council and criteria of appraisal ar e specified in clauses 1d, 2d and 3b of Article 17 
and Article 18; and clause 1d of Article  32 and Article 33 of the 2006 Law.  
Question 9 
Article 16 for Standards and Article 30 for Tec hnical Regulations contain important provisions 
for at least 60 days for public comment with exceptions for "urgent cases of health, safety, 
environment or national security." 
Could Viet Nam confirm that if the period of  time for comment is shortened due to such 
reasons, WTO members will be notified immedi ately as provided in the TBT Agreement? 
Answer : 
Viet Nam confirms that this requirement will be fu lfilled as requested by the TBT Agreement.  Please 
refer also clause 1c, Ar ticle 4 in Decision No. 114/2005/QD-TTg of 26 May 2005 (already provided 
to the Working Party.) 
Question 10 
"Order and Procedures of Development, Pub lication, Revision, Amendment, Supplement and 
Withdrawal of Organization's Standards" (Article 18). 
This Article notes that for organization's (other than the Ministry of Science and Technology), 
such procedures will be carried out by guidelines of the Ministry of Science and Technology.  
Answer : 
This is now regulated by Article 20 of the 2006 Law. The term "organization's" in "organization's sta ndards" specified in Law is understood in a broader 
sense as compared to those given in the 1999 Or dinance on Goods Quality.  This term in the 
Ordinance implies "businesses'" (i.e., producers, trader s) such as in "company's standards".  However, 
in order to encourage more organizations of all types to implement ISO/IEC 9000, clause 3 of  WT/ACC/VNM/47/Add.1 
 Page 5 
 
 
 Article 11 in the 2006 Law lists the types of or ganizations who may develop and declare their 
standards. 
Question 11 
Is our understanding correct that these guidelines are under development?  It will be important 
for Working Party members to review them so as to  confirm that procedural obligations in the 
TBT Agreement will be met. 
Answer : 
The guidance of Ministry of Science and Technol ogy as specified clause 3 of Article 11 of the 
2006 Law for development and declaration of th eir standards is aimed at encouraging more 
organizations to use ISO Directive in devel opment of standards under their own process of 
preparation of their "organization's standards" in  conformity with their organization's quality policy 
and for their internal use. As su ch, this document (e.g. the guidance) is not legally binding.  
Question 12 
In the event that a standard is found to be co ntrary to other relevant standard(s) (as indicated 
in Articles 18.2), is it the Ministry of Science and Technology or another ministry which is 
responsible to resolve the problem?  Is there, or  will there be, a similar obligation with respect 
to technical regulations? 
Answer : 
"Standard" as defined in the TBT Agreement is volun tary.  Therefore, organization's standard may be 
different from the other related standards.  Howeve r, if organization's standards on products/goods for 
which there exist the requirements by the State ag encies on aspects such as saf ety, hygiene, health, 
environment protection (as legitimate objectives specif ied in Article 2.2 of the TBT Agreement), they 
should comply with them.  If not, they shall be ha ndled by the appropriate authorities, depending on 
form and extent of violation. 
Question 13 
Is there, or will there be, a similar obligation (to th at in Article 18.2) with respect to conformity 
assessment procedures?  In the event that the co nformity assessment required by one agency's 
technical regulation is found to be either co ntrary to, or duplicative of, the conformity 
assessment requirements of another agency's technical regulation, is it the Ministry of Science and Technology or another ministry which is responsible for resolving the problem? 
Answer
: 
If conformity assessment procedures specified in different technical regulations are detected as 
contrary or duplicative, Ministry of Science and Technology and/or the relevant ministries will take 
action to resolve the problem (in these cases they  function under provisions specified in clause 2e, 
Article 59 and clause 1e, Article 60 of the 2006 Law. 
Question 14 
Notification, Dissemination, Registration, Pu blication and Distribution of Technical 
Regulations" (Article 33).   WT/ACC/VNM/47/Add.1 
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 This Article does not make clear which author ity is responsible for publishing notice of a 
proposed technical regulation or co nformity assessment procedure.   
Answer
: 
This is now regulated by Article 36 of the 2006 Law. Agencies that are responsible for publishing notice of a proposed technical regulation or conformity 
assessment procedure are specified in Article 27 of the 2006 Law.  This publication is carried out 
under clause 2, Article 29 and clause 1b, Article 32 of the 2006 Law. 
Question 15 
Could Viet Nam clarify who is responsible fo r publishing notice of proposed technical 
regulations and conformity assessment procedures? 
Answer
: 
It will be further clarified in the Governme nt decree and/or Ministerial guidance.  
Question 16 
Please clarify the relationship to the Law on the Promulgation of Legal Documents and the 
Government Decree No. 104/2004/ND-CP (23 March 2004) and Circular No. 04/2005/TT-VPCP 
(21 March 2005) reference in paragraph 283 of the Working Party report. 
Answer : 
The Government Decree No. 104/2004/ND-CP ( 23 March 2004) and Circular No. 04/2005/TT-VPCP 
(21 March 2005) provide for the regulations implem enting the Law relating to the Official Gazette. 
Question 17 
"Declaration of Conformity" (Articles 43 and 46). 
The use of a "declaration of conformity" for st andards (Article 43) and technical regulations 
(Article 46) requires suppliers to "register" the form at a State authorized agency.   
Answer : 
This is now regulated by clause 2, Article 45 and clause 2, Article 48 respectively of the 2006 Law. 
Question 18 
What is the purpose of registration and what are the procedures? Answer
: 
This registration simply acts as a notice of declar ation.  This helps post- market surveillance or 
consideration of consumer's complaints.  Procedures are simple as follows:  the filled-in declaration 
form is sent and there will be a confirmati on of receipt by the appropriate agency.  WT/ACC/VNM/47/Add.1 
 Page 7 
 
 
 Question 19 
Are there fees associated with registration? 
Answer : 
No fee is charged. 
Question 20 
Art 43 indicates that the declaration of conformity  for a standard can be based on the results of 
assessment by a manufacturer or a third party.  Article 46 limits declarations of conformity to technical regulations to third parties desi gnated by government authorities.   
We are concerned that the use of the term "decla ration of conformity" with respect to technical 
regulations is misleading.  As defined by Viet Nam and ISO/IEC 17050, a declaration of 
conformity is made by a responsible individual or organization, i.e., it is an attestation by the 
first party.  In contrast, Article 46 of Viet Nam' s Law describes a third-party attestation.  Please 
clarify.  
Answer
: 
ISO/IEC 17050 in paragraph 3 of the Introduction men tions that specified requirements with which 
declaration of conformity may be made include standards, guides, technical specifications, laws and 
regulations and that declaration of  conformity may refer to the results of assessments of one or more 
first, second and third parties.  However, declara tion based on the results of assessments of second or 
third parties may not reduce the responsibility of suppliers for their declared products. 
Question 21 
"Rights and Obligations of Organizations and Individuals who request a CoC to Standard 
(Article 42) or Technical Regulation (Article 45). 
Answer : 
This is now regulated by Article 46 and 49 respectively of the 2006 Law. 
Question 22 
Article 42.2(d) and Article 45.2(e) refer to paymen ts for conformity certification.  How will the 
cost of such payments or fees be determined? 
Answer : 
This is now regulated by clause 2d of Article 46 a nd 2e of Article 49 respectively of the 2006 Law. 
The costs of payments are based on the services rendered. 
Question 23 
Recognition of Conformity Assessment Results. 
The TBT Agreement requi res Members to "...ensure, when ever possible, that results of 
conformity assessment pr ocedures in other Members are accepted ... provided they are satisfied WT/ACC/VNM/47/Add.1 
Page 8  
 
 that those procedures offer an assurance of confor mity with applicable technical regulations or 
standards equivalent to their own procedures." 
We are concerned that Viet Nam's Law fails to provide meaningful options for the recognition 
of testing and certification performed by compet ent bodies located in the territories of other 
Members.  Articles 44 and 47, for example, limit  an authority's ability to designate conformity 
assessment bodies to only those bodies located in Viet Nam.  Please explain the rationale for this 
limitation.  What opportunities exist for conformi ty assessment bodies located in other countries 
to demonstrate their competence and be design ated for purposes of assessing conformity to 
technical regulations?  
Answer
: 
This does not mean that Viet Nam limits foreign bodies in providing such services.  
The forms for the acceptance of testing results or cer tification by foreign organizations described in 
Paragraph 294 of the Draft Report, including un ilateral acceptance are still effective after the 
promulgation of the 2006 Law.  Clause 2 of Article 4 of the 2006 Law states:  "Where it is otherwise 
stipulated on standards and technical regulations in  this Law and international agreements to which 
Viet Nam is a signatory, then the provisions of such international treaty shall prevail". 
Question 24 
In response to questions raised in the Workin g Party, Viet Nam indicated it provides many 
forms for the acceptance of testing results or cert ification by foreign organizations, including 
unilateral acceptance.  Please clarify whether th is will change as a result of the new Law. 
Answer : 
As explained above, this will not ch ange as a result of the new Law. 
Question 25 
Accreditation and Mutual Recognition (Articles 54 and 55). Article 54 indicates that "priority" will be gi ven to using conformity assessment results from 
accredited bodies "upon request of State management." 
Answer
: 
This is now regulated by Articles 56 and 57 respectively of the 2006 Law. Accreditation of competence of conformity assessment bodies are encouraged by international 
conformity assessment systems.  Therefore, accredite d bodies as specified in this Law may, as others, 
have the right to request the relevant authorities to  use the results of their assessment for works of 
these authorities.  The acceptance of use or not de pends on these authorities.  The translation "upon 
request of State management" does not closely refl ect the nature of Vietnamese text and therefore 
have led to this misunderstanding.  The phrase "upon request of State management" should be 
translated as "for the needs of the State manageme nt" or "for the needs of these State agencies".  WT/ACC/VNM/47/Add.1 
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 Question 26 
Please clarify what this means and how Vi et Nam will meet its obligation for non-
discrimination.  Will competent conformity asse ssment bodies located in other countries have 
the opportunity to be accredited by Viet Nam or will Viet Nam recognize the accreditation 
performed by other bodies?  Viet Nam has indi cated it recognizes the competence of bodies who 
are signatories to the APLAC and IL AC MRAs will this remain the case? 
Answer : 
According to Article 57 of the 2006 Law, Viet Nam does not discriminate between domestic and 
foreign bodies.  Foreign bodies may apply for accreditation by Viet Nam.  Viet Nam also recognizes other accreditation bodies such as in case of APLAC and ILAC MRAs to which VILAS (Viet Nam 
Laboratory Accreditation Scheme) is a signatory. 
Question 27 
It appears that the only vehicle by which the results of conformity assessment performed by 
bodies in other countries can be recognized under the new Law is by concluding an additional 
agreement with Viet Nam which requires recipr ocal acceptance of conformity assessment 
results. 
Answer
: 
Article 57 of the 2006 Law does not use the term "reci procal" but "mutual".  So for existing MRAs to 
which Viet Nam is a signatory, there is no  requirement for additional arrangements. 
Question 28 
Please clarify what opportunities exist for the acceptance of conformity assessment results from 
bodies located in another Member if that other Member's regulation is not "reciprocal" i.e., it 
does not require the submission of test data or certification. 
Answer : 
If regimes of acceptance of the results of conf ormity assessments differ between Viet Nam and 
counterpart countries, two parties will consult each  other based on mutual arrangements in meeting 
the objective of facilitation of trade of each party. 
Question 29 
Transparency in the Development and Applic ation of Conformity Assessment Procedures. 
The TBT Agreement contains obligations parallel  to those requiring transparency in the 
development and application of standards and t echnical regulations.  Viet Nam's Law contains 
elements of transparency for the developmen t and adoption of standards and technical 
regulations, but no parallel provisions for transp arency in the development and adoption of 
conformity assessment procedures. 
Answer : 
Generally, transparency principles dealing with conformity assessment procedures are specified in 
Article 40 of the 2006 Law. WT/ACC/VNM/47/Add.1 
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 Conformity assessment procedures as mandatory  to follow might be understood as technical 
regulations, so the development of such procedur es should abide by transparency regulations in 
development of technical regulations. 
Question 30 
Please clarify how Viet Nam will be able to fu lfil its WTO obligations concerning transparency 
with respect to conformity assessment procedures. 
Answer
: 
Transparency obligation for technical regulations  and conformity assessment procedures has already 
been provided for in the Prime Minister's Decision No 114/2005/QD-TTg of 26 May 2005 on the establishment and the issuance charter of organiza tion and operation of the notification and enquiry 
network on TBT. 
Question 31 
Please clarify the relationship to the Law on the Promulgation of Legal Documents and the 
Government Decree No. 104/2004/ND-CP (23 March 2004) and Circular No. 04/2005/TT-VPCP (21 March 2005) reference in paragraph 283 of the Working Party report. 
Answer
: 
The Government Decree No. 104/2004/ND-CP ( 23 March 2004) and Circular No. 04/2005/TT-VPCP 
(21 March 2005) provide for the regulations implem enting the Law relating to the Official Gazette. 
Question 32 
"Responsibilities of the Ministry of Science and Technology" (Article 57). This Article identifies a number of guidelines under the responsibility of this Ministry which are 
"to be provided": 
− guidelines for development and application of national standards, 
− guidelines for the application of internationa l standards, regional standards and foreign 
standards, 
− guidelines for development and implementation of the appraisal work for draft technical 
regulations; 
− guidelines for conformity assessment activities; and, 
− legal guidelines concerning standardization. 
Answer
: 
This is now regulated by Article 59 of the 2006 Law. Question 33 Do these guidelines currently exist or are dr afts available for review by Working Party 
members?  If not, is there a time frame for their development and implementation?  WT/ACC/VNM/47/Add.1 
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 Answer : 
At present, these guidelines are being drafted by differe nt drafting boards. It is expected that these 
drafts should be submitted to Minister of Science and Technology in the end of October 2006 for the 
next steps of development of these documents. 
Question 34 
"Inspection of Standardization" (Article 62). 
Please clarify whether and how inspection relat es to conformity assessment and assurance 
procedures previously articulated in the La w.  Article 62 makes reference to "inspection 
legislation."  Is there a specific Law related to inspect ion that exists or is in preparation?  Please 
clarify.  Is "inspection of standardization" po st-market surveillance of product conformity to 
declared standards and/or technical regulations?  
Answer : 
This is now regulated by Article 64 of the 2006 Law. Inspection legislations do exist.  Inspection activity in the field of standards and technical regulations 
mainly deals with inspection, su rveillance in the market on conformity of the products with the 
declared standards and technical regulations. 
Question 35 
"Transitional Provisions" (Article 67). Article 67 indicates that branch standards will be  considered for being converted into national 
standards or technical regulations, and stat e management mandatory measures as possible 
technical regulations, and that "the Gov ernment shall provide for the conversion." 
As a practical matter, what does this mean?  W ill the potential conversion include a process for 
public comment?  Is there a time frame for the review?  
Answer
: 
This is now regulated by Article 69 of the 2006 Law. In the conversion from branch standards into Na tional Standards, comments will be taken into 
account. 
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