LAW ON TECHNICAL REGULATIONS AND STANDARDS
OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM NO. 68/2006/QH11 DATED JUNE 29, 2006
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the 10th National Assembly , 10th session;
This Law provides for technical standards and regulations.
CHAPTER I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law regulates the activities of developing, promulgating and applying standards; developing, promulgating and applying technical regulations; and assessing conformity with standards and technical regulations.
Article 2. Subjects of application
This Law applies to Vietnamese organizations and individuals, foreign organizations and individuals, and Vietnamese people residing abroad who have activities related to technical standards and regulations in Vietnam.
Article 3. Interpretation of terms
In this Law, the following terms are construed as follows:
1. Standards are regulations on technical characteristics and management requirements used as standards to classify and evaluate products, goods, services, processes, environments and other objects in socio-economic activities to improve the quality and efficiency of these objects.
A standard published in written form by an organization for voluntary application.
2. Technical regulations are regulations on the limits of technical characteristics and management requirements that products, goods, services, processes, the environment and other objects in socio-economic activities must comply with to ensure safety, hygiene and human health; protect animals, plants and the environment; protect national interests and security, consumer rights and other essential requirements.
Technical regulations are issued in written form by competent state agencies for mandatory application.
3. Activities in the field of standards are the development, publication and application of standards, and assessment of conformity with standards.
4. Activities in the field of technical regulations are the development, promulgation and application of technical regulations and assessment of conformity with technical regulations.
5. Conformity assessment is the determination of the objects of activities in the field of standards and the objects of activities in the field of technical regulations in accordance with the technical characteristics and management requirements specified in the corresponding standards and technical regulations.
Conformity assessment includes testing, calibration, inspection, certification of conformity, certification of conformity, declaration of conformity, declaration of conformity, recognition of the capacity of testing laboratories, calibration laboratories, conformity certification organizations, and inspection organizations.
6. Conformity certification is the confirmation that the subject of activities in the field of standards is in accordance with the corresponding standards.
7. Conformity certification is the confirmation that the subject of activities in the field of technical regulations is in accordance with the corresponding technical regulations.
8. Declaration of conformity is the act of an organization or individual self-declaring that the subject of its activities in the field of standards is in accordance with the corresponding standards.
9. Declaration of conformity is the act of an organization or individual self-declaring that the subject of an activity in the field of technical regulations is in accordance with the corresponding technical regulations.
10. Accreditation is the confirmation that a testing laboratory, calibration laboratory, conformity certification organization, or inspection organization has the capacity to comply with the relevant standards.
Article 4. Application of law
1. In case of any discrepancy between the provisions of this Law and the provisions of other laws on technical standards and regulations, the provisions of this Law shall apply.
2. In case an international treaty to which the Socialist Republic of Vietnam is a member has provisions different from those of this Law, the provisions of that international treaty shall apply.
Article 5. Subjects of activities in the field of standards and subjects of activities in the field of technical regulations
1. Subjects of activities in the field of standards and subjects of activities in the field of technical regulations include:
a) Products, goods;
b) Services;
c) Process;
d) Environment;
d) Other subjects in socio-economic activities.
2. The Government shall specify in detail the subjects of activities in the field of standards and the subjects of activities in the field of technical regulations.
Article 6. Basic principles of activities in the field of standards and technical regulations
1. Technical standards and regulations must ensure improvement of the quality and efficiency of socio-economic activities, and enhancement of the competitiveness of products, goods and services in domestic and international markets.
2. Technical standards and regulations must meet requirements on safety, national security, hygiene, human health, legitimate rights and interests of relevant parties, protection of animals, plants, the environment and rational use of natural resources.
3. Activities in the field of standards and technical regulations must ensure publicity, transparency, non-discrimination and no unnecessary obstacles to production, business and trade activities. The development of standards must ensure the participation and consensus of relevant parties.
4. The development of technical standards and regulations must:
a) Based on scientific and technological advances, practical experience, current needs and socio-economic development trends;
b) Use international standards, regional standards, and foreign standards as the basis for developing technical standards and regulations, except in cases where such standards are not suitable for the geographical, climatic, technical, and technological characteristics of Vietnam or affect national interests;
c) Prioritize regulations on product and goods functionality; limit regulations on descriptive or detailed design requirements;
d) Ensure the consistency of Vietnam's standards system and technical regulations system.
Article 7. State policy on developing activities in the field of standards and technical regulations
1. Focus on investing in building material and technical facilities and training human resources to serve state management of activities in the field of standards and technical regulations.
2. Support and promote research, application of science and technology development to serve activities in the field of standards and technical regulations.
3. Encourage domestic organizations and individuals, foreign organizations and individuals, and Vietnamese people residing abroad to participate in the development and application of technical standards and regulations, invest in developing activities in the field of standards and technical regulations in Vietnam, and provide training on knowledge of standards and technical regulations for economic and technical sectors.
Article 8. International cooperation on standards and technical regulations
1. The State encourages expanding cooperation with countries, territories, international organizations, regional organizations, foreign organizations and individuals on technical standards and regulations; seeking assistance from countries, territories, international organizations, regional organizations, foreign organizations and individuals on the basis of ensuring the principles of independence, sovereignty, territorial integrity, equality and mutual benefit.
2. The State creates conditions and takes measures to promote the signing of bilateral and multilateral agreements on mutual recognition of conformity assessment results to facilitate the development of trade between Vietnam and other countries and territories.
Article 9. Prohibited acts
1. Taking advantage of activities in the field of standards and technical regulations to obstruct, cause trouble or harassment to the production, business and commercial activities of organizations and individuals.
2. False information, advertising and other fraudulent acts in activities in the field of standards and technical regulations.
3. Taking advantage of activities in the field of standards and technical regulations to harm national interests, defense, security, social order and safety.
CHAPTER II
DEVELOPMENT, PUBLICATION AND APPLICATION OF STANDARDS
Article 10. System of standards and standard symbols
Vietnam's system of standards and standard symbols includes:
1. National standards, symbol TCVN;
2. Basic standards, symbol is TCCS.
Article 11. Responsibility for developing, appraising and promulgating standards
1. Ministers, Heads of ministerial-level agencies, and Heads of Government agencies shall organize the development of draft national standards and request appraisal and promulgation of national standards.
2. The Minister of Science and Technology organizes the appraisal of draft national standards and promulgates national standards.
3. Organizations that develop and publish basic standards include:
a) Economic organization;
b) State agencies;
c) Public service unit;
d) Social and professional organizations.
Article 12. Standard types
1. Basic standards specify characteristics and requirements that are generally applicable to a wide range or contain general provisions for a specific field.
2. Terminology standards prescribe names and definitions for objects of activities in the field of standards.
3. Technical requirements standards stipulate levels, criteria and requirements for the subjects of activities in the field of standards.
4. Testing method standards stipulate sampling methods, measurement methods, determination methods, analysis methods, inspection methods, testing methods, and appraisal methods for levels, indicators, and requirements for subjects of activities in the field of standards.
5. Labeling, packaging, transportation and storage standards prescribe requirements for labeling, packaging, transportation and storage of products and goods.
Article 13. Basis for developing standards
The standards are developed based on one or more of the following:
1. International standards, regional standards, foreign standards;
2. Results of scientific and technological research, technical progress;
3. Practical experience;
4. Results of assessment, testing, inspection, examination and appraisal.
Article 14. Planning and plans for developing national standards
1. National standards development planning and plans include five-year planning and plans and annual plans established on the following basis:
a) Requirements for socio-economic development;
b) Proposal of organizations and individuals.
2. The planning and plan for developing national standards shall be chaired by the Ministry of Science and Technology, in coordination with relevant ministries, ministerial-level agencies, and government agencies, and shall be organized and publicly announced to solicit public opinions before approval.
The Ministry of Science and Technology approves the planning and plans for developing national standards and publicly announces such planning and plans within thirty days from the date of approval.
3. In case of necessity, the planning and plans for national standards development shall be amended and supplemented according to the decision of the Minister of Science and Technology. The amendment and supplement of the planning and plans for national standards development shall be implemented according to the provisions in Clause 2 of this Article.
Article 15. Rights of organizations and individuals participating in the development of national standards
1. Propose and give opinions on planning and plans for developing national standards.
2. Preside over the compilation or participate in the compilation of draft national standards to propose the Ministry of Science and Technology to organize appraisal and promulgation.
3. Comments on draft national standards.
Article 16. National technical standards committee
1. The National Standards Technical Committee is a technical advisory organization established by the Ministry of Science and Technology for each field of standards.
2. Members of the national technical standards committee include representatives of state agencies, scientific and technological organizations, associations, unions, enterprises, other relevant organizations, consumers and experts.
3. The national technical standards committee has the following tasks:
a) Proposing planning, plans, options and solutions for developing national standards;
b) Compile draft national standards based on drafts proposed by organizations and individuals; directly develop draft national standards; participate in compiling and commenting on draft international standards and draft regional standards; participate in appraising draft national standards developed by ministries, ministerial-level agencies, and government agencies;
c) Participate in consulting and disseminating national standards and other standards;
d) Participate in drafting technical regulations when requested.
Article 17. Procedures for developing, appraising and promulgating national standards
1. The order and procedures for developing, appraising and promulgating national standards for draft national standards developed by ministries, ministerial-level agencies and government agencies are prescribed as follows:
a) Based on the approved national standards development plan, ministries, ministerial-level agencies, and government agencies shall develop draft national standards;
b) Ministries, ministerial-level agencies, and government agencies shall organize public consultations with relevant organizations and individuals on draft national standards; organize specialized conferences with the participation of relevant parties to provide comments on the draft. The time for consultation on the draft shall be at least sixty days; in urgent cases related to health, safety, and the environment, the time for consultation may be shorter;
c) Ministries, ministerial-level agencies, and government agencies shall study and absorb opinions from organizations and individuals to complete the draft national standards, prepare draft documents, and submit them to the Ministry of Science and Technology for appraisal;
d) The Ministry of Science and Technology shall organize the appraisal of draft national standards in accordance with the provisions of Article 18 of this Law. The appraisal period shall not exceed sixty days from the date of receipt of valid dossiers;
d) Within thirty days from the date of receiving comments agreeing with the draft national standard, the Minister of Science and Technology shall promulgate the national standard;
e) In case the appraisal opinions do not agree with the draft national standard, the Ministry of Science and Technology shall send the appraisal opinions to the ministry, ministerial-level agency, or government agency that drafts the national standard for completion. After receiving the completed draft, the Minister of Science and Technology shall promulgate the national standard in accordance with the provisions of Point d of this Clause. In case the two parties do not reach an agreement, the Ministry of Science and Technology shall report to the Prime Minister for consideration and decision.
2. The order and procedures for developing, appraising and promulgating national standards for draft national standards proposed by organizations and individuals are prescribed as follows:
a) Organizations and individuals compile draft standards or propose existing standards for consideration by the Ministry of Science and Technology;
b) The Ministry of Science and Technology assigns the national standards technical committee to compile a draft national standard based on the draft proposed by the organization or individual; organizes a public and widespread collection of opinions from relevant organizations or individuals on the draft; organizes a thematic conference with the participation of relevant parties to provide comments on the draft. The time for collecting opinions on the draft is at least sixty days; in urgent cases related to health, safety, and the environment, the time for collecting opinions may be shorter;
c) The national standards technical committee studies and accepts opinions from organizations and individuals to complete the draft national standard and prepares a draft dossier to submit to the Ministry of Science and Technology for consideration;
d) The Ministry of Science and Technology shall organize the appraisal of draft national standards according to the provisions of Article 18 of this Law. The appraisal period and the period for promulgation of national standards shall be according to the provisions of Point d and Point dd, Clause 1 of this Article.
3. The order and procedures for developing, appraising and promulgating national standards for draft national standards developed by the Ministry of Science and Technology are prescribed as follows:
a) Based on the approved national standards development plan, the Ministry of Science and Technology assigns the corresponding national standards technical committee to develop draft national standards according to the provisions at Points b and c, Clause 2 of this Article;
b) The Ministry of Science and Technology shall organize the appraisal of draft national standards according to the provisions of Article 18 of this Law. The appraisal period and the period for promulgation of national standards shall be according to the provisions of Point d and Point dd, Clause 1 of this Article.
4. The Government shall specify the dossier of draft national standards.
Article 18. Contents of appraisal of draft national standards
1. Conformity of standards with scientific and technological progress, conditions and needs of socio-economic development.
2. Conformity of standards with technical regulations, legal provisions, relevant international commitments, and requirements for harmonization with international standards.
3. Consistency and synchronization in the national standards system, compliance with the consensus principle and harmonization of interests of relevant parties.
4. Compliance with professional requirements, procedures and processes for developing national standards.
Article 19. Review, amendment, supplement, replacement and cancellation of national standards
1. The Ministry of Science and Technology shall preside over and coordinate with ministries, ministerial-level agencies, and government agencies to periodically review national standards every three years or sooner when necessary, from the date the standards are published.
2. Amendments, supplements and replacements of national standards shall be carried out in accordance with the procedures prescribed in Article 17 of this Law based on review results or proposals of organizations and individuals.
3. The cancellation of national standards is carried out based on the results of national standards review or the proposal to cancel national standards of ministries, ministerial-level agencies, government agencies, organizations and individuals.
The Ministry of Science and Technology shall appraise the dossier for cancellation of national standards and announce the cancellation of national standards after receiving written consent from ministries, ministerial-level agencies, and government agencies that draft the corresponding national standards.
Article 20. Development and promulgation of basic standards
1. The basic standards are developed and announced by the head of the organization specified in Clause 3, Article 11 of this Law for application in the activities of the facility.
2. Basic standards are developed based on scientific and technological achievements, needs and practical capabilities of the facility. The use of national standards, international standards, regional standards and foreign standards as basic standards is encouraged.
3. Basic standards must not be contrary to technical regulations and relevant legal provisions.
4. The order and procedures for developing and announcing basic standards shall comply with the guidance of the Ministry of Science and Technology.
Article 21. Publishing and issuing standards
1. The Ministry of Science and Technology reserves the right to publish and issue national standards.
2. Vietnamese representative agencies participating in international and regional standards organizations shall publish and issue international and regional standards according to the regulations of such organizations.
The publication and issuance of standards of international organizations, regional organizations of which Vietnam is not a member and foreign standards shall be carried out in accordance with the agreement with the organization issuing such standards.
3. The organization that publishes the basic standards reserves the right to publish and distribute the basic standards.
Article 22. Notification and dissemination of national standards
The Ministry of Science and Technology has the following responsibilities:
1. Publicly announce the announcement of national standards and the amendment, supplementation, replacement, and cancellation of national standards within at least thirty days from the date of decision;
2. Preside over and coordinate with ministries, ministerial-level agencies, and government agencies to disseminate and guide the application of national standards;
3. Annually issue a list of national standards.
Article 23. Principles of applying standards
1. The standards are applied on a voluntary basis.
All or part of a specific standard becomes mandatory when cited in a legal document or technical regulation.
2. Basic standards are applied within the scope of management of the organization publishing the standards.
Article 24. Method of applying standards
1. The standard is applied directly or is cited in another document.
2. Standards are used as a basis for conformity assessment activities.
Article 25. Funding sources for standard development
1. Funding sources for developing national standards include:
a) State budget allocated according to approved annual budget estimates;
b) Voluntary support from domestic and foreign organizations and individuals;
c) Other legitimate sources of income.
2. The funding source for building basic standards is self-funded by organizations and individuals and is considered a reasonable cost.
3. The Government regulates the management and use of funds for developing national standards.
CHAPTER III
DEVELOPMENT, PROMULGATION AND APPLICATION OF TECHNICAL REGULATIONS
Article 26. Technical regulation system and technical regulation symbols
Vietnam's system of technical regulations and technical regulation symbols includes:
1. National technical regulations, symbol is QCVN;
2. Local technical regulations, symbol is QCĐP.
Article 27. Responsibility for developing, appraising and promulgating technical regulations
1. The responsibility for developing, appraising and promulgating national technical regulations is stipulated as follows:
a) Ministers and heads of ministerial-level agencies organize the development and promulgation of national technical regulations within the scope of their assigned management sectors and fields;
b) The Minister of Science and Technology organizes the appraisal of draft national technical regulations;
c) The Government shall prescribe the development, appraisal and promulgation of national technical regulations of an interdisciplinary nature and national technical regulations for the subjects of activities in the field of technical regulations under the management responsibility of Government agencies.
2. The responsibility for developing, appraising and promulgating local technical regulations is stipulated as follows:
a) The People's Committees of provinces and centrally-run cities shall develop and promulgate local technical regulations to be applied within the scope of local management to specific products, goods, services, processes of the locality and specific environmental requirements in accordance with the geographical, climatic, hydrological characteristics and socio-economic development level of the locality;
b) Local technical regulations are issued after receiving approval from the competent state agency specified in Point a, Clause 1 of this Article.
Article 28. Types of technical regulations
1. General technical regulations include technical and management regulations applicable to a management field or a group of products, goods, services, or processes.
2. Technical safety standards include:
a) Regulations on levels, criteria and requirements related to biological safety, fire and explosion safety, mechanical safety, industrial safety, construction safety, thermal safety, chemical safety, electrical safety, medical equipment safety, electromagnetic compatibility, radiation and nuclear safety;
b) Regulations on levels, targets and requirements related to food hygiene and safety, pharmaceutical and cosmetic safety for human health;
c) Regulations on levels, targets and requirements related to hygiene and safety of animal feed, fertilizers, pesticides, veterinary drugs, biological products and chemicals used for animals and plants.
3. Environmental technical regulations stipulate levels, criteria and requirements on environmental quality and waste.
4. Technical process regulations stipulate requirements on hygiene and safety in the process of production, exploitation, processing, preservation, operation, transportation, use and maintenance of products and goods.
5. Technical service standards stipulate requirements for safety and hygiene in business, trade, postal, telecommunications, construction, education, finance, science and technology, health care, tourism, entertainment, culture, sports, transportation, environment and services in other fields.
Article 29. Planning and plans for developing technical standards
1. Planning and plans for developing technical standards include five-year planning and plans and annual plans established on the following basis:
a) Requirements for socio-economic development;
b) State management requirements;
c) Proposal of organizations and individuals.
2. The planning and plan for developing technical regulations shall be chaired by the agency issuing technical regulations, in coordination with the Ministry of Science and Technology and relevant agencies, and publicly announced to solicit public opinion before approval.
The agency promulgating technical regulations shall approve the planning and plan for developing technical regulations and publicly announce such planning and plan within thirty days from the date of approval.
3. In case of necessity, the planning and plan for developing technical regulations shall be amended and supplemented according to the decision of the head of the agency issuing the technical regulations. The amendment and supplement of the planning and plan for developing technical regulations shall be carried out according to the provisions in Clause 2 of this Article.
Article 30. Basis for developing technical regulations
Technical regulations are developed based on one or more of the following bases:
1. National standards;
2. International standards, regional standards, foreign standards;
3. Results of scientific and technological research, technical progress;
4. Results of assessment, testing, inspection, examination and appraisal.
Article 31. Rights of organizations and individuals participating in the development of technical regulations
1. Propose and give opinions on planning and plans for developing technical standards.
2. Draft technical regulations to propose to the technical regulation promulgating agency for consideration and promulgation.
3. Participate in drafting technical regulations at the request of the agency issuing technical regulations.
4. Comments on draft technical regulations.
Article 32. Procedures for developing, appraising and promulgating technical regulations
1. The order and procedures for developing, appraising and promulgating national technical regulations are prescribed as follows:
a) Based on the approved plan for developing technical regulations, the agency promulgating national technical regulations specified in Article 27 of this Law shall organize the development of national technical regulations with the participation of representatives of state agencies, scientific and technological organizations, enterprises, other relevant organizations, consumers and experts;
b) The agency promulgating national technical regulations shall organize a public and widespread collection of opinions from relevant organizations and individuals on the draft national technical regulations; organize a thematic conference with the participation of relevant parties to provide comments on the draft. The time for collecting opinions on the draft shall be at least sixty days; in urgent cases related to health, safety, and the environment, the time for collecting opinions may be shorter according to the decision of the agency promulgating national technical regulations;
c) The agency promulgating national technical regulations shall study and incorporate opinions from organizations and individuals to complete the draft national technical regulations, prepare a draft dossier after reaching an agreement with relevant ministries and branches on the content, and transfer it to the Ministry of Science and Technology for appraisal;
d) The Ministry of Science and Technology shall organize the appraisal of draft national technical regulations in accordance with the provisions of Article 33 of this Law. The appraisal period shall not exceed sixty days from the date of receipt of valid dossiers;
d) The agency promulgating national technical regulations shall complete the draft and promulgate the national technical regulations within thirty days from the date of receiving the consensus opinion of the appraisal agency. In case of disagreement with the appraisal opinion, the agency promulgating national technical regulations shall report to the Prime Minister for consideration and decision.
2. The order and procedures for developing, appraising and promulgating local technical regulations are prescribed as follows:
a) Based on the approved plan for developing technical regulations, the People's Committees of provinces and centrally-run cities shall organize the development of local technical regulations;
b) The People's Committee of a province or centrally-run city shall organize a public and widespread collection of opinions from relevant organizations and individuals on the draft local technical regulations; organize a thematic conference with the participation of relevant parties to provide comments on the draft. The time for collecting opinions on the draft shall be at least sixty days; in urgent cases related to health, safety, and the environment, the time for collecting opinions may be shorter according to the decision of the People's Committee of a province or centrally-run city;
c) The People's Committees of provinces and centrally run cities shall study and absorb opinions of organizations and individuals to complete the draft local technical regulations, prepare draft documents and send them to the competent state agencies specified in Point a, Clause 1, Article 27 of this Law for comments;
d) The People's Committee of a province or centrally run city shall promulgate local technical regulations within thirty days from the date of receipt of approval from the competent state agency specified in Point a, Clause 1, Article 27 of this Law.
3. The Government shall specify the documents for draft technical regulations.
Article 33. Contents of appraisal of draft national technical regulations
1. Conformity of technical regulations with relevant legal provisions and international commitments.
2. Consistency and synchronization in the national technical regulations system.
3. Compliance with professional requirements, procedures and processes for developing technical regulations.
Article 34. Effectiveness of technical regulations
1. Technical regulations shall take effect at least six months after the date of promulgation, except for the case specified in Clause 2 of this Article.
2. In urgent cases related to health, safety, and environment, technical regulations may come into force earlier according to the decision of the agency issuing the technical regulations.
3. National technical regulations are effective nationwide; local technical regulations are effective within the management scope of the People's Committee of the province or centrally-run city that issues such technical regulations.
Article 35. Review, amendment, supplement, replacement and cancellation of technical regulations
1. The agency issuing technical regulations shall organize periodic reviews of technical regulations every five years or earlier when necessary, from the date of issuance.
2. Amendments, supplements and replacements of technical regulations shall be carried out in accordance with the procedures prescribed in Article 32 of this Law based on review results or proposals of organizations and individuals.
3. The agency issuing technical regulations shall revoke technical regulations in the following order:
a) Based on the review results or proposals of organizations and individuals, the agency issuing national technical regulations shall prepare a dossier to cancel the national technical regulations; review the dossier and decide to cancel the national technical regulations after receiving appraisal opinions from the Ministry of Science and Technology;
b) Based on the review results or proposals of organizations and individuals, the People's Committees of provinces and centrally-run cities shall organize the preparation of dossiers to cancel local technical regulations; review dossiers and decide to cancel local technical regulations after receiving opinions from competent state agencies specified in Point a, Clause 1, Article 27 of this Law.
Article 36. Notification, dissemination, registration, publication and issuance of technical regulations
1. The agency issuing technical regulations has the following responsibilities:
a) Publicly announce the promulgation of technical regulations and the amendment, supplementation, replacement, and cancellation of technical regulations within at least thirty days from the date of decision;
b) Organize dissemination, guidance and implementation of technical regulations;
c) Submit technical regulation documents to the Ministry of Science and Technology for registration;
d) Publishing and issuing technical regulations.
2. The Ministry of Science and Technology periodically issues an annual list of technical regulations.
Article 37. Responsibility for applying technical regulations
1. Organizations and individuals are responsible for applying relevant technical regulations.
2. During the process of applying technical regulations, organizations and individuals are responsible for promptly reporting or recommending to the agency issuing technical regulations any problems or inappropriate content for consideration and handling.
The agency issuing technical regulations shall be responsible for responding in writing within thirty days from the date of receipt of comments and recommendations from organizations and individuals.
Article 38. Principles and methods of applying technical regulations
1. Technical regulations are mandatory in production, business and other socio-economic activities.
2. Technical regulations are used as the basis for conformity assessment activities.
Article 39. Funding sources for developing technical regulations
1. Funding sources for developing technical standards include:
a) State budget allocated according to approved annual budget estimates;
b) Voluntary support from domestic and foreign organizations and individuals.
2. The Government regulates the management and use of funds for developing technical regulations.
CHAPTER IV
ASSESSMENT OF CONFORMITY WITH STANDARDS AND
TECHNICAL STANDARDS
SECTION 1
GENERAL PROVISIONS ON CONFORMITY ASSESSMENT
Article 40. Basic requirements for conformity assessment
1. Ensure public and transparent information to relevant parties about the order and procedures for conformity assessment.
2. Secure information and data of the organization being assessed for conformity.
3. No discrimination against organizations, individuals producing, trading or the origin of products, goods, services, or processes.
4. The order and procedures for conformity assessment must be in harmony with the regulations of relevant international organizations.
Article 41. Forms of conformity assessment
1. Assessment of conformity with standards and technical regulations is carried out by a conformity assessment organization or by the organization or individual declaring conformity.
2. Assessment of conformity to standards is carried out voluntarily at the request of organizations and individuals in the form of testing, inspection, certification of conformity and declaration of conformity.
3. Assessment of conformity with technical regulations is mandatory according to state management requirements in the form of testing, inspection, conformity certification and conformity declaration.
Article 42. Requirements for standards and technical regulations used for conformity assessment
Technical standards and regulations used for conformity assessment must specify specific technical characteristics and management requirements that can be assessed using existing methods and means domestically or abroad.
Article 43. Conformity marks and technical regulations marks
1. Conformity mark and technical regulation mark are signs proving the conformity of products and goods with corresponding standards or technical regulations.
2. Conformity mark #01b
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