Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 06/2002/ND-CP | Hanoi, January 14, 2002 |
DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON MEASUREMENT
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on Organization of the Government;
Pursuant to the October 6, 1999 Ordinance on Measurement;
At the proposal of the Minister of Science, Technology and Environment,
DECREES:
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2. To ensure uniform and precise measurement is the responsibility of all State agencies, economic organizations, political organizations, socio-political organizations, socio-professional organizations, people’s armed force units as well as all citizens (hereinafter referred to as organizations and individuals).
1. To comply with the regulations of the State, branches and localities on measurement;
2. To equip measuring devices, organize the use and maintenance thereof and take measurements in order to ensure uniform and precise measurement in conformity with their political, social and scientific research tasks, as well as the values of goods and services in their production and business;
3. To compile and promulgate necessary regulations on the measurement management with a view to ensuring uniform and precise measurement;
4. To organize the standardization, examination, maintenance and repair of measuring devices;
5. To foster and train measurement officials and staff.
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2. Denouncing acts of violating the measurement legislation is an act whereby citizens report to competent organizations or individuals on any organizations or individuals acts of violating the measurement legislation, thus causing damage to the State or the legitimate rights and interests of organizations and/or individuals.
3. Competent organizations and individuals shall have to settle measurement-related complaints and denunciations according to the provisions of the Law on Complaints and Denunciations and other relevant current law provisions.
LAWFUL MEASUREMENT UNITS AND MEASUREMENT STANDARDS
2. The International System of Measurement Units consists of seven base units and units derived therefrom.
The seven base units of the International System of Measurement Units are:
a/ Meter, symbolized as m, is the unit of measurement of length;
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c/ Second, symbolized as s, is the unit of measurement of time;
d/ Ampere, symbolized as A, is the unit of measurement of electric current;
e/ Kelvin, symbolized as K, is the unit of measurement of temperature;
f/ Candela, symbolized as cd, is the unit of measurement of light intensity;
g/ Mole, symbolized as mol, is the unit of measurement of substance.
The lawful measurement units are prescribed in the Government’s Decree No. 65/2001/ND-CP of September 28, 2001 issuing the lawful system of measurement units of the Socialist Republic of Vietnam.
1. National standards are measurement standards as prescribed in Article 8 of the Ordinance on Measurement;
2. Principal standards are measurement standards with the highest degree of precision in a certain locality or an organization, which are used to determine the values of other standards in the concerned field of measurement. Principal standards shall be periodically compared directly with national standards or indirectly through other standards with a higher degree of precision.
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2. On the basis of the plan on national measurement standards approved by the Prime Minister, the Ministry of Science, Technology and Environment shall recommend to the Prime Minister for decision other agencies to take charge of the establishment, sustainment, maintenance and exploitation of national measurement standards in specific measurement fields.
Bases for evaluation and approval of national measurement standards include:
1. Technical and measurement levels of standards;
2. Necessary conditions for the maintenance, sustainment and derivation of standards, including comparing devices, auxiliary equipment, environ-mental conditions, and working grounds;
3. Capabilities of professional staff;
4. Relevant documents on measurement techniques and operations.
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2. Standard samples shall be certified as such in accompanied certificates which certify one or some of their compositional and characteristic values according to a given procedure in order to establish a connection between them and the precise presentation of units used for denoting the compositional or characteristic values and each of these certified values shall be accompanied with a degree that does not require specific measurement.
The Ministry of Science, Technology and Environment shall stipulate in detail the management of standard samples and certified standard samples.
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2. The State management bodies in charge measurement at all levels shall have to organize and carry out the testing and set up a network of authorized testing of measuring devices to meet the requirements in the localities assigned to them for management.
3. Organizations and individuals that manufacture, repair, import and/or use measuring devices subject to testing must register the testing thereof according to the testing regulations specified in Article 12 of the Ordinance on Measurement.
Organizations and individuals having measuring devices to be tested; organizations and individuals that request the approval of measuring device models must pay charges and fees according to law provisions.
1. Organizations entitled to test measuring devices include:
a/ State management bodies in charge of measurement or their attached organizations which are recognized to be capable of testing specific measuring devices;
b/ Other organizations authorized to test specific measuring devices.
2. The contents, order and procedures for recognition of the testing capability and the testing authorization shall comply with the regulations of the Ministry of Science, Technology and Environment.
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STANDARDIZATION OF MEASURING DEVICES, MEASUREMENTS
Article 15.- Standardization shall apply to the following measuring devices:
1. Measuring devices used as standards for standardizing other measuring devices and for graduating measuring devices;
2. Measuring devices used for controlling and/or adjusting technological processes in production and services;
3. Measuring devices used for determining the characteristics or use properties of products, materials and equipment in order to serve the quality inspection, research into and design of novel products, product warranty, repair and restoration;
4. Measuring devices used in scientific and technological research.
1. Standardizing activities include:
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b/ Self-standardizing working standards by comparing them directly with relevant principal standards or indirectly through other standards with a higher degree of precision;
c/ Self-standardizing measuring devices according to relevant working standards;
d/ Standardizing upon requests of other units.
2. Recognizing standardization laboratories is the measure to ensure the reliability and precision of standardization results; a requisite for participating in mutual recognition of measurement and experimentation results among domestic establishments and among countries in the region and the world.
Standardization laboratories shall carry out the standardization and take responsibility for the standardization results.
1. Prescribing the general requirements on the capabilities of standardization laboratories and of the competent recognizing bodies on a basis of international standards agreed upon for application on a national scale;
2. Organizing widely the training and provision of information and knowledge on activities of standardization and recognition of standardization laboratories for establishments;
3. Prioritizing the use of recognized standardization laboratories in the performance of standardization and experimentation tasks in service of the State management over science and technology as well as standardization, metrology and quality control; in the participation in regional and international cooperation on standardization and experimentation.
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MANUFACTURE, EXPORT AND IMPORT OF MEASURING DEVICES
2. The following cases shall not require the approval of measuring device models as prescribed in Article 22 of the Ordinance on Measurement:
a/ Measuring devices manufactured after the model designs issued by competent bodies in charge of the State management over measurement;
b/ Measuring devices manufactured after the models owned by other organizations or individuals, which have been approved by competent bodies. In this case, the written consent of such organizations or individuals must be obtained.
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2. Measuring devices which have been granted the model approval certificates by the national measurement authorities of those countries which agree on mutual recognition of the results of experimentation of measuring devices with Vietnam.
STATE MANAGEMENT OVER MEASUREMENT
Article 22.- The Government performs the uniform State management over measurement nationwide.
The Ministry of Science, Technology and Environment shall take responsibility to the Government for performing the task of uniform State management over measurement.
The General Department of Standardization, Measurement and Quality Control under the Ministry of Science, Technology and Environment is the body directly assisting the Minister of Science, Technology and Environment in performing the State management over measurement, and having the following specific powers and tasks:
1. Conducting research, formulating plannings, plans, programs and projects and submitting them to the competent authorities for approval; drafting legal documents, formulating policies and norms on measurement and submitting them to the superior State bodies for promulgation; organizing the implementation of the above-said decisions which have been approved and promulgated by the Government and superior management bodies;
2. Setting up, sustaining, maintaining and exploiting national measurement standards of these fields;
3. Organizing testing activities, conduct evaluation to recognize the testing capability and authorizing the testing of measuring devices; certifying measurement testers;
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5. Organizing and managing the approval of measuring device models in the production and importation of measuring devices;
6. Conducting research, applying scientific and technological advances; organizing training and fostering in measurement techniques and skills;
7. Coordinating with concerned bodies and localities in organizing the propagation, education and popularization of knowledge on the measurement legislation;
8. Guiding, supervising and inspecting organizations and individuals in their observance of the measurement legislation; settling complaints and denunciations, and handling violations of the measurement legislation within the ambit of its competence;
9. Carrying out activities of international cooperation on measurement according to its assigned competence.
1. When studying and formulating strategic objectives, plannings, plans and orientations for the branch development, to simultaneously make plannings, plans and orientations for the measurement development as basis for the technological improvement, the application of scientific and technical advances, and the raising of the efficiency of the branches production, business and scientific research;
2. On the basis of the regulations of the State, to elaborate and promulgate regulations necessary for their branches measurement management;
3. To build up and develop measurement agencies of their branches and establishments; organizing the coordination among and association of measurement capabilities of establishments in order to practically and effectively serve their branches and establishments production, business and scientific research activities;
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5. To monitor and inspect measurement activities of their branches and establishments so as to ensure the implementation of the law provisions on measurement.
The provincial/municipal Science, Technology and Environment Services shall assist the provincial/municipal People’s Committees in performing the function of State management over measurement.
The Sub-Departments of Standardization, Measurement and Quality Control under the provincial/municipal Science, Technology and Environment Services shall directly assist the provincial/municipal Science, Technology and Environment Services in performing the State management over measurement in the localities.
The Ministry of Science, Technology and Environment shall assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel in providing guidance on the organization, tasks and powers of the Sub-Departments of Standardization, Measurement and Quality Control.
1. On the basis of the State’s regulations, to promulgate necessary documents for the measurement management in the localities;
2. To draw up plannings and plans and apportion adequate fundings for building up material and technical bases and purchasing necessary equipment for the measurement management in the localities;
3. To organize the implementation of the State’s regulations on measurement and propagate and educate the population therein; to supervise and urge organizations and individuals conducting trading, business, service and other public-utility activities at markets, trade centers, places of provision of public services and/or places of purchase of farm produce to ensure correct and precise measurements;
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SPECIALIZED MEASUREMENT INSPECTORATE
The General Department of Standardization, Measurement and Quality Control and the Standardization, Measurement and Quality Control Sub-Departments shall conduct specialized measurement inspection within the scope of their assigned tasks and vested powers.
2. The mode and procedures of specialized measurement inspection shall comply with the law provisions on inspection.
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2. Specialized measurement inspectors shall be granted the inspector’s cards, be equipped with uniforms according to the regulations of the Minister of Science, Technology and Environment.
3. The specialized measurement inspectorate may use a separate seal in inspection activities.
Article 30.- The specialized measurement inspectorate shall have the following tasks:
1. Participating in drafting legal documents on measurement, formulating programs and plans on the measurement inspection and submitting them to competent authorities for decision;
2. Monitoring, guiding and supervising the heads of the agencies and units under the management of the General Department of Standardization, Measurement and Quality Control in their implementation of the law provisions on the measurement inspection, programs and plans on the measurement inspection operations;
3. Fostering measurement inspectors and measurement inspection collaborators in measurement inspection skills;
4. Receiving written complaints and denunciations, verifying them, making conclusions and proposing measures to settle them according to law provisions;
5. Inspecting and making conclusions on the implementation of the law provisions on measurement;
6. Sanctioning administrative violations according to law provisions.
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1. Proposing to the heads of the same-level agencies or superior inspection organizations the preventive and handling measures after conducting inspection;
2. Requesting concerned individuals and organizations to supply necessary information and documents for the inspection, requesting concerned agencies and organizations to send their personnel to join the inspection;
3. Temporarily suspending the execution of decisions of the agencies and units under the management of the same-level agencies or of lower-level agencies related to the inspected cases, events and/or subjects if deeming that the execution of such decisions would hinder the inspection work;
4. Temporarily suspending acts if deeming that such acts breaking the law, cause harms or threaten to cause harms to the State’s interests or legitimate rights and interests of agencies, organizations and/or citizens;
5. Temporarily suspending the jobs of or issuing cautions against the inspected subjects under its management, that commit acts of intentionally obstructing the performance of inspection tasks; in cases where the inspected subjects fall beyond the scope of its management, reporting these cases to competent authorities for decision;
6. Sealing up documents; inventorying properties; requesting competent authorities to temporarily keep money or things; suspending or revoking related certificates in cases where there are grounds to believe that law-breaking acts are committed and it is necessary to stop and seek measures to handle them promptly;
7. Soliciting expertise, inviting collaborators to join the inspection work when necessary;
8. Applying the preventive and sanctioning measures according to the law provisions on the handling of administrative violations;
9. Transferring dossiers of law offenses to criminal investigation bodies for handling according to law provisions if deeming that there appear signs of criminal offense;
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SANCTIONING OF VIOLATIONS OF THE MEASUREMENT LEGISLATION
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai