Tiếng Việt| THE STATE COUNCIL | SOCIALIST REPUBLIC OF VIET NAM |
| No. 43-LCT/HDNN8 | Hanoi, July 16, 1990. |
In order to establish a standard and precise measuring system aimed at ensuring the fair and equitable treatment of all persons;to improve the quality of products; to preserve natural resources, materials and energy; to ensure labour safety; to protect residential housing and the environment; to improve scientific and advanced technology; to create favorable conditions for international exchange;
Pursuant to article 100 of the Constitution of the Socialist Republic of Vietnam;
This Ordinance makes provisions on weights and measures.
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The State management of weights and measures shall include:
1. Devising a scheme of and plan for weights and measures;
Making provisions for systems and regulations of weights and measures;
2. Organizing measurement bodies in relation to weights and measures and managing the activities of these bodies;
3. Determining legal units of weights and measures;
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4. Assessing the standard units of weights and measures and the equipment used in weighing and measuring;
5. Considering and approving samples, granting permission to produce and import facilities for weighing and measuring;
State inspection of weights and measures and dealing with breaches of the laws on weights and measures.
All organizations and individuals shall have the right to complain about and report any acts which breach the law in relation to weights and measures, to make proposals to the people's committees, State management bodies of weights and measures at all levels or other authorized bodies on any means by which the effectiveness of weights and measurements activities may be increased. These bodies shall in accordance with the provisions of the law examine and resolve the complaints, accusations, and proposals made.
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The State management bodies of weights and measures shall include:
- The General Department of Standards Weights, Measures and Quality of the State Committee of Science;
- The regional center of Standards Weights Measures and Quality;
- The office of Standards Weights Measures and Quality of the provinces, cities under central authority and equivalent levels.
The Council of Ministers shall make provisions on the organization and structure of the State management bodies of weights and measures.
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The State management bodies of weights and measures shall have the following duties and powers:
1. To prepare a scheme and a plan of weights and measures and submit them to the authorized State body for consideration and approval;
To draft laws on weights and measures;
To issue within their powers, regulations and rules on weights and measures;
To organize and inspect the implementation of the schemes, plans for , and legal statutes on weights and measures.
2. To establish and manage a standard systems of weight and measurement units and a system of standard samples;
To maintain and adopt national standards in accordance with the provisions of the State.
3. To organize a system of State standards of control;
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To recognize the powers of control of weights and measures by State management bodies at lower levels;
To delegate the State assessment of standard units of weights and measures at lower levels.
4. To test and examine samples and grant permission for the production and, import of weighing and measuring equipment.
5. To carry out State assessment of weights and measures and deal with breaches of the laws on weights and measures according to the scope of their powers.
6. To guide the organization and manage the activities of the State management bodies in relation to weights and measures at lower levels; to guide the establishment and activities of management bodies on weights and measures at branch and basic unit levels.
7. To organize science and technology research in relation to weights and measures.
8. To organize the training and improvement of technical skills in relation to weights and measures.
9. To co-operate internationally in relation to weights and measures.
The Council of Ministers shall make provisions on the delegation to bodies at various levels of the power to implement the duties and powers of the State management bodies in relation to weights and measures as referred to this article.
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LEGAL AND STANDARD UNITS OF WEIGHT AND MEASURE
Legal units of weight and measure which are stipulated in the standards of Vietnam shall conform with the system of international units of weight and measure (SI)
All weighing and measuring equipment shall have written or engraved on them, legal units of weight and measure.
The General Department of Standards Weights Measures and Quality shall make provisions for particular cases which the use of weights and measures different from the legal units of weight and measure may be used.
In international exchange and according to the agreement of the parties concerned, a unit of weight and measure different from the legal units of weight and measure of Vietnam may be applied.
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The system of standard units of weights and measures of Vietnam shall include a national standard or highest standard and other standards which are less accurate in the different areas of weights and measures.
The national standard of highest standard shall be considered and approved by the Council of Ministers and shall be compared periodically with the international standard or standards of greater accuracy of a foreign country.
The General Department of Standards Weights Measures and Quality shall make provisions for the system of management of the standard units of weight and measure.
The most accurate standard of each branch or local unit shall be its principal standard. Principal standards shall be controlled and determined by the State and certified.
STATE ASSESSMENT OF WEIGHTING AND MEANSURING EQUIPMENT
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The weighing and measuring equipment assessed by the State shall include:
1. Weighing and measuring equipment used in determining the quantity of goods at the time of their purchase and sale or delivery and receipt.
2. Weighing and measuring equipment used to ensure labour safety, and to protect health and the environment.
3. Weighing and measuring equipment used in the judicial process and other public activities of the State.
A specific list of weighing and measuring equipment which is subject to State assessment and periodic assessment shall be regulated by the General Department of Standards Weights Measures and Quality.
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Periodic assessment shall also take place in relation to weighing and measuring equipment currently in use.
Extraordinary assessment shall be conducted upon the State inspection of weights and measures taking place.
Extraordinary assessment shall be conducted upon the State inspection of weights and measures taking place.
The stamp and certification of assessment by State management bodies of weights and measures shall be delegated to local units, the examination by which shall be legally valid throughout the entire country.
The forging or fraudulent use of the assessment stamp and certificate of examination is prohibited.
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The registration procedures for the assessment of weighing and measuring equipment shall be regulated by The General Department of Standards Weights Measures and Quality.
USE OF WEIGHING AND MEANSURING EQUIPMENT AND PURCHASE OF GOODS ACCORDING TO AMOUNT AND QUANTITY
Production and business units shall create favorable conditions in order to ensure that all individuals may inspect the weighing, measuring and counting which takes place at the place of purchase and sale or delivery and receipt.
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1. Where the equipment does not have an examination stamp or certificate.
2. The examination stamp or certificate of the equipment has expired.
3. The equipment is defective and does not satisfy the requirements of weights and measures.
The difference between the real quantity of goods and the quantity of goods stated on the packaging shall not exceed the limit permitted by the standards of Vietnam or by the provisions issued by The General Department of Standards Weights Measures and Quality.
PRODUCTION OF, REPAIRS TO AND CIRCULATION OF WEIGHT AND MEANSURING EQUIPMENT
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The production of weighing and measuring equipment which is subject to State assessment shall require the permission of the State management body of weights and measures. The samples of the equipment shall also require the assessment and approval of the above body.
Weighting and measuring equipment which is produced in accordance with approved samples shall bear a sign of approval stipulated by The General Department of Standards Weights Measures and Quality.
All alterations to and modifications of approved weighing and measuring equipment shall require the permission of the State management body of weights and measures.
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STATE ASSESSMENT OF WEIGHTS AND MEANSURES
The organization and activities of State assessment of weights and measures shall be stipulated by the Council of Ministers.
State assessment of weights and measures shall be performed by State assessment units or officers.
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To perform technical inspection procedures at the place of assessment;
2. To stop the use or stipulate in respect of weighing and measuring equipment which is unlawful and the packaging of goods which does not satisfy the requirements of weights and measures;
3. To temporarily cease the production of, repairs to, and assessment of weighing and measuring equipment which are contrary to the laws in respect of weights and measures and to make proposals on measures for dealing with the head of the State management body of weights and measures;
4. To prepare reports, impose fines according to their powers and seize unlawful weighing and measuring equipment together with any other evidence in respect of weights and measures and make a proposal of measures to be adopted in dealing with them to the authorized State body;
5. To deliver files in respect of any breaches of the law in relation to weights and measures to a criminal investigation body in the event that there is any evidence of a criminal offense having been committed.
The State assessment unit leader or officer of weights and measures shall be responsible before the law for his conclusions and treatment of matters during the course of assessment.
The conclusions of The General Department of Standards Weights Measures and Quality shall be deemed to be of the greatest legal significance in relation to weights and measures.
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The decision of the State management bodies at a direct higher level on weights and measures shall be binding.
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This Ordinance shall be of full force and effect as of 1 October 1990.
All previous regulations which are inconsistent with this Ordinance are hereby repealed.
FOR THE STATE COUNCIL OF THE SOCIALIST REPUBLIC OF VIETNAM PRESIDENT
Vo Chi Cong