Nghị định 06/2002/NĐ-CP của Chính phủ quy định chi tiết thi hành Pháp lệnh Đo lường

DECREE

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:

Chapter I

GENERAL PROVISIONS

Article 1.-This Decree details the implementation of the Ordinance on Measurement passed on October 6, 1999 by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam.

Article 2.-

1. The uniformity and precision of measurement exhibit in the presentation of measurement results in lawful measurement units, which may involve errors falling within limits compliant with the measurement requirements.

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).

Article 3.-All organizations and individuals, depending on their respective functions, tasks and/or powers, shall have the following responsibilities:

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.

Article 4.-

1. Complaining about acts of violating the measurement legislation means an act whereby organizations or individuals request competent organizations or individuals to reconsider administrative decisions or acts on or related to measurement when they have grounds to believe that such decisions or acts are contrary to the measurement legislation, infringe upon their legitimate rights and interests.

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.

Chapter II

LAWFUL MEASUREMENT UNITS AND MEASUREMENT STANDARDS

Article 5.-

1. Lawful measurement units of Vietnam are formulated in conformity with the International System of Measurement Units (SI), which was adopted by the XIth General Conference on Measurements and Weights held in Paris in 1960 and further perfected and supplemented in the subsequent conferences.

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;

b/ Kilogram, symbolized as kg, is the unit of measurement of mass;

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.

Article 6.-The system of measurement standards of a measurement field consists of national standards and standards with a lower degree of precision being principal standards and working standards:

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.

3. Working standards are measurement standards which are used to test or standardize measuring devices. Working standards shall be periodically compared directly with principal standards or indirectly through other standards with a higher degree of precision.

Article 7.-

1. The Ministry of Science, Technology and Environment shall elaborate a plan on national measurement standards compatible with the development level of the national economy and conformable with the world’s development trend of measurement science and techniques and submit it to the Prime Minister for approval.

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.

Article 8.-On the basis of the evaluation results and proposals of the Council for evaluation of national measurement standards, the Ministry of Science, Technology and Environment shall submit to the Prime Minister for approval the national measurement standards.

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.

The contents, order and procedures of approval of national measurement standards, organizational structure, tasks and powers of the Council for Evaluation of National Measurement Standards shall comply with decisions of the Prime Minister.

Article 9.-The Ministry of Science, Technology and Environment, the Ministry of Finance, the Ministry of Planning and Investment and concerned State bodies shall have to ensure finance, international cooperation and other necessary material and technical conditions for the implementation of the plan on elaboration of national measurement standards; sustain, exploit and make international comparison of these standards according to the provisions of Article 8 of the Ordinance on Measurement.

Article 10.-

1. Standard samples prescribed in Clause 2, Article 7 of the Ordinance on Measurement are substances or materials of which one or some compositional or characteristic values have been determined in terms of homogeneity and precision for standardizing equipment, appraising measuring methods or fixing the compositional or characteristic values of other materials or substances.

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.

Article 11.-Agencies or organizations in charge of certifying standard samples shall be responsible for the data included in the standard sample certificates granted by themselves.

The Ministry of Science, Technology and Environment shall stipulate in detail the management of standard samples and certified standard samples.

Chapter III

TESTING OF MEASURING DEVICES

Article 12.-

1. The Ministry of Science, Technology and Environment shall issue a list of measuring devices subject to testing after consulting with the concerned ministries and branches; prescribe the testing registration; specify the contents, order and procedures for recognition of the testing capability and for authorization of the testing of measuring devices.

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.

Article 13.-

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.

Article 14.-The testing of measuring devices shall be done uniformly by measurement testers (hereinafter referred to as testers) according to the testing processes. In order to perform their testing tasks, testers must be certified and granted tester’s cards by a recognized or authorized testing organization.

The Ministry of Science, Technology and Environment shall detail the certification of testers and the issuance of testing processes.

Chapter IV

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.

Article 16.-

1. Standardizing activities include:

a/ Standardizing principal standards at appropriate standardization laboratories;

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.

Article 17.-The Ministry of Science, Technology and Environment shall have to apply the following concrete measures to encourage and create conditions for scientific and technological research, production and/or business establishments to develop standardization activities and build up recognized standardization laboratories:

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.

Article 18.-The Ministry of Science, Technology and Environment shall prescribe measurements and measurement methods for application by organizations and individuals using measuring devices. Organizations and individuals that take measurements shall have to create favorable conditions for responsible persons, customers or customers representatives to check these measurements and measurement methods.

Article 19.-The Ministry of Science, Technology and Environment shall prescribe the list of quantitatively-packaged goods which must be managed, the allowable disparities between the actual quantities of goods and those inscribed on their packages, and corresponding checking methods.

Chapter V

MANUFACTURE, EXPORT AND IMPORT OF MEASURING DEVICES

Article 20.-

1. The manufacture of measuring devices covers the research into, design and/or creation as well as import of components and spare parts or the reception of the transfer of technologies to manufacture and assemble measuring devices for domestic use and export.

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.

Article 21.-For imported measuring devices, the following cases shall not require the approval of measuring device models as prescribed in Article 22 of the Ordinance on Measurement:

1. Measuring devices which have been granted the model approval certificates by the International Organization of Measurement Legislation (OIML);

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.

Chapter VI

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;

4. Guiding, organizing and developing activities of standardizing measuring devices, organizing the recognition of standardization laboratories and the certification of standard samples;

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.

Article 23.-The ministries, the ministerial-level agencies, and the agencies attached to the Government shall, depending on their respective functions, tasks and powers, have the following responsibilities:

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;

4. To formulate and submit to the Government for promulgation the policies and preferences regarding investment, credit, taxes, land use right and international cooperation in order to encourage the production and exportation of measuring devices; to apportion appropriate fundings for testing activities;

5. To monitor and inspect measurement activities of their branches and establishments so as to ensure the implementation of the law provisions on measurement.

Article 24.-The People’s Committees of the provinces and centrally-run cities shall perform the State management over measurement in their respective localities.

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.

Article 25.-The People’s Committees at all levels shall, within the scope of their respective functions and competence, have the responsibilities:

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;

4. To organize the reception and settlement of measurement-related complaints, denunciations and proposals within the scope of their vested powers or forward them to responsible bodies for settlement

Chapter VII

SPECIALIZED MEASUREMENT INSPECTORATE

Article 26.-Specialized measurement inspection is a function of the bodies performing the State management over measurement in order to enhance the effectiveness of State management over measurement.

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.

Article 27.-

1. The specialized measurement inspection covers: inspecting the implementation of the law provisions on measurement units, measurement standards and standard samples; testing measuring devices and authorizing the testing thereof; inspecting the manufacture, trading, export, import and use of measuring devices; inspecting the manufacture and trading of quantitatively-packed goods; inspecting measurements and the implementation of other law provisions on measurement.

2. The mode and procedures of specialized measurement inspection shall comply with the law provisions on inspection.

Article 28.-The specialized measurement inspection shall only comply with law, ensure preciseness, objectiveness, publicity, democracy and timeliness. No organization or individual may illegally intervene in specialized measurement inspection.

Article 29.-

1. The Minister of Science, Technology and Environment shall appoint and dismiss the specialized measurement chief inspector; the general director of Standardization, Measurement and Quality Control shall appoint and dismiss specialized measurement deputy chief inspectors and inspectors.

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.

Article 31.-The specialized measurement inspectorate shall have the following powers:

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;

10. Exercising other powers as prescribed by law.

Article 32.-Organizations and individuals being inspected subjects or related to the inspection shall have to abide by the inspection requests, proposals and decisions according to law provisions, create conditions for inspecting organizations and inspectors to fulfill their tasks; the inspected subjects mentioned in this Article may make explanations and lodge complaints about the inspection conclusions, proposals and/or decisions according to law provisions.

Chapter VIII

SANCTIONING OF VIOLATIONS OF THE MEASUREMENT LEGISLATION

Article 33.-The sanctioning of measurement-related administrative violations shall comply with a separate government decree.

Article 34.-Those who abuse their positions and powers to obstruct lawful measurement activities or violate the measurement legislation shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 35.-The Minister of Science, Technology and Environment shall have to guide the implementation of this Decree.

Article 36.-This Decree takes effect 15 days after its signing. All previous provisions which are contrary to this Decree are hereby annulled.

Article 37.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.