Circular No. 02/2019/TT-BQP on measurement activities in the military and defense sectors

CIRCULAR

Regulations on measurement activities in the military and defense sectors

Pursuant to the Law on Legislative Documents dated June 22, 2015;

Pursuant to the Law on Measurement dated November 11, 2011;

Pursuant to Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Measurement;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Chief of General Staff;

The Minister of National Defense issues this Circular regulating measurement activities in the military and defense sectors.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles and contents of measurement activities; rights and obligations of agencies, units, and individuals participating in measurement activities; inspection, handling of violations, and responsibilities of the Standard-Measurement-Quality Agency in implementing measurement work in the military and defense sectors.

Article 2. Applicability

1. This Circular applies to agencies, units, and individuals participating in measurement activities in the military and defense sectors.

2. This Circular does not apply to agencies, units, and individuals in the Military participating in measurement activities serving civilian life, economic and social development, and ensuring public welfare.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Measurement activities in the military and defense sectors include establishing and using units of measurement, standards of measurement; producing, repairing, purchasing, improving standards of measurement, measuring instruments; inspecting, calibrating, testing, technical verification of standards of measurement, measuring instruments; performing measurements; quantifying pre-packaged goods; managing measurement; providing information, training, consulting, scientific research, application, and development of measurement technology. These activities aim to ensure timely support for combat missions, readiness for combat, military training, and other national defense tasks.

2. Technical verification of measurement is an activity assessing the technical condition and determining the technical parameters of measuring instruments according to the technical verification process.

3. A Measurement-Quality Facility is an entity recognized by the Directorate of Standards-Measurement-Quality with the capability to inspect, calibrate, and test in accordance with current accreditation criteria of the Ministry of National Defense.

4. The Standard-Measurement-Quality Agency is the focal unit of the sector, being the standard, measurement, quality department, assistant, or equivalent of the military branches, services, military regions, corps, general departments, institutes, academies, responsible to commanders for standard, measurement, quality work, and subject to professional guidance from the Directorate of Standards-Measurement-Quality.

5. Special military units of measurement are those units of measurement not specified in Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Measurement (hereinafter referred to as Decree No. 86/2012/NĐ-CP), but which are necessary for use in the military and defense sectors.

Article 4. Principles of measurement activities in the military and defense sectors

1. Measurement must ensure uniformity and accuracy.

2. Measurement activities must ensure:

a) Honesty, objectivity, accuracy, transparency;

b) Safety, protection of public health, environmental protection;

c) Compliance with international practices, state regulations, and special regulations in the military and defense sectors;

d) Convenience for agencies, units, and individuals participating in measurement activities.

Article 5. Policy on measurement in the military and defense sector

 1. The Ministry of National Defense focuses on investing in building and maintaining the measurement standard system in the military and defense sectors; ensuring funding for the implementation of measurement requirements for standards and measuring instruments invested in and managed by the Ministry of National Defense.

 2. The Ministry of National Defense invests in building material and technical infrastructure, developing human resources to perform state management tasks related to measurement in the military and defense sectors.

 3. The Standard-Measurement-Quality Control Department is the agency entrusted by the Ministry of National Defense to carry out state management functions related to measurement in the military and defense sectors; its responsibilities include advising, proposing policies, measures, and organizing the implementation of measurement activities.

Chapter II

MEASUREMENT UNITS, MEASUREMENT STANDARDS, AND MEASURING INSTRUMENTS

 Article 6. Measurement Units

 1. Measurement units used in the military and defense sectors include legal measurement units, other units as prescribed in the Law on Measurement 2011, Decree 86/2012/ND-CP, and special military and defense measurement units.

 2. Using measurement units

 a) Legal measurement units must be used in cases specified in Clause 1, Article 9 of the Law on Measurement;

 b) Presenting measurement results and expressing values according to legal measurement units must comply with the provisions in Appendix V of Decree 86/2012/ND-CP. Values measured, numerical values, and legal measurement units should be presented first; numerical values and other units should be presented afterward and enclosed in parentheses;

c) Converting special military and defense measurement units to legal measurement units is regulated in Appendix I attached to this Circular.

Article 7. Measurement Standards

1. Measurement standards in the military and defense sectors are established, managed, and used in accordance with the National Measurement Standard Development Plan, the System Planning of Measurement Standards of the Ministry of National Defense; aiming to ensure the transmission of accuracy from high to low levels; meeting state management requirements for measurement; fulfilling measurement needs for military and defense tasks. The measurement standard system in the military and defense sectors includes:

a) National measurement standards established by the Ministry of National Defense;

b) Main measurement standards of the Ministry of National Defense are those established by the Ministry of National Defense; they are used to calibrate, verify, and determine the measurement values of other measurement standards at units and quality-measurement facilities operating in the military and defense sectors;

c) Working measurement standards are those used to calibrate, verify, and test measuring instruments.

2. Requirements for measurement standards

a) Basic metrological technical requirements of measurement standards must be indicated on the standards or recorded on product labels or accompanying documents. Metrological technical characteristics of measurement standards must meet the technical requirements set by specialized management agencies or the Standard-Measurement-Quality Control Department;

b) National measurement standards must be approved by the Ministry of Science and Technology; main measurement standards must be approved in accordance with regulations of the Ministry of National Defense;

c) National measurement standards must be established, maintained, stored, and used at organizations designated to hold national standards under the Law on Measurement; main measurement standards and working measurement standards must be established, maintained, stored, and used at quality-measurement facilities. Measurement standards must be periodically calibrated, verified, or compared with higher accuracy standards.

3. Requirements for reference materials Reference materials must ensure compliance with the requirements for measurement standards stipulated in Clause 2 of this Article and the following requirements:

a) Ensuring uniformity, stability, and attribute values of reference materials that meet the specified technical measurement requirements;

b) Must confirm the attribute value of reference materials along with the uncertainty of the measurement of this value. Directly used reference materials for calibrating and verifying measuring instruments must be calibrated and certified to meet technical measurement requirements.

Article 8. Conditions for operation of metrology-standard measurement facilities

Metrology-standard measurement facilities must have sufficient human resources, infrastructure, technology, and management systems to carry out the following activities:

1. Maintaining, preserving, using metrological standards in accordance with regulations.

2. Periodically calibrating, verifying, or comparing metrological standards as prescribed.

3. Calibrating, verifying, or comparing to transmit accuracy to lower-accuracy metrological standards and measuring instruments.

4. Conducting scientific research, applying, and developing metrological technology; establishing methods for maintaining and preserving metrological standards; establishing measurement methods to transmit accuracy to lower-accuracy metrological standards and measuring instruments.

Article 9. Measuring Instruments

1. Measuring instruments used in military and defense fields are strictly controlled regarding metrological technical requirements; they are managed and used according to regulations of the Ministry of National Defense to ensure control over the combat effectiveness and technical performance of weapons, equipment, defense products, and goods; maintain consistency and specific confidentiality in military and defense operations.

2. Requirements for measuring instruments

a) Basic metrological technical requirements must be indicated on the measuring instrument or accompanying documentation;

b) The metrological technical characteristics of measuring instruments must be compatible with the prescribed metrological technical requirements established by specialized management agencies or the Directorate for Standards-Metrology-Quality;

c) The structure of measuring instruments must prevent interference that could lead to inaccurate measurement results.

3. Metrological control of measuring instruments Measuring instruments must be subject to metrological control through the following measures:

a) Approval of samples during production, improvement, procurement, or import;

b) Initial calibration or verification before use;

c) Regular calibration or verification or technical metrological inspection during use;

d) Calibration or verification or technical metrological inspection after repair or improvement;

đ) Calibration or verification or technical metrological inspection upon request.

Chapter III

APPROVAL OF SAMPLES, VERIFICATION, CALIBRATION, TESTING AND TECHNICAL METROLOGICAL INSPECTION

Article 10. Approval of measuring instrument samples

1. Approval of measuring instrument samples (hereinafter referred to as sample approval) is the process where the Directorate for Standards-Metrology-Quality organizes the evaluation and confirmation that the measuring instrument sample or type sample meets the prescribed metrological technical requirements.

2. The objects of sample approval are measuring instruments produced, improved, procured, or imported for use in military and defense activities.

3. Sample testing of measuring instruments must be conducted at designated metrology-standard measurement facilities. Sample testing of measuring instruments may be exempted or reduced according to regulations of the Directorate for Standards-Metrology-Quality.

Article 11. Verification of measuring instruments

1. Verification is the preferred method of metrological control applied to all measuring instruments managed and used in military and defense fields. Verification is carried out by metrology-standard measurement facilities within the Ministry of National Defense and external verification organizations.

2. Metrology-standard measurement facilities within the Ministry of National Defense can only perform verification of measuring instruments based on their recognized capacity, which must comply with current recognition criteria of the Ministry of National Defense.

3. External verification organizations conducting verification of measuring instruments used in military and defense fields must be recognized or designated by competent state metrology management authorities as having the necessary capability.

4. Verification must be carried out in accordance with verification procedures issued by the General Department of Standardization, Metrology and Quality Control, the Directorate for Standards-Metrology-Quality, or specialized management agencies. Metrological standards, measuring instruments, auxiliary equipment, and environmental conditions of metrology-standard measurement facilities must comply with the verification procedures. Measuring instruments that meet technical requirements after verification are issued a Certificate of Verification, affixed with a Verification Seal and Sealing Stamp.

Article 12. Calibration of measuring instruments and measurement standards

1. Calibration is an activity to determine and establish the relationship between the measured value of measurement standards and measuring instruments with the measured value of the quantity to be measured; it is applied to measurement standards and measuring instruments that have not met the conditions for verification or where verification is not appropriate. Calibration activities can be carried out abroad, at calibration organizations outside the Military recognized or designated by the competent state management agency on measurement, or at strategic Measurement-Quality facilities and specialized heads according to regulations.

2. Measurement-Quality facilities may only carry out calibration activities in accordance with their capabilities recognized by the Standard-Measurement-Quality Department as being consistent with the accreditation criteria of the Ministry of National Defense; or their calibration capabilities are recognized by the Standard-Measurement-Quality Department if they have been accredited by national or international accreditation agencies in accordance with the TCVN ISO/IEC 17025 or ISO/IEC 17025 standards.

3. When conducting calibration, the calibration procedures and methods must be suitable for the measurement standards, measuring instruments, auxiliary equipment, and environmental conditions of the Measurement-Quality facility. After calibration, measurement standards and measuring instruments shall be issued with a Calibration Certificate, affixed with a Calibration Seal and a Sealing Label.

Article 13. Testing of measuring instruments and measurement standards

1. Testing of measuring instruments and measurement standards shall be conducted according to the testing procedures that have been issued. The test results serve as the basis for type approval activities.

2. Testing shall be carried out by Measurement-Quality facilities designated by the competent authority.

Article 14. Technical inspection of measurements

1. Technical inspection of measurements is applied to measuring instruments that have not met the conditions for verification or calibration. Measuring instruments are subject to technical inspection of measurements at Measurement-Quality facilities that have the necessary conditions to assess the technical status and determine one or more technical characteristics of the measuring instrument.

2. The implementation of technical inspection of measurements must comply with the technical inspection procedures that have been issued, consistent with the capabilities of the Measurement-Quality facility. After technical inspection of measurements, measuring instruments shall be issued with a Technical Inspection Report.

Article 15. Requirements for verification, calibration, testing, and technical inspection of measurements

1. Independence, objectivity, accuracy; transparency and openness regarding the procedures and processes for verification, calibration, testing, and technical inspection of measurements.

2. Compliance with the regulations on verification, calibration, testing, and technical inspection of measurements issued by the Standard-Measurement-Quality Department.

Chapter IV

MEASUREMENTS AND QUANTITIES OF PRE-PACKAGED GOODS

Article 16. General provisions on measurements and quantities of pre-packaged goods

Measurements and quantities of pre-packaged goods used in the military and defense sectors must be strictly controlled according to the technical measurement requirements stipulated by specialized management agencies or the Standard-Measurement-Quality Department.

Article 17. Basic requirements for measurements

1. Measuring instruments, measurement methods, conditions for performing measurements, and the proficiency level of the person conducting the measurements must meet the technical measurement requirements stipulated by specialized management agencies or the Standard-Measurement-Quality Department.

2. The accuracy of measurement results must be ensured through a continuous chain of verification and calibration activities from measurement standards.

Article 18. Basic requirements for the quantity of pre-packaged goods

1. The quantity of pre-packaged goods must be consistent with the information on the product label or accompanying documentation and must comply with technical measurement requirements specified by specialized management agencies or the General Department of Standardization-Measurement-Quality.

2. The product label must bear a measurement mark. The use of measurement marks and issuance of certificates for the right to use measurement marks shall be regulated by the General Department of Standardization-Measurement-Quality.

3. The list of types of pre-packaged goods used in military and defense areas is stipulated in Appendix II attached hereto. Annually, based on proposals from relevant agencies and units and state management requirements for measurement, the General Department of Standardization-Measurement-Quality will compile and propose the Minister of National Defense to decide on amendments and supplements to the list of types of pre-packaged goods used in military and defense areas.

Chapter V

RIGHTS AND OBLIGATIONS OF AGENCIES, UNITS, AND INDIVIDUALS IN MEASUREMENT ACTIVITIES

Article 19. Rights and obligations of agencies and units producing and purchasing measurement standards and measuring instruments

1. Agencies and units producing and purchasing measurement standards and measuring instruments in the military and defense sectors have the following rights:

a) To select a Measurement-Quality facility or organization providing calibration, verification services suitable for implementing measurement control measures for measurement standards and measuring instruments;

b) To lodge complaints about calibration, verification, testing, and technical measurement inspection results of measuring instruments and measurement standards with the implementing facility.

2. Agencies and units producing and purchasing measurement standards and measuring instruments in the military and defense sectors have the following obligations:

a) To implement measurement control measures for measurement standards and measuring instruments according to regulations when producing, purchasing, and before putting them into use;

b) To comply with state inspections and checks on measurements conducted by competent state management agencies in accordance with the law;

c) To provide truthful information about the technical measurement characteristics of measurement standards and measuring instruments;

d) To guide the conditions that must be met during transportation, storage, preservation, and use of measurement standards and measuring instruments.

Article 20. Rights and obligations of Measurement-Quality facilities conducting calibration, verification, testing, and technical measurement inspections

1. Measurement-Quality facilities conducting calibration, verification, testing, and technical measurement inspections have the following rights:

a) To conduct calibration, verification, testing, or technical measurement inspections within their recognized or accredited capacity by the General Department of Standardization-Measurement-Quality;

b) To have their calibration, verification, testing, and technical measurement inspection results recognized for state management purposes in the military and defense sectors;

c) To be guaranteed funding to conduct calibration, verification, testing, and technical measurement inspections in accordance with regulations.

2. Measurement-Quality facilities conducting calibration, verification, testing, and technical measurement inspections have the following obligations:

a) To follow procedures and formalities for conducting calibration, verification, testing, and technical measurement inspections; ensuring objectivity, accuracy, transparency, and fairness in implementation;

b) To conduct calibration, verification, testing, and technical measurement inspections according to hierarchical levels and annual plans approved by superiors. Confidentiality of information, data, and results of calibration, verification, testing, and technical measurement inspections must be maintained in accordance with regulations;

c) To report to competent authorities in the Military for handling in accordance with regulations upon discovering signs of violation of measurement laws;

d) To be responsible for the results of calibration, verification, testing, and technical measurement inspections provided;

đ) To comply with inspections and checks conducted by competent state management authorities in accordance with regulations.

Article 21. Rights and Obligations of Agencies, Units, and Individuals Using Measurement Standards and Measuring Instruments

1. Agencies, units, and individuals using measurement standards and measuring instruments have the following rights:

a) Request agencies, units producing, purchasing, or suppliers of measurement standards and measuring instruments to provide information and documents on the metrological technical characteristics, transportation conditions, storage, preservation, and usage of measurement standards and measuring instruments;

b) Propose to the direct management agency to carry out verification, calibration, testing, and technical inspection of measurement standards and measuring instruments managed and used by the unit according to the plan;

c) Lodge complaints about the results of verification, calibration, testing, and technical inspection of measurement standards and measuring instruments conducted by the facility with the higher-level management agency.

2. Agencies, units, and individuals using measurement standards and measuring instruments have the following obligations:

a) Implement measures for metrological control over measurement standards and measuring instruments during their use;

b) Ensure transportation, storage, and usage requirements according to the guidance of the production and business facilities of measurement standards and measuring instruments; stop using measurement standards and measuring instruments and take corrective measures upon discovering errors or damage;

c) Comply with the requirements regarding professional qualifications, expertise, and occupational experience for users of measurement standards and measuring instruments as stipulated by specialized management agencies or the National Standardization-Metrology-Quality Control Agency;

d) Ensure conditions as prescribed for the National Standardization-Metrology-Quality Control Agency to supervise and inspect the implementation of measurements, measurement methods, measuring instruments, and measurement standards;

đ) Comply with state inspections and checks on metrology carried out by competent state management agencies in the military and defense sectors.

Article 22. Rights and Obligations of Agencies and Units Producing and Supplying Prepackaged Goods

1. Agencies and units producing and supplying prepackaged goods to units within the Military have the following rights:

a) Publish quantity marks on the product labels of prepackaged goods;

b) Lodge complaints with higher-level management agencies regarding administrative acts or decisions that are inconsistent with the provisions of the law by competent state agencies.

2. Agencies and units producing and supplying prepackaged goods to units within the Military have the following obligations:

a) Provide truthful information about the quantity of prepackaged goods;

b) Inform users of the conditions that must be met when transporting, storing, preserving, and using prepackaged goods;

c) Ensure that the quantity of prepackaged goods meets the technical metrological requirements as prescribed;

d) Must display quantity marks on the product labels of prepackaged goods as prescribed. The quantity mark is a symbol for publishing the quantity of prepackaged goods consistent with technical metrological requirements. The quantity mark is the letter V, uppercase font, upright, bold, using the Times New Roman font, with a height greater than or equal to 3 mm. The quantity mark is displayed by printing, attaching directly to the goods or packaging, or labeling on the goods at a position easily readable and visible;

đ) Comply with state inspections and checks on metrology carried out by competent state agencies.

Chapter VI

INSPECTION, AUDIT, AND HANDLING OF VIOLATIONS OF LAWS ON MEASUREMENT

Article 23. Objects of State Measurement Inspection

The objects of State Measurement Inspection in the military and defense sector include measurement standards, measuring instruments, measurement methods, quantities of pre-packaged goods, calibration activities, verification, testing, and technical measurement inspection activities.

Article 24. Contents of State Measurement Inspection

1. Inspect the conformity of measurement standards with the requirements stipulated in Clause 2, Article 7 of this Circular.

2. Inspect the conformity of measuring instruments with the requirements stipulated in Article 9 of this Circular.

3. Inspect measurement methods including:

a) Inspect and determine the conformity of measuring instruments, measurement methods used, and measurement conditions with technical measurement requirements;

b) Inspect the measurement errors against permissible error limits according to technical measurement requirements.

4. Inspect the conformity of quantities of pre-packaged goods according to the requirements stipulated in Article 18 of this Circular.

5. Inspect compliance with operational principles, ensuring operational conditions, and performing obligations of measurement-quality bases conducting calibration, verification, testing, and technical measurement inspections.

Article 25. Responsibilities for State Measurement Inspection

The Standard-Measurement-Quality Control Department is responsible for organizing State Measurement Inspection throughout the entire military; it leads and coordinates with relevant agencies and units to implement:

1. Regular inspections according to plans or spot checks on measurement standards, measuring instruments, measurement methods, and quantities of pre-packaged goods.

2. Spot checks on calibration, verification, and testing activities of measuring instruments and measurement standards when required by competent authorities or when violations are detected.

Article 26. Inspection Teams

1. The Inspection Team is established by the Director of the Standard-Measurement-Quality Control Department.

2. The composition of the Inspection Team includes the Team Leader and other members. The number of members in the Inspection Team depends on the inspection content and is decided by the Director of the Standard-Measurement-Quality Control Department.

3. The Team Leader is the Head of the Standard-Measurement-Quality Control Department or a management-level officer authorized by the Director of the Standard-Measurement-Quality Control Department who has sufficient capacity. The Team Leader is responsible for organizing the implementation of the team's tasks: assigning specific responsibilities to each member; being accountable for the inspection results; organizing the preparation of inspection records or violation records according to regulations; submitting files and records for decision-making by the competent authority and transferring them to the competent authority or person with authority for handling according to regulations.

4. The Secretary is an officer from the Standard-Measurement-Quality Control Department, responsible for drafting related documents according to regulations and performing tasks assigned by the Team Leader.

5. Other Members

a) Technical officers with expertise suitable for the field of measurement being inspected and tasked with technical measurement inspections;

b) Officers from the Standard-Measurement-Quality Control Department and officers from other agencies or units appointed to join the Inspection Team and perform tasks assigned by the Team Leader.

6. Members of the Inspection Team are responsible for the inspection results and handling according to their assignments and legal provisions.

Article 27. Procedures and Formalities for State Measurement Inspection

1. For measuring instruments, measurement methods, and quantities of pre-packaged goods

a) The Inspection Team notifies the inspection decision before conducting the inspection;

b) Conduct the inspection on the objects and contents specified in the inspection decision;

c) The Inspection Team requests the inspected entity to provide documents and materials related to transportation, storage, retention, usage, and technical measurement requirements of the measuring instruments, measurement methods, and quantities of pre-packaged goods to be inspected;

d) Based on the entity's documents and materials and state management regulations on measurements, the Inspection Team conducts technical measurement inspections on specific contents;

đ) Prepare inspection records. In case of discovering actions indicating violations of measurement laws, the Team Leader prepares violation records and reports to the competent authority or person with authority for handling according to regulations. The format of the violation record of measurement laws is prescribed by the Director of the Standard-Measurement-Quality Control Department;

e) Handle violations during the inspection process according to Article 28 of this Circular;

g) Report the inspection results to the Standard-Measurement-Quality Control Department.

2. For calibration, verification, and testing activities

a) The Inspection Team notifies the inspection decision before conducting the inspection;

b) Conduct the inspection according to the content of the inspection decision;

c) The Inspection Team requests the inspected entity to provide documents and materials related to the maintenance, storage, and usage of measurement standards, calibration, verification, and testing activities to be inspected;

d) Based on the entity's documents and materials and state management regulations on measurements, the Inspection Team observes and inspects the stipulated requirements.

đ) Prepare inspection records. In case of discovering actions indicating violations of measurement laws, the Team Leader prepares violation records and reports to the competent authority or person with authority for handling according to regulations. The format of the violation record of measurement laws is prescribed by the Director of the Standard-Measurement-Quality Control Department;

e) Handle violations during the inspection process according to Article 28 of this Circular;

g) Report the inspection results to the Standard-Measurement-Quality Control Department.

Article 28. Handling Violations During State Inspection for Measurement

1. During the inspection process, if standards of measurement, measuring instruments, measurements of pre-packaged goods, calibration, verification, testing, technical measurement inspection activities of agencies, units, measurement-quality bases are found to be inconsistent with regulations, the Inspection Team shall implement the following measures:

a) Timely notify the superior agency of the inspected unit about the discovered violations;

b) Require the agency or unit to temporarily halt production, business operations, and use of those measurement standards and measuring instruments, and immediately take corrective measures;

c) Require the agency or unit to temporarily halt production, business operations of those pre-packaged goods, and immediately take corrective measures;

d) Require the agency, unit, or measurement-quality base to temporarily halt the measurement activity and immediately take corrective measures;

đ) Require the measurement-quality base to temporarily halt non-compliant calibration, verification, testing, technical measurement inspection activities, and immediately take corrective measures.

2. In cases where serious violations of measurement laws are discovered or after requesting implementation of the measures stipulated in Clause 1 of this Article, the agency, unit, or measurement-quality base continues to violate, the Inspection Team must immediately report to the Director of the Standard-Measurement-Quality Control Department to recommend the competent authority to handle according to the law. The inspection file sent to the competent authority includes the letter from the Standard-Measurement-Quality Control Department, the inspection record of the Inspection Team, and related documents and evidence. The inspection file is one of the legal grounds for the competent authority to handle according to the provisions.

Article 29. Inspection for Measurement

1. The Ministry of National Defense's Inspection Department and the Standard-Measurement-Quality Control Department perform specialized inspection functions regarding measurement in military and defense fields. Inspections are carried out in accordance with the Law on Measurement and the Law on Inspection.

2. Specialized inspections for measurement have the responsibility to inspect the implementation of laws and technical regulations on measurement by agencies, units, and individuals in measurement activities within the military and defense fields.

3. The subjects of specialized inspections for measurement are agencies, units, and individuals participating in measurement activities within the military and defense fields.

Article 30. Handling Violations of Measurement Laws

1. Agencies, units, and individuals violating regulations on measurement activities in the military and defense fields will be handled according to the law and military regulations depending on the nature and severity of the violation.

2. Individuals who abuse their positions or powers to violate measurement laws will be disciplined or criminally prosecuted depending on the nature and severity of the violation, and must compensate for losses according to the law if damage is caused.

Chapter VII

FINANCIAL GUARANTEE

Article 31. Sources of Financial Guarantee

1. The state budget allocated for national defense ensures the state management tasks related to measurement work.

2. The state budget for development investment.

3. The State Foreign Exchange Reserve Fund (Special Budget).

4. Other legitimate sources of funds.

Article 32. Provisions on the content of measurement inspection, calibration, testing, technical measurement inspection, and sample approval in measurement activities

1. For budget units of the Military, the content of measurement activity costs includes: Costs for inspection, calibration, technical measurement inspection of standard measuring instruments and measuring devices under the management at the Ministry of National Defense level or already put into equipment and use, guaranteed from the state budget allocated for national defense.

2. For production and business activities, economic activities of national defense: Costs for inspection, calibration, technical measurement inspection of standard measuring instruments and measuring devices are included in the product cost or service cost.

3. For standard measuring instruments and measuring devices used to implement projects or products of investment projects during the implementation phase (not yet handed over, put into use): The project investor uses the project funds to cover inspection, calibration, testing, inspection, and acceptance costs.

4. For standard measuring instruments and measuring devices formed during the procurement process: Inspection, calibration, and testing costs are guaranteed by the seller (supplier) until the handover procedures to the buyer are completed.

5. For units producing standard measuring instruments and measuring devices: Units themselves ensure the funding for inspection, calibration, and testing of their products; the costs for these activities are included in the product production cost.

6. Sample approval costs: Any unit requiring sample approval must self-fund the sample approval costs; if the samples are formed through production, improvement, domestic procurement, or importation, the sample approval costs are correspondingly included in the production, improvement, domestic procurement, or importation costs.

7. State budget funds for state inspection activities related to measurement are guaranteed from the state budget allocated for national defense and included in the annual budget estimates of the Standardization-Measurement-Quality Departments of relevant agencies and units. Based on the assigned budget estimates, the Standardization-Measurement-Quality Department implements its state management functions regarding the tasks of the Department.

Chapter VIII

RESPONSIBILITIES OF THE STANDARDIZATION-MEASUREMENT-QUALITY AGENCY

Article 33. Responsibilities of the Standardization-Measurement-Quality Department

1. Advising and proposing to the Chief of General Staff to report to the Central Military Commission and the Minister of National Defense on policies, measures, and organizational implementation of state management of measurement within the entire military.

2. Leading and coordinating with relevant agencies and units to report to the Chief of General Staff for submission to the Minister of National Defense for issuance and implementation of policies, planning for the development of the standard measurement system of the Ministry of National Defense, legal normative documents, and administrative military documents on measurement activities in the military and national defense fields.

3. Managing the establishment, maintenance, preservation, and use of the standard measurement system within the Ministry of National Defense. Organizing measurement management for pre-packaged goods measurements, standard measuring instruments, and measuring devices throughout the military. Specifying the inspection, calibration, and technical measurement inspection cycles for standard measuring instruments and measuring devices. Managing the inspection, calibration, testing, and technical measurement inspection activities of Measurement-Quality facilities; Regulations on inspection seals, sealing seals, and certificates used in inspection and testing activities.

4. Organizing scientific research, application, and development of measurement technology in the military and national defense fields. Organizing domestic and international cooperation in measurement. Promoting, disseminating, and educating the law on measurement in the military and national defense fields.

5. Directing and guiding the Standardization-Measurement-Quality agencies of the main units of the Department to implement measurement management within the scope and authority granted.

6. Cooperating with the Inspectorate of the Ministry of National Defense to conduct inspections, handle complaints, accusations, and enforce violations of the law on measurement according to jurisdiction. Leading and coordinating with relevant agencies to organize inspections of measurement activities in the military and national defense fields.

Article 34. Responsibilities of the Standard-Measurement-Quality Control Unit Head of the Industry

1. Shall be subject to the professional guidance of the Standard-Measurement-Quality Control Department regarding measurement management within its jurisdiction. Advise the commander on measurement management tasks; draft and propose to the unit commander for issuance of military administrative documents and internal normative documents to implement the industry's regulations on measurement management.

2. Direct and organize the implementation of standard maintenance, standard transmission, and standard linking in measurement; calibration, verification, testing, and technical inspection of measurements according to the分级分类 at units under the head of the industry.

3. Report to the Standard-Measurement-Quality Control Department on the implementation of measurement management as prescribed. Coordinate with functional agencies in inspecting, auditing, and handling violations of laws on measurement by agencies and units under the head of the industry.

Chapter IX

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Circular takes effect from February 25, 2019.

Article 36. Responsibility for Implementation

1. The Chief of General Staff, Chiefs of the Departments, Commanders of agencies and units shall be responsible for implementing this Circular.

2. The Director of the Standard-Measurement-Quality Control Department shall be responsible for implementing this Circular./.