Law on Measurement No. 04/2011/QH13

LAW

MEASUREMENTS

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Measurement Law,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates measurement activities; rights and obligations of organizations and individuals participating in measurement activities.

Article 2. Applicability

This Law applies to organizations and individuals participating in measurement activities in Vietnam.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Measurement is the act of determining and maintaining the measured value of the quantity to be measured.

2. Measurement activity includes establishing and using units of measurement, measurement standards; producing, trading, and using measuring instruments, measurement standards; calibrating, verifying, testing measuring instruments, measurement standards; conducting measurements; quantifying prepackaged goods; managing measurements; providing information, training, consulting, scientific research, application, and development of measurement technology.

3. International System of Units (SI for short according to international convention) is a system of units with names, symbols, and rules for setting up derived and multiple units together with their usage rules approved by the International Conference on Weights and Measures.

4. is a technical device used to express and maintain the unit of measurement of a measured quantity and is used as a reference to compare with other measuring instruments or measurement standards. A standard is a technical means to represent and maintain the unit of measurement of a measurable quantity and is used as a reference to compare with other measuring instruments or measurement standards. A reference material is a special type of measurement standard with a certain degree of homogeneity and stability for one or more properties. Reference materials are used for calibrating, verifying equipment, measuring instruments, evaluating measurement methods, or determining the composition or characteristics of materials or substances.

5. Measuring Device is a technical device used to perform measurements.

6. Measurement is a set of operations to determine the measurement value of a quantity to be measured.

7. Prepackaged goods by quantity (hereinafter referred to as prepackaged goods) are goods that are quantified, packaged, and labeled with the quantity on the product label without the presence of the buyer.

8. Calibration is an activity to assess and confirm the metrological technical characteristics of measuring instruments according to metrological technical requirements.

9. Calibration is an activity to determine, establish the relationship between the measurement value of a measurement standard, measuring instrument, and the measurement value of a quantity to be measured.

10. - Search for insecticides is the determination of one or more metrological technical characteristics of measuring instruments, measurement standards.

11. Metrological technical requirements Technical specifications for measurement of measurement standards, measuring instruments, measurement methods, or quantities of prepackaged goods published by organizations or individuals or prescribed by competent state agencies.

12Organization designated for inspection, calibration, and testingOrganizations designated for calibration, verification, and testing

13. T is an organization meeting the conditions stipulated by this Law and relevant laws, recognized by the competent state agency for measurement management to be included in a list for organizations and individuals to choose services for calibration, verification, and testing of measuring instruments and measurement standards. Quantity marking

is a symbol used to declare the quantity of prepackaged goods in accordance with measurement technical requirements.

Article 4. Principles of measurement activities

1. Measurement must ensure uniformity and accuracy.

2. Measurement activities must ensure:

a) Transparency, objectivity, accuracy; fairness among parties in buying and selling goods and services;

b) Safety, protection of public health, and the environment;

c) Facilitation of domestic and international trade transactions;

d) Protection of the rights and legitimate interests of organizations and individuals participating in measurement activities;

e) Compliance with international practices;

f) Respect for agreements between parties in measurement activities based on ensuring compliance with the provisions of this Law and other relevant laws.

Article 5. State policy on measurement

1. The State focuses investment in building and maintaining the national measurement standard system; ensuring funding for implementing measurement requirements for national standards invested in and managed by the State.

2. The State invests in building physical and technical infrastructure to perform state management tasks related to measurement; encourages organizations and individuals to invest in building physical and technical infrastructure, developing human resources in measurement; promoting socialization in the following measurement activities:

a) Establishing and maintaining measurement standards;

b) Calibrating, verifying, and testing measuring instruments and measurement standards;

c) Producing measuring instruments and measurement standards;

d) Training, consulting, scientific research, application, and development of measurement technology.

3. Prioritize training and developing human resources in measurement activities; promote scientific research, application, and development of measurement technology; strengthen publicity and dissemination of knowledge and laws on measurement.

Article 6. International Cooperation on Measurement

1. International cooperation on measurement shall be carried out based on respecting independence, sovereignty, equality, and mutual benefit.

2. International cooperation on measurement shall be implemented through the following activities:

a) Signing international treaties on measurement; joining international organizations on measurement; signing agreements, recognizing measurement results, calibration, verification, and testing results between Vietnamese organizations and corresponding organizations of other countries and international legal subjects;

b) Implementing international cooperation programs and projects;

c) Exchanging experts, training, and enhancing measurement staff with other countries and international organizations;

d) Organizing scientific conferences, research, application, and technology transfer;

đ) Cooperating to resolve disputes.

Article 7. Prohibited Acts

1. Exploiting measurement activities to cause damage to national interests, national defense, security, public order, social safety, and the legitimate rights and interests of organizations and individuals.

2. Intentionally distorting measuring instruments or measurement results.

3. Intentionally providing false or fabricated calibration, verification, or testing results for measuring instruments or measurement standards.

4. Forgery, erasure, or alteration of content on quantity marks, verification marks, verification seals, or verification certificates.

Chapter II

MEASUREMENT UNITS AND MEASUREMENT STANDARDS

Section 1

MEASUREMENT UNITS

Article 8. Classification of Measurement Units

1. Measurement units include legal measurement units and other measurement units.

2. Legal measurement units include:

a) Basic units of the International System of Units;

b) Derived units of the International System of Units;

c) Decimal multiples and submultiples of the units specified in points a and b of this clause;

d) Measurement units not belonging to the International System of Units that comply with domestic customs and international practices;

đ) Measurement units established by combining the units specified in points a, b, c, and d of this clause.

3. Basic units of the International System of Units include:

a) The unit of length is meter, symbol m;

b) The unit of mass is kilogram, symbol kg;

c) The unit of time is second, symbol s;

d) The unit of electric current intensity is ampere, symbol A;

đ) The unit of thermodynamic temperature is kelvin, symbol K;

e) The unit of amount of substance is mole, symbol mol;

g) The unit of luminous intensity is candela, symbol cd.

4. The Government shall provide detailed regulations on legal measurement units.

5. Other measurement units include traditional measurement units and those not specified in Clause 2 of this Article.

Article 9. Use of Measurement Units

1. Legal measurement units must be used in the following cases:

a) In documents issued by state agencies;

b) On measuring instruments used in inspection, supervision, judicial appraisal, and other official activities;

c) Recording quantities of prepackaged goods;

d) In production, business, and importation of measuring instruments as stipulated in Clause 2 of Article 16 of this Law;

đ) In activities ensuring safety, protecting public health, and environmental protection.

2. Other measurement units may be used by agreement, except in the cases specified in Clause 1 of this Article. In resolving disputes related to the use of other measurement units instead of legal measurement units, conversion to legal measurement units must be made.

3. The Government shall provide detailed regulations on this Article.

Section 2

MEASUREMENT STANDARDS

Article 10. Measurement standards system for each measurement field

1. National measurement standards (hereinafter referred to as national standards) are the highest measurement standards of the country used to determine the measurement values of other remaining measurement standards within the measurement field.

2. Primary measurement standards (hereinafter referred to as primary standards) are measurement standards used to calibrate and determine the measurement values of other local or organizational measurement standards.

3. Working measurement standards (hereinafter referred to as working standards) are measurement standards used to inspect, calibrate, and test measuring instruments.

Article 11. Basic requirements for measurement standards

1. The basic metrological technical requirements of measurement standards must be indicated on the measurement standards or recorded on product labels or accompanying documents.

2. The metrological technical characteristics of measurement standards must comply with the metrological technical requirements published by organizations or individuals or prescribed by competent state management agencies for measurements.

Article 12. Requirements for national standards

1. To meet the requirements stipulated in Article 11 of this Law.

2. National standards must be established according to the national standard development plan.

3. National standards must be approved; maintained, preserved, and used at organizations designated to hold national standards.

4. National standards must be periodically calibrated or compared with international standards or with foreign national standards that have been calibrated or compared with international standards.

The calibration or comparison of national standards shall be carried out by organizations designated to hold national standards.

5. The Prime Minister approves the national standard development plan.

6. The Minister of Science and Technology approves national standards, designates organizations to hold national standards; specifies details of Clause 3 and Clause 4 of this Article.

Article 13. Conditions for operation of organizations designated to hold national standards

Organizations designated to hold national standards must meet the following conditions:

1. Legal personality.

2. Adequate human resources and material and technical facilities to carry out the following activities:

a) Holding, maintaining, preserving, and using national standards in accordance with regulations;

b) Periodically calibrating or comparing national standards as stipulated in Clause 4 of Article 12 of this Law;

c) Calibrating or comparing to transmit the accuracy of national standards to lower accuracy measurement standards;

d) Conducting scientific research, applying, and developing technology related to measurement standards; establishing methods to maintain and preserve national standards; establishing measurement methods to transmit the accuracy of national standards to lower accuracy measurement standards.

3. Establishing calibration diagrams and procedures and processes for calibration in compliance with national standards and international standards.

4. Establishing and maintaining a management system to implement the activities stipulated in Clause 2 of this Article.

5. Being designated to hold national standards.

Article 14. Requirements for primary standards and working standards

1. To meet the requirements stipulated in Article 11 of this Law.

2. Primary standards and working standards are established by authorized state agencies at the local level or by organizations themselves.

3. The maintenance, preservation, and use of primary standards and working standards are carried out in accordance with the regulations of the head of the authorized state agency at the local level or the head of the organization holding these measurement standards.

4. The metrological technical characteristics of primary standards and working standards must ensure compliance with the published metrological technical requirements through periodic calibration or comparison with national standards or higher accuracy measurement standards that have been calibrated.

5. The calibration or comparison of primary standards and working standards must be conducted at calibration organizations meeting the conditions stipulated in Article 25 of this Law.

6. Working standards directly used for inspecting measuring instruments as stipulated in Clause 2 of Article 16 must be calibrated at designated calibration organizations and must be certified to meet metrological technical requirements.

7. The Minister of Science and Technology prescribes the certification of working standards as stipulated in Clause 6 of this Article.

Article 15. Requirements for reference materials

1. Reference materials must ensure compliance with measurement standard requirements stipulated in Articles 11, 12, and 14 of this Law and the following requirements:

a) Ensuring uniformity, stability, and attribute values of reference materials that meet published or specified metrological technical requirements;

b) Must be confirmed for attribute values of reference materials together with the uncertainty of these attribute values;

c) The confirmation of attribute values of reference materials shall be carried out through testing or comparison at a testing organization.

2. Reference materials directly used for calibrating measuring instruments as stipulated in Clause 2, Article 16 of this Law must be certified according to the provisions of Clause 7, Article 14 of this Law.

Chapter III

MEASURING INSTRUMENTS

Article 16. Types of measuring instruments

1. Measuring instruments used in scientific research, process control, quality control in production, or other purposes not specified in Clause 2 of this Article (hereinafter referred to as Group 1 measuring instruments) shall be controlled according to metrological technical requirements announced by organizations or individuals.

2. Measuring instruments used for quantifying goods and services in trade, payment, ensuring safety, protecting public health, environmental protection, inspection, supervision, judicial appraisal, and other official activities (hereinafter referred to as Group 2 measuring instruments) listed in the List of Group 2 Measuring Instruments must be controlled according to metrological technical requirements prescribed by competent state management agencies on metrology.

The Minister of Science and Technology shall issue the List of Group 2 Measuring Instruments.

Article 17. Basic requirements for measuring instruments

1. Basic metrological technical requirements of measuring instruments must be indicated on the measuring instrument or recorded on product labels or accompanying documents.

2. The structure of measuring instruments must ensure prevention against interference leading to inaccurate measurement results.

3. Metrological technical characteristics of measuring instruments must comply with metrological technical requirements announced by organizations or individuals or prescribed by competent state management agencies on metrology.

Article 18. Requirements for Group 1 measuring instruments

1. Compliance with the requirements stipulated in Article 17 of this Law.

2. Group 1 measuring instruments shall be calibrated, verified, or tested according to the requirements of organizations or individuals or upon request from competent state authorities.

3. Calibration, verification, or testing of Group 1 measuring instruments shall be selected and decided by organizations or individuals producing, exporting, importing, or using measuring instruments to be conducted at calibration, verification, or testing organizations meeting the conditions stipulated in Clause 1, Article 25 of this Law.

Article 19. Requirements for Group 2 measuring instruments

1. Compliance with the requirements stipulated in Article 17 of this Law.

2. Group 2 measuring instruments must be subject to metrological control through one or more of the following measures:

a) Approval of samples when manufacturing or importing;

b) Initial calibration before use;

c) Periodic calibration during use;

d) Calibration after repair.

3. Sample approval for measuring instruments as stipulated in point a, Clause 2 of this Article must be carried out according to the provisions of Article 20 of this Law.

4. Calibration of measuring instruments as stipulated in points b, c, and d, Clause 2 of this Article must be carried out according to the provisions of Clause 2, Article 21 of this Law.

5. The Minister of Science and Technology shall provide detailed regulations for Clauses 2, 3, and 4 of this Article.

Chapter IV

APPROVAL OF SAMPLES, CALIBRATION, VERIFICATION, TESTING

MEASURING INSTRUMENTS, MEASUREMENT STANDARDS

Article 20. Approval of Measurement Instrument Models

1. The approval of measurement instrument models shall be carried out by state agencies with authority on metrology to assess and confirm that the measurement instrument models meet the technical requirements for metrology.

2. Testing of measurement instrument models for approval must be conducted at designated testing organizations.

Measurement instrument models may be exempted or have reduced testing. The Minister of Science and Technology shall specify the conditions for exemption or reduction of testing for measurement instrument models.

Article 21. Calibration of Measurement Instruments

1. Calibration of measurement instruments shall be performed by calibration organizations to evaluate and confirm the technical metrological characteristics of the measurement instruments according to technical metrological requirements.

2. Group 2 measurement instruments must undergo initial calibration before being put into use, periodic calibration during use, and calibration after repair.

Some Group 2 measurement instruments must undergo periodic calibration through comparative calibration. Comparative calibration shall be carried out by another designated calibration organization from the list of designated calibration organizations.

The Minister of Science and Technology shall specify in detail the conditions for comparative calibration and the Group 2 measurement instruments subject to comparative calibration.

3. Group 1 measurement instruments can undergo voluntary calibration upon request from relevant organizations or individuals.

Article 22. Calibration of Measurement Instruments and Metrological Standards

1. Calibration of measurement instruments and metrological standards shall be carried out by calibration organizations to determine and establish the relationship between the measured values of metrological standards and measurement instruments with the values of the quantity to be measured.

2. Working standards directly used for calibrating Group 2 measurement instruments must undergo mandatory calibration.

3. Primary standards, working standards not specified in Clause 2 of this Article, and Group 1 measurement instruments can undergo voluntary calibration upon request from relevant organizations or individuals.

Article 23. Testing of Measurement Instruments and Metrological Standards

1. Testing shall be carried out by testing organizations to determine one or more technical metrological characteristics of measurement instruments and metrological standards.

2. Group 2 measurement instrument models must undergo mandatory testing before approval, except in cases where they are exempted or have reduced testing.

3. Primary standards, working standards, and Group 1 measurement instruments can undergo voluntary testing upon request from relevant organizations or individuals.

Article 24. Principles of Operation for Calibration, Verification, and Testing

1. Independence, objectivity, accuracy; transparency and openness regarding procedures and processes for verification, calibration, and testing.

2. Compliance with procedures and processes for verification, calibration, and testing that have been published or as prescribed by state agencies with authority on metrology.

3. Compliance with regulations on information, data, and result confidentiality for verification, calibration, and testing.

Article 25. Conditions for Operation of Calibration, Verification, and Testing Organizations

1. Calibration, verification, and testing organizations providing services for verification, calibration, and testing must satisfy the following conditions:

a) Having legal personality;

b) Possess adequate physical and technical facilities to meet the requirements of their field of activity.

c) Have sufficient human resources to meet the requirements of their field of activity.

d) Meet the requirements for independence and objectivity.

e) Establish and maintain a management system appropriate to their field of activity.

f) Register their activities with the competent state agency on metrology.

2. Designated organizations conducting mandatory verification, calibration, and testing must satisfy the conditions stipulated in Clause 1 of this Article and must be designated.

3. The Minister of Science and Technology shall provide detailed regulations for Clause 1 of this Article; and specify the designation of verification, calibration, and testing organizations.

Article 26. Inspection, calibration, and testing costs

1. Inspection, calibration, and testing costs shall be determined according to the principle of ensuring compensation for actual reasonable expenses to complete the work, consistent with the content, volume, nature, and deadline for completing inspection, calibration, and testing activities.

2. Inspection, calibration, and testing costs shall be determined based on the following basic costs:

a) Material costs;

b) Labor costs;

c) Depreciation costs of machinery and equipment;

d) Transportation costs.

3. Inspection, calibration, and testing costs for measuring instruments and metrological standards must be established, publicly posted, and in accordance with the provisions of the law on prices.

Chapter V

PREMEASURED WEIGHT AND MEASURE OF PACKAGED GOODS

Section 1

 MEASUREMENT

Article 27. Types of measurement

1. Measurement conducted for scientific research, process control, quality control in production, or other purposes not specified in Clause 2 of this Article (hereinafter referred to as Group 1 measurement) shall be controlled according to technical measurement requirements published by organizations or individuals.

2. Measurement conducted to quantify goods and services in trade, payment, ensure safety, protect public health, environmental protection, serve inspection, supervision, judicial appraisal, and other official activities (hereinafter referred to as Group 2 measurement) must be controlled according to technical measurement requirements prescribed by competent state management agencies on measurement.

Article 28. Basic requirements for measurement

1. Measuring instruments, measurement methods, conditions for conducting measurements, and proficiency levels of personnel must comply with guidelines from instrument manufacturers or technical measurement requirements published by organizations or individuals or prescribed by competent state management agencies on measurement.

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

Article 29. Metrological requirements for Group 1 measurement

1. Compliance with the requirements stipulated in Article 28 of this Law.

2. Group 1 measurement shall be carried out according to the needs of organizations or individuals.

3. The accuracy of measurement results shall be determined and the responsibility borne by organizations or individuals through implementing one or more of the following measures:

a) Selecting and using measuring instruments with appropriate technical measurement characteristics and adhering to the manufacturer's guidance on measurement methods, operation, and usage conditions to conduct the measurement;

b) Agreeing with other organizations or individuals to perform the measurement and provide measurement results.

Article 30. Metrological requirements for Group 2 measurement

1. Compliance with the requirements stipulated in Article 28 of this Law.

2. Group 2 measurement must be performed using Group 2 measuring instruments.

3. The implementation of measurement must comply with technical measurement requirements prescribed by competent state management agencies on measurement.

 The Minister of Science and Technology shall specify detailed regulations on Group 2 measurement.

Section 2

WEIGHT AND MEASURE OF PACKAGED GOODS

Article 31. Classification of packaged goods

1. Packaged goods not included in the List specified in Clause 2 of this Article shall be controlled according to technical measurement requirements published by organizations or individuals (hereinafter referred to as Group 1 packaged goods).

2. Packaged goods with large quantities circulating in the market or high value, having the potential to cause disputes, complaints about measurement among parties in trade and payment, significantly affecting health and the environment (hereinafter referred to as Group 2 packaged goods) listed in the List of Group 2 Packaged Goods must be controlled according to technical measurement requirements prescribed by competent state management agencies on measurement.

The Minister of Science and Technology shall promulgate the List of Group 2 Packaged Goods.

Article 32. Basic Requirements for the Quantity of Prepackaged Goods

1. The quantity of prepackaged goods must be consistent with the information on the product label or accompanying documentation and must comply with the technical measurement requirements announced by the producer or business entity or prescribed by the competent state management agency for measurement.

2. The recording of the quantity of prepackaged goods on the product label must comply with the provisions of the law on product labels.

Article 33. Measurement Requirements for the Quantity of Group 1 Prepackaged Goods

1. The quantity of Group 1 prepackaged goods when produced or imported must ensure compliance with the requirements stipulated in Article 32 of this Law.

2. The quantity of Group 1 prepackaged goods must comply with the requirements announced by the producer or importer and must bear a measurement mark on the product label as determined by such organizations or individuals.

Article 34. Measurement Requirements for the Quantity of Group 2 Prepackaged Goods

1. The quantity of Group 2 prepackaged goods when produced or imported must ensure compliance with the requirements stipulated in Article 32 of this Law.

2. The quantity of Group 2 prepackaged goods must comply with the technical measurement requirements and must have a measurement mark on the product label as prescribed.

3. The Minister of Science and Technology shall specify in detail the technical measurement requirements for the quantity of Group 2 prepackaged goods; prescribe the measurement mark and the issuance of certificates of eligibility to use the measurement mark on the product label as stipulated in Clause 2 of this Article.

Chapter VI

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS

IN MEASUREMENT ACTIVITIES

Article 35. Rights and Obligations of Organizations and Individuals Producing and Trading Measuring Instruments and Measurement Standards

1. Organizations and individuals producing and trading measuring instruments and measurement standards have the following rights:

a) To select an appropriate organization to conduct verification, calibration, and testing of measuring instruments and measurement standards to implement measurement control measures for measuring instruments and measurement requirements for measurement standards as prescribed by this Law;

b) To appeal the results of verification, calibration, and testing of measuring instruments and measurement standards; to initiate legal proceedings against violations of contracts concluded with organizations conducting verification, calibration, and testing of measuring instruments and measurement standards;

c) To appeal and initiate legal proceedings against administrative acts and administrative decisions of individuals and state agencies with authority according to the provisions of the law.

2. Organizations and individuals producing and trading measuring instruments and measurement standards have the following obligations:

a) To implement measurement control measures for measuring instruments and measurement requirements for measurement standards as prescribed by this Law before putting measuring instruments and measurement standards into use;

b) To comply with inspections and examinations conducted by state agencies with authority according to the provisions of the law;

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

d) To guide customers and users on conditions that must be met during transportation, storage, preservation, and use of measuring instruments and measurement standards;

đ) To pay for the verification, calibration, and testing of measuring instruments and measurement standards;

e) To conduct verification, calibration, and testing of measuring instruments and measurement standards as required by state agencies with authority.

Article 36. Rights and Obligations of Organizations Conducting Calibration, Verification, and Testing of Measuring Instruments and Measurement Standards

1. Organizations conducting calibration, verification, and testing have the following rights:

a) To carry out calibration, verification, and testing within the scope of activities registered;

b) To have their calibration, verification, and testing results reviewed and recognized by competent state agencies for measurement management purposes in accordance with the provisions of the law.

c) To appeal and initiate legal proceedings against administrative acts and administrative decisions of individuals and state agencies with authority according to the provisions of the law.

2. Organizations conducting calibration, verification, and testing have the following obligations:

a) To publicly disclose and follow procedures and formalities for calibration, verification, and testing; to ensure objectivity and accuracy; to comply with regulations on calibration, verification, and testing costs;

b) To keep confidential information, data, and results of customer calibration, verification, and testing, except when required by competent state authorities;

c) To immediately report and cooperate with competent state authorities to handle violations of measurement laws upon discovery, in accordance with the provisions of the law;

d) To be responsible under the law for the results of calibration, verification, and testing provided;

đ) To comply with inspections and checks conducted by competent state authorities in accordance with the provisions of the law.

Article 37. Rights and Obligations of Designated Organizations Conducting Calibration, Verification, and Testing of Measuring Instruments and Measurement Standards

1. Designated organizations conducting calibration, verification, and testing have the following rights:

a) To carry out calibration, verification, and testing within the designated scope of fields;

b) To have their calibration, verification, and testing results reviewed and recognized by competent state agencies for measurement management purposes in accordance with the provisions of the law.

c) To appeal and initiate legal proceedings against administrative acts and administrative decisions of individuals and state agencies with authority according to the provisions of the law.

2. Designated organizations conducting calibration, verification, and testing have the obligations stipulated in Clause 2 of Article 36 of this Law and the following obligations:

a) To fulfill calibration, verification, and testing requirements, except in cases of force majeure;

b) To ensure the procedures and formalities for calibration, verification, and testing according to the regulations of competent state agencies for measurement.

Article 38. Rights and Obligations of Organizations and Individuals Using Measuring Instruments and Measurement Standards

1. Organizations and individuals using measuring instruments and measurement standards have the following rights:

a) To request manufacturers and traders of measuring instruments and measurement standards to provide technical measurement characteristics information, transportation conditions, storage, preservation, and usage conditions of measuring instruments and measurement standards;

b) To select appropriate organizations conducting calibration, verification, and testing of measuring instruments and measurement standards to implement measurement control measures for measuring instruments and measurement requirements for measurement standards in accordance with this Law;

c) To appeal the results of calibration, verification, and testing; to initiate litigation against breaches of contract by organizations conducting calibration, verification, and testing;

d) To appeal and initiate litigation against administrative acts and administrative decisions of individuals and competent state authorities in accordance with the law.

2. Organizations and individuals using measuring instruments and measurement standards have the following obligations:

a) To implement measurement control measures for measuring instruments and measurement requirements during use;

b) To ensure transportation, storage, and usage conditions in accordance with the manufacturer's or importer's instructions; if defects or damage are discovered, to stop usage and take corrective measures;

c) To comply with requirements regarding professional qualifications, expertise, and occupational experience for users of measuring instruments when performing Group 2 measurements according to the regulations of competent state agencies for measurement management;

d) To ensure conditions as prescribed for relevant parties to monitor and inspect the implementation of measurements, measurement methods, measuring instruments, measurement standards, and quantities of goods;

đ) To comply with inspections and checks on measurement conducted by competent state authorities;

e) To pay for calibration, verification, and testing costs of measuring instruments and measurement standards.

Article 39. Rights and Obligations of Organizations and Individuals Producing and Trading Prepackaged Goods

1. Organizations and individuals producing and trading prepackaged goods have the following rights:

a) To publish measurement marks on the labels of prepackaged goods group 1;

b) To lodge complaints and initiate administrative lawsuits against administrative acts and administrative decisions of individuals and state agencies with competent authority according to the provisions of the law.

2. Organizations and individuals producing and trading prepackaged goods have the following obligations:

a) Provide truthful information about the quantity of pre-packaged goods;

b) To notify customers and consumers of conditions that must be met when transporting, storing, preserving, and using prepackaged goods;

c) To ensure the quantity of prepackaged goods meets technical measurement requirements as prescribed;

d) To display measurement marks on the labels of prepackaged goods group 2 as prescribed;

đ) To comply with state inspection and supervision regarding measurement conducted by state agencies with competent authority.

Article 40. Rights and Obligations of Consumers Related to Measurement Activities

1. Consumers have the following rights:

a) To be provided truthful information about the quantity of goods, measuring instruments, and measurement standards purchased;

b) To request sellers to meet the conditions stipulated in point d, Clause 2, Article 38 of this Law for checking measuring instruments, performing measurements, and verifying the quantity of purchased goods;

c) To report violations of laws on measurement;

d) To request consumer protection organizations to assist in protecting their legitimate rights and interests;

đ) Other rights as prescribed by law.

2. Consumers have the following obligations:

a) To provide information to state agencies with competent authority when discovering measurement activities of organizations and individuals infringing upon the rights and legitimate interests of consumers;

b) Not to take advantage of measurement regulations to harm the interests of the State, the rights, and legitimate interests of other organizations and individuals.

Article 41. Rights and Obligations of Social and Professional Organizations Regarding Measurement

1. To provide consultation, critique, and participate in drafting normative legal documents, projects, plans, and development programs related to measurement according to the provisions of the law.

2. To provide consulting services and scientific and technological services related to measurement according to the provisions of the law.

3. To be provided information on measurement according to the provisions of the law.

4. To disseminate and popularize knowledge on measurement; to mobilize organizations and individuals to implement the provisions of the law on measurement.

5. To make recommendations to inspection and supervisory agencies and state agencies with competent authority to handle and resolve violations of the law on measurement.

Chapter VII

 INSPECTION, SUPERVISION AND HANDLING OF VIOLATIONS OF THE LAW ON MEASUREMENT

Section 1

 STATE INSPECTION ON MEASUREMENT

Article 42. Objects of State Inspection on Measurement

The objects of state inspection on measurement include measurement standards, measuring instruments, measurement methods, quantities of prepackaged goods, calibration, verification, and testing activities of measuring instruments and measurement standards.

Article 43. Contents of State Inspection on Measurement

1. The contents of state inspection on measurement for measurement standards include:

a) Checking the compliance of measurement standards with the requirements stipulated in Article 11 of this Law;

b) Checking the compliance of measurement standards with the measurement requirements for corresponding measurement standards stipulated in Articles 12, 14, and 15 of this Law.

2. The contents of state inspection on measurement for measuring instruments include:

a) Checking the compliance of the representation of metrological technical characteristics of measuring instruments as prescribed in Clause 1, Article 17 of this Law;

b) Checking the compliance of parts and components of measuring instrument group 2 with approved samples;

c) Checking the compliance of measuring instruments with the requirements stipulated in Clause 2, Article 17 of this Law;

d) Checking the metrological technical characteristics of measuring instruments as prescribed in Clause 3, Article 17 of this Law;

đ) Checking the compliance of measuring instruments with storage, preservation, and usage conditions;

e) Checking the compliance of measuring instruments with the measurement requirements for corresponding measuring instruments stipulated in Articles 18 and 19 of this Law.

3. The contents of state inspection on measurement for measurement methods include:

a) Checking and determining the compliance of measuring instruments, measurement methods used, and measurement conditions with metrological technical requirements;

b) Checking the measurement error of the measurement results within the permissible error limits according to metrological technical requirements.

4. The contents of state inspection on measurement for the quantity of prepackaged goods include:

a) Checking the recording of the quantity of prepackaged goods on product labels;

b) Checking the actual quantity of goods;

c) Checking the display of measurement marks.

5. The contents of state inspection on measurement for calibration, verification, and testing activities of measuring instruments and measurement standards include:

a) Checking compliance with the principles of calibration, verification, and testing operations stipulated in Article 24 of this Law;

b) Checking compliance with operational conditions stipulated in Article 25 of this Law;

c) Checking compliance with the obligations of calibration, verification, and testing organizations stipulated in Clause 2, Article 36 and of designated calibration, verification, and testing organizations stipulated in Clause 2, Article 37 of this Law.

Article 44. Procedures and formalities for state inspection on measurement

1. Present the inspection decision before conducting the inspection. In cases where the inspection decision permits, samples shall be taken for inspection prior to presenting the inspection decision.

2. Inspection shall be carried out according to the contents specified in the inspection decision.

3. Prepare the inspection record.

4. Handle the inspection results in accordance with Article 48 of this Law.

5. Report to the agency that issued the state inspection decision on measurement.

Article 45. Forms of state inspection on measurement

1. Inspection is conducted according to programs and plans approved by competent state management agencies on measurement.

2. Surprise inspections are carried out when resolving disputes, complaints, denunciations, or when there are signs of violation of laws on measurement, or upon request from competent state agencies.

Article 46. Agencies implementing state inspection on measurement

1. The competent state agency on measurement under the Ministry of Science and Technology shall take the lead and coordinate with relevant agencies and organizations to conduct state inspection on measurement nationwide.

2. The competent state agency on measurement under the People's Committee of the province shall take the lead and coordinate with relevant agencies and organizations to conduct state inspection on measurement within their respective localities.

3. The People's Committee of the district shall take the lead and coordinate with relevant agencies and organizations to conduct state inspection on measurement within their respective areas within their functions, tasks, and authorities.

Article 47. Powers and duties of agencies implementing state inspection on measurement

1. Agencies implementing state inspection on measurement have the following powers:

a) To decide on the establishment of inspection teams;

b) To warn about risks of non-compliance with measurement requirements of inspected entities;

c) To handle violations during the inspection process in accordance with Article 48 of this Law;

d) To resolve complaints and denunciations regarding decisions of inspection teams and actions of team members in accordance with laws on complaints and denunciations.

2. Agencies implementing state inspection on measurement have the following responsibilities:

a) To develop annual inspection programs and plans to submit to competent state management agencies on measurement for approval;

b) To issue decisions on handling within fifteen days from the date of receiving reports and recommendations for handling violations from inspection teams; to announce such decisions through mass media;

c) To ensure objectivity, accuracy, transparency, and non-discrimination in state inspection activities on measurement;

d) To keep confidential information and documents related to inspected organizations and individuals until conclusions are made;

đ) To bear responsibility under the law for decisions on handling and the handling of violations already implemented.

Article 48. Handling of violations during state inspection on measurement

1. During the inspection, if standards of measurement, measuring instruments, measurement methods, quantities of pre-packaged goods, calibration, verification, and testing activities of calibration, verification, and testing organizations do not comply with the provisions of this Law, the inspection team shall implement the following measures:

a) Require production, business, storage, maintenance, and usage organizations and individuals of measurement standards to immediately stop producing, trading, and using those standards and take immediate corrective measures;

b) Require production, business, and usage organizations and individuals of measuring instruments to immediately stop producing, trading, and using those instruments and take immediate corrective measures;

c) Require production, business organizations and individuals of pre-packaged goods to immediately stop producing, trading those goods and take immediate corrective measures;

d) Require organizations and individuals to immediately stop measurement activities and take immediate corrective measures;

đ) Require calibration, verification, and testing organizations to immediately stop non-compliant calibration, verification, and testing activities and take immediate corrective measures.

2. In cases where serious violations of laws on measurement are discovered or where organizations and individuals continue to violate despite being required to take corrective measures as stipulated in Clause 1 of this Article, the inspection team shall implement the following measures:

a) Require immediate cessation of the violation;

b) Seal off non-compliant measurement standards, measuring instruments, and pre-packaged goods;

c) Immediately report to the agency implementing state inspection on measurement to recommend competent state agencies to handle the matter in accordance with the law. The inspection file sent to the competent authority includes the letter of the inspection agency, the inspection record of the inspection team, and related documents and evidence. The inspection file serves as one of the legal bases for competent state agencies to handle the matter in accordance with the law;

d) Recommend the agency implementing state inspection on measurement to publicly announce on mass media the name and address of the organization or individual and the related violations.

3. Based on the recommendation of the inspection team, competent agencies and individuals shall handle the matter in accordance with the law and publicly announce on mass media the name and address of the organization or individual and the related violations.

4. If the inspection team has members who are science and technology inspectors, specialized inspectors assigned, police officers, market regulators, or other authorized agencies, these members shall immediately handle the violations in accordance with the law.

Article 49. State Inspection Sampling Costs for Measurement

1. The costs for state inspection sampling for measurement shall be borne by the agency conducting the state inspection for measurement and allocated within the budget for the activities of the agency conducting the state inspection for measurement.

2. In cases where organizations or individuals are found to have violated measurement regulations, they must reimburse the state inspection sampling costs to the agency conducting the state inspection for measurement.

3. The Government shall provide detailed regulations on this Article.

Section 2

 INSPECTION AND HANDLING OF VIOLATIONS OF MEASUREMENT LAWS

1. The Ministry of Science and Technology's Inspectorate, the provincial and centrally-administered city Science and Technology Departments' Inspectorates, and agencies responsible for managing state affairs related to measurement shall perform specialized inspection functions for measurement.

2. Such inspections shall be carried out in accordance with this Law and laws on inspection.

Article 51. Objectives and Tasks of Specialized Measurement Inspections

1. The objects of specialized measurement inspections are organizations and individuals engaged in measurement activities.

2. Specialized measurement inspections have the task of inspecting the implementation of laws and technical regulations on measurement by organizations and individuals in their measurement activities.

Article 52. Handling Violations of Measurement Laws

1. Individuals who commit acts violating measurement laws shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the law.

2. Organizations that violate measurement laws shall be subject to administrative penalties depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the law.

3. Individuals who abuse their positions or powers to violate measurement laws shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the law.

4. Administrative penalties for violations of measurement laws as stipulated in Clause 1 and Clause 2 of this Article shall be implemented in accordance with the law on administrative penalties, except for the cases stipulated in Clause 5 of this Article.

The Chief Inspector of the Ministry of Science and Technology, the Chairperson of the People's Committee of provinces and centrally-administered cities has the authority to impose penalties for violations stipulated in this clause.

6. The Government shall specify detailed acts of administrative violations of measurement, levels of penalties, and methods of calculating illicit profits as provided in this Article.

Chapter VIII

 STATE MANAGEMENT RESPONSIBILITIES FOR MEASUREMENT

Article 53. Responsibilities of the Government

The Government shall unify state management of measurement throughout the country.

Article 54. Responsibilities of the Ministry of Science and Technology

The Ministry of Science and Technology shall be responsible before the Government for managing state affairs on measurement throughout the country, including the following responsibilities:

1. To take the lead in coordinating with ministries and ministerial-level agencies to issue, within their respective authority, or submit to competent state agencies for issuance and implementation of policies, plans for national standard development, and legal instruments on measurement.

2. To manage the establishment, maintenance, preservation, and use of the national measurement standards system.

3. To organize management of measurement activities concerning measuring instruments, measurement methods, quantities of prepackaged goods; verification, calibration, and testing activities.

4. To organize scientific research, application, and development of measurement technology.

5. To cooperate internationally on measurement.

6. To disseminate, popularize, and educate on laws related to measurement.

7. To organize management of training, capacity building, and human resource development for measurement activities.

Article 55. Responsibilities of Ministries and Ministerial-Level Agencies

1. Within the scope of their assigned tasks and powers, ministries and ministerial-level agencies shall have the responsibility to coordinate with the Ministry of Science and Technology to perform the following tasks:

a) Participate in drafting and implementing policies, plans for national standard development, and legal instruments on measurement.

b) Propose types of measuring instruments in Group 2, prepackaged goods in Group 2, and technical requirements for measurement methods in Group 2 for the Ministry of Science and Technology to issue.

c) Carry out inspection and supervision of measurement activities in their respective sectors and fields under their assigned state management.

d) Settle complaints and denunciations and handle violations of laws on measurement as prescribed by law.

2. The Ministry of National Defense and the Ministry of Public Security shall take the lead and coordinate with the Ministry of Science and Technology to stipulate the implementation of state management on measurement for special measurement activities in the defense and security sectors.

Article 56. Responsibilities of People's Committees at All Levels

1. People's Committees at all levels shall implement state management on measurement within their respective localities according to the delegation of the Government.

2. Provincial People's Committees within the scope of their assigned tasks and powers shall have the following responsibilities:

a) Propose and draft legal instruments on measurement for submission to competent state agencies for issuance; draft plans and programs on measurement.

b) Organize the implementation of legal instruments, plans, and programs on measurement.

c) Develop material and technical infrastructure and invest in equipment for measurement management work.

d) Disseminate, popularize, and organize guidance on laws related to measurement.

đ) Carry out state inspection on measurement.

e) Inspect and supervise compliance with laws on measurement; settle complaints and denunciations, and handle violations of laws on measurement as prescribed by law.

3. District People's Committees within the scope of their assigned tasks and powers shall have the following responsibilities:

a) Disseminate and popularize laws on measurement.

b) Carry out state inspection on measurement concerning measuring instruments, measurement methods, quantities of prepackaged goods according to the delegation.

c) Coordinate with competent state agencies in conducting inspections and supervision on measurement within their jurisdiction as prescribed by law.

d) Settle complaints and denunciations, and handle violations of laws on measurement as prescribed by law.

4. Commune People's Committees within the scope of their assigned tasks and powers shall have the following responsibilities:

a) Disseminate and popularize laws on measurement.

b) Coordinate with competent state agencies in conducting inspections and supervision on measurement within their jurisdiction as prescribed by law.

c) Settle complaints and denunciations, and handle violations of laws on measurement as prescribed by law.

Chapter IX

IMPLEMENTING PROVISIONS

Article 57. Effectiveness

This Law shall take effect from July 1, 2012.

 The Ordinance on Measurement No. 16/1999/PL-UBTVQH10 dated October 6, 1999, which stipulates fees for verification of measuring instruments in the list of fees issued together with the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 dated August 28, 2001, shall cease to be effective from the date this Law takes effect.

Article 58. Detailed provisions

The Government and other competent authorities shall issue detailed regulations for the Articles and Clauses assigned in this Law.

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This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, second session, on November 11, 2011./.