Decree No. 06/2002/ND-CP detailing the implementation of the Ordinance on Measurement.

DECREE OF THE GOVERNMENT

Detailed Implementation Regulations for the Measurement Ordinance

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Measurement Ordinance dated October 6, 1999;

At the request of the Minister of Science, Technology, and Environment;

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. This Decree provides detailed regulations on the implementation of the Measurement Ordinance adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam on October 6, 1999.

Article 2

1. The uniformity and accuracy of measurement are demonstrated through the representation of measurement results using legal units of measurement with errors within appropriate limits for the measurement process.

2. Ensuring the uniformity and accuracy of measurement is the responsibility of state agencies, economic organizations, political organizations, political-social organizations, occupational social organizations, people's armed forces units, and all individuals (hereinafter referred to as organizations and individuals).

Article 3. All organizations and individuals, according to their functions, tasks, and authorities, have the following responsibilities:

1. To implement state regulations, industry regulations, and local regulations regarding measurement;

2. To equip measuring instruments, organize their use, maintenance, and conduct measurements to ensure uniformity and accuracy in accordance with political, social, scientific research, and value requirements of goods and services in production and business activities;

3. To establish and promulgate necessary regulations for measurement management to ensure uniformity and accuracy in measurement;

4. To organize calibration, inspection, maintenance, and repair of measuring instruments;

5. To train and educate measurement staff.

Article 4

1. Complaints about violations of measurement laws are actions by organizations and citizens requesting competent organizations and individuals to review administrative decisions or actions related to measurement when there is evidence that such decisions or actions violate measurement laws and infringe upon their legitimate rights and interests.

2. Reporting violations of measurement laws is the action of citizens informing competent organizations and individuals about violations of measurement laws or related actions by any organization or individual causing damage to the State, the legitimate rights and interests of organizations and citizens.

3. Competent organizations and individuals are responsible for resolving complaints and reports about measurement in accordance with the Law on Complaints and Reports and other relevant current laws.

Chapter 2:

LEGAL UNITS OF MEASUREMENT AND STANDARDS OF MEASUREMENT

Article 5

1. Legal units of measurement in Vietnam are established in accordance with the International System of Units (SI), which was adopted at the Eleventh International Conference on Weights and Measures held in Paris in 1960 and subsequently improved and supplemented at subsequent conferences.

2. The International System of Units comprises seven base units and derived units derived from these base units.

The seven base units of the International System of Units are:

a) Meter, symbol m, unit of length;

b) Kilogram, symbol kg, unit of mass;

c) Second, symbol s, unit of time;

d) Ampere, symbol A, unit of electric current intensity;

e) Kelvin, symbol K, unit of temperature;

f) Candela, symbol cd, unit of luminous intensity;

g) Mole, symbol mol, unit of amount of substance.

Legal units of measurement are specified in Decree No. 65/2001/NĐ-CP dated September 28, 2001, issued by the Government establishing the system of legal units of measurement of the Socialist Republic of Vietnam.

Article 6. The measurement standard system for each field of measurement includes national standards and lower accuracy standards, namely primary standards and working standards:

1. National standards are measurement standards as defined in Article 8 of the Measurement Ordinance;

2. Primary standards are the highest accuracy measurement standards in a locality or organization used to determine the values of other standards in that field of measurement. Primary standards are periodically linked directly to national standards or indirectly through higher accuracy standards;

3. Working standards are measurement standards used for testing or calibrating measuring instruments. Working standards are periodically linked directly to primary standards or indirectly through higher accuracy standards.

, Clause 1, Clause 2 Article 7a of this Regulation.

1. The Ministry of Science, Technology, and Environment shall develop a national measurement standard plan consistent with the level of development of the national economy and the trend of development of world measurement science and technology to submit to the Prime Minister for approval.

2. Based on the approved national measurement standard plan, the Ministry of Science, Technology, and Environment shall submit to the Prime Minister for decision on other agencies to undertake the establishment, maintenance, preservation, and exploitation of national measurement standards for specific fields of measurement.

Article 8. On the basis of the evaluation results and recommendations of the National Measurement Standard Appraisal Council, the Ministry of Science, Technology, and Environment shall submit to the Prime Minister for approval of national measurement standards.

The criteria for evaluating and approving national measurement standards include:

1. Technical and measurement capabilities of the standards;

2. Necessary conditions for preserving, maintaining, and deriving standards, including comparison equipment, auxiliary equipment, environmental conditions, workspace;

3. Professional staff capacity.

4. Relevant technical and metrological documents.

The content, procedures, and processes for approving national measurement standards; organizational structure, tasks, and powers of the National Measurement Standard Appraisal Council shall be implemented in accordance with the Prime Minister's decision.

Article 9. The Ministry of Science, Technology, and Environment, the Ministry of Finance, the Ministry of Planning and Investment, and related state agencies are responsible for ensuring financial support, international cooperation, and other necessary material and technical conditions to implement the planning for building national measurement standards; maintaining, exploiting, and conducting international comparisons of these standards in accordance with Article 8 of the Measurement Ordinance.

Article 10

1. Reference standards as stipulated in Clause 2, Article 7 of the Measurement Ordinance are materials whose one or more component or property values have been determined for uniformity and accuracy to calibrate equipment, evaluate measurement methods, or to define the component or property values of other materials or substances.

2. A reference standard model is certified as a certified reference standard if it is accompanied by a certificate containing one or more values regarding its components and characteristics that have been certified through a defined procedure to establish the link between them and the accurate representation of units used to express such component or characteristic values, with each certified value being accompanied by specific measurement uncertainty.

Article 11. The agency or organization responsible for certifying reference standards shall be accountable for the results of data presented in the reference standard certification certificates they provide.

The Ministry of Science, Technology and Environment shall specify the management of reference standards and certified reference standards.

Chapter 3:

Serial

Article 12

1. The Ministry of Science, Technology and Environment shall promulgate the List of measuring instruments requiring verification after consulting relevant ministries and sectors; stipulate registration procedures for verification; and define the content, sequence, and procedures for recognizing verification capability and delegating verification of measuring instruments.

2. State management agencies at all levels for measurement shall be responsible for organizing and implementing verification and establishing a network of delegated verification of measuring instruments to meet requirements within their assigned management areas.

3. Organizations and individuals producing, repairing, importing, or using measuring instruments listed for verification must register for verification according to the verification regimes prescribed in Article 12 of the Measurement Ordinance.

Organizations and individuals possessing verified measuring instruments; organizations and individuals requesting approval of measuring instrument models must pay fees and charges as prescribed by law.

Article 13

1. Organizations authorized to conduct verification of measuring instruments include:

a) State management agencies for measurement or organizations under these agencies recognized for verification capability for specific measuring instruments;

b) Other organizations authorized to verify specific measuring instruments.

2. The content, sequence, and procedures for recognizing verification capability and delegating verification shall be carried out in accordance with regulations issued by the Ministry of Science, Technology and Environment.

Article 14. Verification of measuring instruments shall be uniformly conducted by metrology verifiers (hereinafter referred to as verifiers) following verification procedures. Verifiers must be certified and issued a verifier card to perform verification tasks at recognized or delegated verification organizations.

The Ministry of Science, Technology and Environment shall specify the certification of verifiers and the issuance of verification procedures.

Chapter 4:

CALIBRATION OF MEASURING INSTRUMENTS AND TESTING METHODS

Article 15. Calibration shall be performed on the following measuring instruments:

1. Measuring instruments used as standards to calibrate other measuring instruments or to mark scales on measuring instruments;

2. Measuring instruments used to control and adjust technological processes in production and services;

3. Measuring instruments used to determine product characteristics or usage features of materials, equipment for quality inspection, research, new product design, warranty, repair, and restoration of products;

4. Measuring instruments used in scientific and technological research.

Article 16.

1. Calibration activities include:

a) Performing calibration of primary standards in appropriate calibration laboratories;

b) Self-calibrating working standards directly with appropriate primary standards or indirectly through higher accuracy standards;

c) Self-calibrating measuring instruments using appropriate working standards;

d) Calibrating upon request from other entities.

2. Accreditation of calibration laboratories is a measure to ensure the reliability and accuracy of calibration results; it is a necessary condition for mutual recognition of measurement and testing results among domestic institutions, regional countries, and internationally. Calibration laboratories carry out calibration and are responsible for the results of calibration.

Article 17. The Ministry of Science, Technology and Environment shall implement specific measures to encourage and facilitate the development of calibration activities and the establishment of accredited calibration laboratories by research and technology institutions, production, and business establishments:

1. To stipulate general requirements for the capabilities of calibration laboratories and accreditation bodies based on internationally agreed standards for nationwide application;

2. To widely organize training, provide information, and knowledge about calibration activities and laboratory accreditation to institutions;

3. To prioritize the use of accredited calibration laboratories in performing calibration and testing tasks serving state management in science, technology, standards, measurement, and quality; in participating in regional and international cooperation on calibration and testing.

Article 18. The Ministry of Science, Technology and Environment shall stipulate measurement methods for organizations and individuals using measuring instruments to follow. Organizations and individuals conducting measurements shall create favorable conditions for responsible persons, customers, or customer representatives to check these measurement methods.

Article 19. The Ministry of Science, Technology and Environment shall stipulate a list of prepackaged goods subject to quantity management, permissible discrepancies between actual goods and quantities stated on packaging, and corresponding inspection methods.

Chapter 5:

PRODUCTION, EXPORT, IMPORT OF MEASURING INSTRUMENTS

Article 20.

1. Production of measuring instruments includes self-research and design, manufacture; importation of parts and accessories or receipt of transferred manufacturing and assembly technologies for use domestically and export.

2. In the following cases, approval of measuring instrument models is not required as stipulated in Article 22 of the Measurement Ordinance:

a) Measuring instruments produced according to the design model issued by the competent state management agency for measurement;

b) Measuring instruments produced according to models approved by other organizations or individuals with the written consent of those organizations or individuals.

Article 21. For imported measuring instruments, in the following cases, approval of measuring instrument models is not required as stipulated in Article 22 of the Measurement Ordinance:

1. Measuring instruments already holding a type approval certificate from the International Organization of Legal Metrology (OIML).

2. Measuring instruments that have approval sample certificates from the national measurement authorities of countries with mutual recognition of measurement instrument testing results with Vietnam.

Chapter 6:

STATE MANAGEMENT IN TERMS OF MEASUREMENTS

Article 22. The Government shall unify state management of measurement throughout the country.

The Ministry of Science and Technology and Environment shall be responsible before the Government for implementing the task of unifying state management of measurement.

The National Standard Measurement Quality Agency under the Ministry of Science and Technology and Environment shall directly assist the Minister of Science and Technology and Environment in implementing state management of measurement, with specific powers and duties as follows:

1. Organizing research, planning, drafting programs and projects to submit to competent authorities for approval; drafting regulatory legal documents, policies, standards on measurement to submit to higher-level state agencies for issuance; organizing the implementation of decisions of the Government and higher-level management agencies mentioned above;

2. Establishing, maintaining, preserving and operating national measurement standards in relevant fields;

3. Organizing verification activities, conducting verification to recognize verification capabilities and authorize verification of measuring instruments; certifying metrology verifiers;

4. Guiding, organizing and developing calibration activities of measuring instruments, organizing the recognition of calibration laboratories and standard samples;

5. Organizing and managing the approval of measuring instrument models in production and import of measuring instruments;

6. Organizing research and application of scientific and technological progress, organizing training and technical skill improvement in measurement;

7. Cooperating with related agencies and localities to organize propaganda, education, and dissemination of legal knowledge on measurement;

8. Directing, inspecting, and supervising organizations and individuals in the implementation of laws on measurement; resolving complaints and accusations; handling violations of measurement laws within their jurisdiction;

9. Implementing international cooperation activities on measurement according to delegated authority.

Article 23. Ministries, ministerial-level agencies, and government agencies shall have the following responsibilities according to their functions, tasks, and powers:

1. When researching and building strategic goals, plans, and orientation for industry development, they must simultaneously establish plans and orientations for measurement development as a basis for technological improvement, application of new scientific and technical achievements, and enhancing production, business, and scientific research efficiency in the industry;

2. Based on state regulations, they shall build and issue necessary regulations for industry measurement management;

3. Building and developing industry measurement agencies and facilities; organizing coordination and linkage of measurement capabilities of facilities to serve practical and effective industry and facility production, business, and scientific research activities;

4. Building and submitting to the Government for issuance policies and preferential regulations on investment, credit, tax, land use rights, and international cooperation to encourage the production and export of measuring instruments; allocating appropriate funds for verification activities;

5. Monitoring and inspecting industry and facility measurement activities to ensure compliance with measurement laws.

Article 24. Provincial People's Committees and municipal people's committees under the central government shall implement state management of measurement at the local level.

Departments of Science and Technology and Environment shall assist provincial and municipal people's committees under the central government in performing state management functions of measurement. Local Standard Measurement Quality Agencies under Departments of Science and Technology and Environment shall directly assist Departments of Science and Technology and Environment in implementing state management of measurement at the local level. The Ministry of Science and Technology and Environment shall take the lead and coordinate with the Government's Organization and Cadre Department to guide the organization, tasks, and powers of Local Standard Measurement Quality Agencies.

Article 25. People's Committees at all levels within their functions and authorities shall have the following responsibilities:

1. Based on state regulations, issuing necessary documents for local measurement management;

2. Planning and allocating appropriate funds to build physical infrastructure and purchase necessary equipment for local measurement management;

3. Organizing the implementation and propaganda, educating the public to comply with state regulations on measurement; inspecting and urging organizations and individuals engaged in trading, business, services, and other public welfare activities in markets, concentrated commercial areas, places providing public services, and agricultural product purchasing sites to ensure accurate measurements;

4. Organizing the acceptance and resolution of complaints, accusations, and suggestions regarding measurement within their assigned authority or transferring them to responsible agencies for resolution.

Chapter 7:

SPECIALIZED INSPECTION ON MEASUREMENT

Article 26. Specialized inspection on measurement is a function of the state management agency on measurement aimed at improving the effectiveness of state management of measurement.

The National Standard Measurement Quality Agency and Local Standard Measurement Quality Agencies shall conduct specialized inspection on measurement within their delegated tasks and powers.

Article 27.

1. The content of specialized measurement inspection includes: inspecting the implementation of legal provisions on units of measurement; measurement standards and standard samples; verification and authorized verification of measuring instruments; production, trade, export, import, and use of measuring instruments; production and trade of prepackaged goods by quantity; implementation of measurements and other legal provisions related to measurement.

2. The methods and procedures for specialized measurement inspection shall be carried out in accordance with legal provisions on inspection.

Article 28. Specialized inspection on measurement shall only follow the law, ensuring accuracy, objectivity, transparency, democracy, and promptness. No organization or individual may intervene illegally in specialized measurement inspection activities.

Article 29.

1. The Minister of Science, Technology and Environment shall appoint and relieve the Director of the Specialized Inspection Department for Measurement; the General Director of the Standardization, Measurement and Quality Control Department shall appoint and relieve the Deputy Director of the Specialized Inspection Department for Measurement and the Inspectors of the Specialized Inspection Department for Measurement.

2. Inspectors of the Specialized Inspection Department for Measurement shall be issued with inspection badges and provided with uniform attire according to the regulations of the Minister of Science, Technology and Environment.

3. The Specialized Inspection Department for Measurement shall use its own seal in its inspection activities.

Article 30. The Specialized Inspection Department for Measurement shall have the following tasks:

1. Participate in drafting legal normative documents on measurement, develop programs, plans, and inspection work on measurement to submit to competent authorities for decision-making;

2. Monitor, guide, and inspect the Heads of agencies and units under the management of the Standardization, Measurement and Quality Control Department in implementing legal provisions concerning inspection work on measurement, programs, plans, and inspection business;

3. Train inspection work skills for measurement inspectors and cooperative inspection officers;

4. Receive complaints and denunciations, verify, conclude, and propose measures to resolve complaints and denunciations according to the provisions of the law;

5. Conduct inspections and conclusions on the implementation of legal provisions on measurement;

6. Inspect, verify, issue decisions to amend, supplement, or replace violation handling decisions made by the Director of the Inspection Bureau if there is evidence that such decisions violate the law or cause damage to state interests, lawful rights and interests of citizens.

Article 31. The Specialized Inspection Department for Measurement shall have the following rights:

1. Propose to the Head of the same-level agency or the higher-level inspection organization measures to prevent and handle after inspection;

2. Require individuals and organizations related to provide necessary information and materials for inspection work, request relevant agencies and organizations to send personnel to participate in inspection work;

3. Temporarily suspend the execution of decisions of agencies and units under the management of the same-level agency or subordinate levels related to the inspected case or subject if it is deemed that the execution of such decisions impedes the inspection work;

4. Temporarily suspend actions if it is deemed that such actions violate the law, cause harm, or pose a risk of causing harm to the interests of the State or the legitimate rights and interests of agencies, organizations, or citizens;

5. Temporarily suspend work, issue warnings to inspected subjects within the management scope who intentionally obstruct the performance of inspection tasks; in cases where the inspected subject does not fall within the management scope, report and propose the competent authority to make a decision;

6. Seal documents, seize assets; request competent authorities to temporarily detain money, objects, suspend or revoke relevant certificates, licenses if there is evidence indicating a violation of the law and the need to prevent it and promptly find measures to address it;

7. Request forensic examination, invite cooperative officers to participate in inspection work when necessary;

8. Apply preventive and penalty measures according to the provisions of the law on administrative violations;

9. Transfer files on law violations to criminal investigation agencies for handling according to the law if there are signs indicating criminal offenses;

10. Exercise other powers as prescribed by law.

Article 32. Organizations and individuals who are inspected subjects or related to the inspection shall fulfill requests, proposals, and decisions on inspection according to the law, create conditions for inspection organizations and inspectors to complete their tasks; inspected subjects mentioned in this Article have the right to explain, complain about inspection conclusions, proposals, and decisions according to the law;

Chapter 8.

ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF MEASUREMENT LAWS

Article 33. Administrative penalties for violations of measurement laws shall be implemented according to a separate decree of the Government.

Article 34. Any person who abuses their position or power to obstruct lawful activities or violate laws on measurement shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation.

Chapter 9. 

IMPLEMENTING PROVISIONS

Article 35. The Minister of Science, Technology and Environment shall be responsible for guiding the implementation of this Decree.

Article 36. This Decree takes effect fifteen days from the date of signature. Previous provisions contrary to this Decree are hereby abolished.

Article 37. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.