Circular No. 07/2019/TT-BKHCN amending and supplementing certain provisions of Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of the Minister of Science and Technology on measurement for measuring instruments in Group 2.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of the Minister of Science and Technology on measurement for measuring instruments in Group 2

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

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director General of the National Standardization, Metrology and Quality Control Department and the Head of the Legal Affairs Department;

The Minister of Science and Technology issues this Circular amending and supplementing certain provisions of Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of the Minister of Science and Technology on measurement for measuring instruments in Group 2.

Article 1. Amending and supplementing certain provisions of Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of the Minister of Science and Technology on measurement for measuring instruments in Group 2

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

"Article 3. Explanation of terms

In this Circular, the following terms are understood as follows:
1. Measurement technical requirements are a set of measurement technical characteristics of measuring instruments specified in Vietnamese Measurement Technical Documents (VMTD);
2. Pmeasuring instrument is a technical device, including: measuring devices and tools; devices and tools with measurement functions; measurement systems to perform measurements;
3. Measuring instruments in Group 2 are measuring instruments used to quantify goods and services in trade, settlement, ensure safety, protect public health, protect the environment, in inspection, supervision, forensic examination, and other public service activities controlled according to the measurement technical requirements specified in Vietnamese Measurement Technical Documents;
4. Approval sample is a measurement control measure implemented by the General Bureau of Standards, Metrology and Quality to evaluate and confirm that a sample of measuring instruments or a type of measuring instruments (hereinafter referred to as sample) meets the measurement technical requirements;
5. Calibration is a measurement control measure carried out by a calibration organization designated to assess and confirm that the measurement technical characteristics of measuring instruments meet the measurement technical requirements;
6. Measuring instrument manufacturing facility is an organization or individual implementing one or more activities such as technology transfer, production, assembly, improvement, modification of measuring instruments that have been produced or imported;
7. Measuring instrument import facility is an organization or individual importing or acting as an agent for the importation of complete measuring instruments;
8. Measuring instrument trading facility is an organization or individual engaged in wholesale, retail, agency purchase and sale of measuring instruments in Vietnam;
"9. Other terms shall be understood in accordance with the provisions of Article 3 of the Law on Measurement dated November 11, 2011."

2. Amending and supplementing Clause 4 as follows:

"Article 4. List of measuring instruments, measurement control measures, and calibration cycles for measuring instruments

The list of measuring instruments, measurement control measures, and calibration cycles for measuring instruments includes:
1. Measuring instruments, measurement control measures, and calibration cycles for measuring instruments specified in the following table:

- Throughout the entire period specified in the calibration cycle, the measurement technical characteristics of the measuring instrument must be maintained during its use.

- Sign "-": measure not to be implemented for measuring instruments;

- Throughout the entire period specified in the calibration cycle, the metrological technical characteristics of the measuring instruments must be maintained during the period of use.
2. Measurement instruments not specified in Clause 1 of this Article but required to be inspected or calibrated according to national technical regulations, regulatory legal documents, or when used for inspection, supervision, forensic appraisal, or other state administrative activities must be inspected or calibrated upon request from the competent state management agency, without the need for model approval.

3. Amend and supplement Article 25 as follows:

"Article 25. Responsibilities of entities using measurement instruments
1. Ensure storage and usage conditions for measurement instruments in accordance with the manufacturer's specifications and technical requirements set forth by authorized state metrology agencies; maintain the metrological characteristics of measurement instruments throughout their use period and between inspections.
2. Conduct regular inspections and post-repair inspections of measurement instruments during use as stipulated in Chapter IV of this Circular.
3. Adhere to the professional qualifications, expertise, and work experience requirements for personnel operating measurement instruments as prescribed by authorized state metrology agencies.
4. Provide conditions as prescribed for relevant parties to monitor and inspect the implementation of measurements, measurement methods, measurement instruments, and quantities of goods.
5. Comply with state inspections and supervisions on metrology conducted by authorized state agencies in accordance with the law."

4. Amend and supplement Article 28 as follows:

"Article 28. Responsibilities of advisory and assisting agencies under provincial People's Committees directly under the Central Government managing science and technology
1. Direct the Provincial Standard Metrology Quality Control Bureau to carry out state inspections and supervisions on metrology in accordance with the law.
2. Direct the Inspectorate of the advisory and assisting agencies under provincial People's Committees directly under the Central Government managing science and technology to conduct inspections on compliance with metrology laws within their jurisdiction, handle complaints and reports, and address violations of metrology laws in accordance with the law."

5. Amend and supplement Article 29 as follows:

"Article 29. Responsibilities of Provincial Standard Metrology Quality Control Bureaus
1. Provide information, promote, and guide related organizations and individuals to implement the provisions of this Circular.
2. Inspect and impose administrative penalties for violations of metrology laws concerning Group 2 measurement instruments within their jurisdiction in accordance with the law.
3. Carry out state inspections on measurement instruments within their jurisdiction within the scope of responsibilities stipulated in Clause 3 of Article 13 of 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 Metrology.
4. Annually before May 30 or at any time upon demand for state management, prepare a report on the implementation of verification checks, propose the number of measurement instruments requiring verification checks, organize designated entities to perform verification checks within the local area, and submit these reports to the National Standard Metrology Quality Control Agency and the advisory and assisting agencies under provincial People's Committees directly under the Central Government managing science and technology."

Article 2. Implementation clause

Domestic stainless steel produced and imported before June 1, 2020 shall continue to circulate in the market until June 1, 2021.

Article 3. Implementation Organization

1. During implementation, if issues arise or difficulties occur, organizations and individuals shall promptly reflect them in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements.

2. The Director of the National Standard Metrology Quality Control Agency is responsible for guiding and organizing the implementation of this Circular.

3. The Minister, Heads of Ministries equivalent to Ministries, Chairpersons of Provincial People's Committees directly under the Central Government, and related organizations and individuals are responsible for organizing the implementation of this Circular./.