Circular No. 08/2005/TT-BKHCN guiding the functions, tasks, powers, and organizational structure of Provincial and Central City Standard Metrology Quality Control Agencies

CIRCULAR

Guidelines for the functions, tasks, authorities, and organizational structure of Provincial and Central City Standard Measurement Quality Control Agencies

Guidelines for the functions, tasks, authorities, and organizational structure of Provincial and Central City Standard Measurement Quality Control Agencies

Guidelines for the functions, tasks, authorities, and organizational structure of Provincial and Central City Standard Measurement Quality Control Agencies

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of Science and Technology and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP dated May 19, 2003;

Pursuant to Decree No. 06/2002/NĐ-CP dated January 14, 2002 of the Government detailing the implementation of the Law on Metrology;

Pursuant to Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government on state management of product quality;

After receiving the unified opinion of the Ministry of Home Affairs at Document No. 1145/BNV-TCBC dated May 19, 2005 regarding the agreement to issue Circular guiding the functions, tasks, authorities, and organizational structure of Provincial and Central City Standard Measurement Quality Control Agencies;

The Ministry of Science and Technology guides the functions, tasks, authorities, and organizational structure of Provincial and Central City Standard Measurement Quality Control Agencies (hereinafter referred to as Standard Measurement Quality Control Agencies) as follows:

I. Position and Functions

The Standard Measurement Quality Control Agency is an agency under the provincial Science and Technology Authority, with the function of assisting the Director of the Provincial Science and Technology Department in performing state management tasks related to standards, measurement, and product quality in accordance with the provisions of the law.

The Standard Measurement Quality Control Agency has legal personality, its own seal, and separate bank accounts, subject to direct management and guidance from the Provincial Science and Technology Department, and specialized technical guidance from the National Standard Measurement Quality Control Agency.

II. Tasks and Authorities

1. Study and propose to the Director of the Provincial Science and Technology Department to submit to the Chairman of the People's Committee of the province (hereinafter referred to as the province) specific documents to implement national policies and laws on standards, measurement, and product quality that are suitable to the specific conditions of the locality.

2. Develop tasks, programs, plans, and development plans for standardization activities, measurement management, and product quality management in the locality for submission by the Director of the Provincial Science and Technology Department to the Chairman of the People's Committee of the province for approval and issuance.

3. Guide and organize the implementation of regulatory legal documents, programs, plans, and activities related to standards, measurement, and product quality in the locality. Provide professional guidance and inspection on standards, measurement, and product quality within the province.

4. Guide organizations and individuals engaged in production, business, and services to apply international standards, foreign standards, Vietnamese standards, industry standards, and establish local basic standards.

5. Organize the implementation of calibration of measuring instruments within the recognized scope, build and manage a calibration network of measuring instruments to meet the requirements of the locality.

6. Organize, manage, guide, and inspect the implementation of product quality standards announcements, goods meeting standards announcements, and other management measures according to the division of responsibilities assigned by competent state agencies.

7. Inspect the quality of products and goods circulating in the market and exported/imported goods, handle violations, and guide the resolution of disputes over product quality and labeling according to the division of responsibilities assigned by competent state agencies and the provisions of the law.

8. Organize testing and evaluation of the quality of products and goods produced and circulated in the province according to the requirements of state management. Manage the activities of technical service organizations designated to serve state management work on standards, measurement, and product quality according to the division of responsibilities assigned by competent state agencies.

9. Organize research and application of scientific and technological progress; provide information, propaganda, and dissemination of knowledge and laws on standards, measurement, and product quality in the locality.

10. Provide training and vocational training on standards, measurement, and product quality in the locality.

11. Coordinate to carry out specialized inspections on standards, measurement, and product quality in the locality according to the division of responsibilities assigned by competent state agencies.

12. Implement the collection, payment, management, and use of fees, charges, and other revenues related to standardization, measurement, and product quality activities in accordance with the provisions of the law.

13. Manage the organizational structure, cadres, civil servants, labor force, and finance and assets in accordance with the provisions of the law.

14. Perform other tasks as assigned by the Director of the Provincial Science and Technology Department.

III. Organizational Structure and Staffing

The Standard Measurement Quality Control Agency has the following organizational structure:

- Administrative-General Office,

- Quality Standards Management Office,

- Measurement Management Office.

Based on the workload and specific conditions of the locality, the Director of the Provincial Science and Technology Department shall take the lead and coordinate with the Director of the Provincial Home Affairs Department to submit to the People's Committee of the province for the establishment of specialized offices of the Standard Measurement Quality Control Agency.

The maximum number of offices of the Provincial Standard Measurement Quality Control Agency shall not exceed four, while the maximum number of offices of the Central City Standard Measurement Quality Control Agency shall not exceed five.

Based on the needs and specific workload of each locality, the Director of the Standard Measurement Quality Control Agency shall propose to the Director of the Provincial Science and Technology Department for consideration and submission to the competent authority for the determination of the staffing level of the agency.

IV. Leadership of the Agency

The Standard Measurement Quality Control Agency has a Director and several Deputy Directors.

The Director of the Standard Measurement Quality Control Bureau shall be appointed, dismissed, or removed from office by the Chairman of the Provincial People's Committee upon the proposal of the Director of the Department of Science and Technology. The Director of the Bureau shall be responsible to the Director of the Department of Science and Technology and to the law for all activities of the Standard Measurement Quality Control Bureau.

The Deputy Director of the Standard Measurement Quality Control Bureau shall be appointed, dismissed, or removed from office by the Director of the Department of Science and Technology upon the proposal of the Director of the Standard Measurement Quality Control Bureau and shall be responsible to the Director of the Bureau and to the law for the assigned areas of work.

V. Implementation Provisions

This Circular shall take effect fifteen days after its publication in the Official Gazette.

This Circular replaces Circular No. 220/KHKT-TT dated February 24, 1984, of the State Committee for Science and Technology (now the Ministry of Science and Technology), guiding the establishment and operation of the Standard Measurement Quality Control Bureaus of provinces, cities, and central special administrative regions, and any guidelines on the functions, tasks, powers, and organization of the Standard Measurement Quality Control Bureaus that conflict with this Circular.

The Chairman of the People's Committee at the provincial level shall base this Circular to specifically define the functions, tasks, powers, and organization and staffing of the Standard Measurement Quality Control Bureau.

Any issues arising during implementation or difficulties encountered should be promptly reported to the Ministry of Science and Technology for study and resolution./.