Circular No. 09/2017/TT-BKHCN on measurement for volume measurements in retail trade

CIRCULAR

Regulations on Measurement for Volume Measurements in Retail Trade

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

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

Pursuant to Decree No. 02/2003/NĐ-CP dated January 14, 2003 of the Government on the development and management of markets and Decree No. 114/2009/NĐ-CP dated December 23, 2009 of the Government amending and supplementing certain articles of Decree No. 02/2003/NĐ-CP dated January 14, 2003 of the Government on the development and management of markets;

Pursuant to Decree No. 99/2011/NĐ-CP dated October 27, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Consumer Protection;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Considering the proposal of the Director General of the National Standard Metrology Quality Control Agency and the Director of the Legal Department;

The Minister of Science and Technology promulgates this Circular regulating measurement for volume measurements in retail trade.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates measurement for volume measurements in retail trade.

Article 2. Applicability

1. Organizations and individuals (hereinafter referred to as persons) implementing volume measurements in retail trade.

2. State agencies, other organizations, and individuals related thereto.

Article 3. Explanation of Terms

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

1. Volume measurement in retail trade means a set of weighing operations to determine the quantity of goods according to units of volume measurement in the sale of consumer goods (foodstuffs, food products, other general consumer goods; excluding gasoline, diesel fuel, gas, gold, drugs, cosmetics) at markets, shopping centers, retail points, with the presence of the buyer and seller;

2. Shortage means the difference between the declared quantity and the actual quantity;

3. Declared quantity is the quantity of goods indicated on the scale when performing volume measurements in retail trade;

4. Actual quantity is the quantity of goods in compliance with regulations;

5. Calibration weight is a weight that meets the requirements specified in Clause 1 and Clause 2 of Article 6 and is used to perform the verification measurement as prescribed in Clause 3 of Article 6 of this Circular;

6. Verification measurement is a measurement carried out by the agency or unit responsible as prescribed in Chapter III to check compliance with the shortage regulations stipulated in Article 5 of this Circular.

Chapter II

REQUIREMENTS FOR MEASUREMENT FOR VOLUME MEASUREMENTS IN RETAIL TRADE

Article 4. Measuring Instruments

Scales used to perform volume measurements in retail trade must meet the following requirements:

1. Have a weighing range suitable for the weight of goods to be weighed; have a division value (d) (d is shown on the scale label) corresponding to the weight of goods to be weighed as prescribed in Table 1;

Table 1

(*) The weight of goods to be weighed must not exceed the maximum capacity of the scale.

2. Must have been calibrated at a calibration organization designated under the law on measurement;

3. Parts and components of the scale must be consistent with the approved model;

4. Parts, components, and functions capable of interfering with the basic metrological characteristics of the scale must be sealed or lead-sealed by the designated calibration organization.

Article 5. Permissible Shortage

1. In cases where spring balance scales are used, the permissible shortage shall be determined according to the provisions set out in Table 2.

Table 2

2. In cases where scales not specified in Clause 1 of this Article are used, the permissible shortage shall not exceed two (2) times the limit of the allowable error at the initial verification of the scale being used.

Article 6. Calibration weights, calibration measurements

1. Calibration weights may include one or more weights of 0.5 kg; 1 kg; 2 kg; 5 kg; 10 kg; 20 kg.

2. Calibration weights specified in Clause 1 of this Article must meet the following requirements:

a) The error shall not exceed 1/1000 of the nominal mass of the weight (or have a precision grade M)₁);

b) They must have been verified at a designated verification organization in accordance with the law on measurement;

c) They must be stored and used in accordance with the manufacturer's instructions.

3. Calibration measurements shall be carried out as follows:

a) Depending on the actual situation, select the quantity of goods for calibration but not exceeding the maximum weighing capacity of the scale used in retail trade;

b) Select one or more calibration weights having a mass (or total mass) equal to the mass of the goods for calibration;

c) Place the calibration weight(s) on the scale;

d) Read the scale indication.

In cases where the scale is used to sell goods to customers, if the value indicated on the scale minus the mass (or total mass) of the calibration weights exceeds the permissible shortage stipulated in Article 5 of this Circular, it shall be concluded that the retail trade measurement does not comply with the prescribed requirements.

In cases where the scale is used to purchase goods from customers, if the mass (or total mass) of the calibration weights minus the value indicated on the scale exceeds the permissible shortage stipulated in Article 5 of this Circular, it shall be concluded that the retail trade measurement does not comply with the prescribed requirements.

Example 1

According to Table 1, the seller selects and uses a spring balance scale with a maximum capacity of 8kg and a graduation value d = 20g to weigh goods sold to customers.

Calibration measurements are carried out as follows:

- For example, choose a calibration mass of 1kg (according to Table 2, the permissible shortage is 1d = 20g);

- Select calibration weights with a mass of 1kg;

- Place the calibration weights on the scale;

- Read the scale indication (by graduation or by gram). If the scale indication exceeds the position or is greater than (1kg + 1d) or (1kg + 20g), it shall be concluded that the measurement does not comply with the prescribed requirements.

Example 2

According to Table 1, the seller selects and uses a spring balance scale with a maximum capacity of 10kg and a graduation value d = 50g to weigh goods sold to customers.

Calibration measurements are carried out as follows:

- For example, choose a calibration mass of 7kg (according to Table 2, the permissible shortage is 2d = 2 x 50g = 100g);

- Select calibration weights with a total mass of 7kg;

- Place the calibration weights on the scale;

- Read the scale indication (by graduation or by gram). If the scale indication exceeds the position or is greater than (7kg + 2d) or (7kg + 100g), it shall be concluded that the measurement does not comply with the prescribed requirements.

Example 3

At a wholesale market, according to Table 1, the purchasing entity selects and uses a spring balance scale with a maximum capacity of 100kg and a graduation value d = 200g to weigh goods purchased from customers.

Calibration measurements are carried out as follows:

- For example, choose a calibration mass of 50kg;

- Select calibration weights with a total mass of 50kg (According to Table 2, the permissible shortage is 3d = 3 x 200g = 600g);

- Place the calibration weights on the scale;

- Read the scale indication (by graduation or by gram). If the scale indication does not reach the position or is less than (50kg - 3d) or (50kg - 600g), it shall be concluded that the measurement does not comply with the prescribed requirements.

Chapter III

RESPONSIBILITIES OF STATE AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

Article 7. Responsibilities of the Ministry of Science and Technology

The Director of the General Department of Standards, Measurement and Quality assists the Minister of Science and Technology in performing the following tasks:

1. To take the lead and coordinate with relevant agencies and organizations to conduct state supervision and inspection on measurement for volume measurements in retail trade as prescribed by law.

2. To organize the dissemination of information, propaganda, and professional guidance on measurement for relevant state agencies, organizations, and individuals to implement the provisions of this Circular.

Article 8. Responsibilities of Provincial Departments of Science and Technology under Central Cities

1. To direct the Standardization, Measurement and Quality Control Agency, the Department of Science and Technology Inspectorate to take the lead and coordinate with relevant agencies and units to conduct state supervision and inspection on measurement for volume measurements in retail trade within their jurisdiction.

2. To compile and report periodically in March each year or at any time when required, to the Ministry of Science and Technology and the People's Committee of the province or centrally-administered city the situation of supervision, inspection, and handling of violations related to measurement for volume measurements in retail trade within the local area.

Article 9. Responsibilities of Standardization, Measurement and Quality Control Agencies of Provinces and Centrally-Administered Cities

1. To perform comparative measurements as prescribed in Article 6 of this Circular at markets, shopping centers, and retail points within the local area.

2. To organize verification activities according to regulations for scales at markets, shopping centers, and retail points within the local area.

3. To disseminate information, propaganda, and provide professional guidance on measurement for relevant organizations and individuals according to plans approved by the Department of Science and Technology.

4. To take the lead and coordinate with market management boards and shopping center management boards to organize guidance for buyers to perform comparative measurements as prescribed in Clause 3, Article 6 of this Circular to check the volume of purchased goods.

5. To conduct supervision and inspection on measurement for volume measurements in retail trade within the local area according to the provisions of the law.

6. To compile and report periodically in March each year or at any time when required, to the Department of Science and Technology and the General Department of Standards, Measurement and Quality the situation of supervision and inspection on measurement for volume measurements in retail trade within the local area.

Article 10. Responsibilities of People's Committees of Provinces and Centrally-Administered Cities

1. To direct and guide subordinate People's Committees under their authority to carry out inspections on volume measurements in retail trade at markets, shopping centers, and retail points as prescribed in this Circular and relevant laws on measurement.

2. To direct subordinate People's Committees under their authority to organize guidance on the provision and use of reference weights and the performance of comparative measurements as prescribed in this Circular within their management areas; to compile and report periodically in the fourth quarter each year or at any time when required, on the situation of supervision and inspection on volume measurements as prescribed by law.

Article 11. Responsibilities of the market management board, commercial center

1. Place, maintain, and preserve standard weights in accordance with Clause 1 and Clause 2 of Article 6 of this Circular.

2. Carry out the prescribed verification checks as set forth in Article 6 of this Circular on a regular basis or upon request from relevant authorities or persons with rights and obligations.

3. Report and coordinate with competent authorities to handle violations related to weight measurement in retail trade according to the provisions of the law.

4. Be subject to inspection and supervision by state agencies with authority.

5. Promote and disseminate this Circular and other relevant legal provisions to traders within the market and commercial center for their knowledge and compliance.

6. Periodically compile and report to the People's Committee of the commune on the implementation of weight measurement inspections in retail trade according to the law, either annually on December 15 or at any time upon request.

Article 12. Responsibilities of individuals performing weight measurements in retail trade

1. Adhere to the requirements stipulated in Article 4 of this Circular when conducting weight measurements in retail trade.

2. Ensure that the quantity of goods sold matches the permissible shortage as specified in Article 5 of this Circular.

3. Comply with inspections and supervisions conducted by state agencies and authorized personnel.

4. Bear responsibility for compensation in accordance with the law.

Article 13. Responsibilities of other organizations and individuals involved

1. Monitor the implementation of requirements concerning weight measurements in retail trade as set forth in Articles 4 and 5 of this Circular.

2. Report suspected violations of regulations and requirements to the market management board, commercial center, or competent authorities for verification checks; report violations of measurement regulations to competent authorities or organizations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from August 15, 2017.

Article 15. Implementation Organization

1. The Standardization, Measurement, and Quality Control General Department shall guide and organize the implementation of this Circular.

2. During the implementation process, if any issues arise or difficulties occur, they should be promptly reported in writing to the Ministry of Science and Technology through the Standardization, Measurement, and Quality Control General Department for guidance or research on amendments and supplements as necessary.

3. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under the central government, and related organizations and individuals have the responsibility to implement this Circular./.