Circular No. 10/2022/TT-BKHCN amends and supplements certain provisions of Circular No. 28/2013/TT-BKHCN dated December 17, 2013, issued by the Minister of Science and Technology on state inspection of measurement.

  CIRCULAR

Amendingsupplement amending certain provisions of Circular No. 28/2013/TT-BKHCNdated December 17, 2013 issued by the Minister of Science and Technologyon state inspection of measurement

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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;

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

Pursuant to Decree No. 13/2022/NĐ-CP dated January 21, 2022 of the Government ; amendingone supplementing certain provisions of Decree No.132/2008/NĐ-CPdated December 31, 2008, Decree No.74/2018/NĐ-CPdated May 15, 2018 of the Government detailing the implementation of onenumberarticle of the Product Quality Law and Decree No.86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain articles of the Measurement Law;

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

Article 1. Amending and supplementing certain provisions of Circular No. 28/2013/TT-BKHCN dated December 17, 2013 issued by the Minister of Science and Technology on state inspection of measurement

1. Amend and supplement Point a of Clause 1 of Article 1 as follows:

"a) Inspection of measuring instruments, measurements, and quantities of pre-packaged goods in production, circulation on the market, or in use;"

Article 2. Amending and supplementing Clause 3 of Article 21 as follows:

"3. In cases where inspections during circulation on the market or in use reveal that imported measuring instruments or quantities of pre-packaged goods do not comply with the laws on measurement, the inspecting authority shall handle the matter within its jurisdiction and has the responsibility to notify in writing the General Department of Standardization, Metrology, and Quality Control. Depending on the extent and scale of the impact, the General Department of Standardization, Metrology, and Quality Control shall notify in writing the relevant specialized agency responsible for advising on standardization, metrology, and quality control or the Provincial Standardization, Metrology, and Quality Control Agency and the customs office at the point of importation to strengthen inspections at the border or to recommend competent authorities to issue decisions temporarily suspending or stopping the importation of such measuring instruments or pre-packaged goods."

Article 3. Abolishing certain provisions of Circular No. 28/2013/TT-BKHCN dated December 17, 2013 issued by the Minister of Science and Technology on state inspection of measurement

1. Abolish Chapter II; Clause 1 of Article 39.

2. Abolish Model 1. DKKT, Model 2. PTNHSĐK, and Model 3. TBKQKT attached to Circular No. 28/2013/TT-BKHCN dated December 17, 2013 issued by the Minister of Science and Technology on state inspection of measurement.

Article 3. Effectiveness

This Circular takes effect from September 12, 2022.

Article 4. Responsibilities for Implementation

1. The Director of the General Department of Standardization, Metrology, and Quality Control is responsible for organizing and guiding the implementation of this Circular.

2. During the implementation process, if any issues arise or difficulties occur, organizations and individuals should promptly report them in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements as necessary.

3. The Minister, Heads of Ministries equivalent to ministries, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular./.