Decision No. 104/2009/QĐ-TTg on the functions, tasks, powers, and organizational structure of the General Department of Standardization, Measurement, and Quality Control

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the General Bureau of Standards Metrology and Quality

_____________________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Based on the Measurement Ordinance dated October 6, 1999;

Based on Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Considering the proposal of the Minister of Science and Technology,

DECISION:

Article 1. Position and Functions

1. The General Bureau of Standards Metrology and Quality is an agency under the Ministry of Science and Technology, with the function of advising and assisting the Minister of Science and Technology in state management of standards, metrology, and product quality; organizing the implementation of state management tasks regarding standards, metrology, and product quality as prescribed by law.

2. The General Bureau of Standards Metrology and Quality has legal personality, its own account, a seal bearing the National Emblem, and its headquarters located in Hanoi City.

Article 2. Tasks and Powers

The Standardization, Measurement and Quality Control Department shall perform the following tasks and powers:

1. Submit to the Minister of Science and Technology for submission to the Government and the Prime Minister:

a) Draft laws, ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly; draft decrees of the Government, draft decisions of the Prime Minister concerning standards, metrology, and product quality;

b) Strategies, plans, programs, projects, and proposals of national importance concerning standards, metrology, and product quality.

2. Submit to the Minister of Science and Technology for approval or decision:

a) Plans, programs, projects, and proposals concerning standards, metrology, and product quality;

b) Draft circulars and documents concerning technical regulations and standards, metrology, and product quality, product labels; concerning the management of conformity assessment activities, designation of conformity assessment organizations;

c) Publishing national standards;

d) Issuing national technical regulations, lists of products and commodities that may cause safety risks within the scope of responsibility of the Ministry of Science and Technology;

đ) Specifying criteria, conditions, procedures, and formalities for awarding national quality awards; conditions and formalities for awarding product and commodity quality awards proposed by organizations and individuals.

3. Organizing propaganda, dissemination, education on laws, and guidance on business practices concerning standards, metrology, and product quality.

4. Implementing legal regulatory documents, strategies, plans, programs, projects concerning standards, metrology, and product quality after approval or issuance.

5. Issuing professional and business guidance documents concerning standards, metrology, and product quality and other individual documents as prescribed by law.

6. Regarding standards and technical regulations:

a) Organizing the drafting of national standard drafts and national technical regulation drafts in the assigned fields;

b) Participating in the drafting of national standard drafts led by ministries, ministerial-level agencies, and government agencies;

c) Reviewing draft national standards and draft national technical regulations prepared by Ministries, ministerial-level agencies, and government agencies; providing opinions on the establishment and issuance of local technical regulations according to the assignment of the Minister of Science and Technology;

d) Providing guidance on the construction of standards and technical regulations;

đ) Organizing the promotion and application of national standards, international standards, regional standards, and foreign standards in Vietnam;

e) Participating in the development of international standards and regional standards as prescribed by law;

g) Organizing reviews, recommending the Minister of Science and Technology to amend, supplement, replace, or revoke national standards and national technical regulations issued or promulgated by the Minister of Science and Technology;

h) Implementing the registration and publication of technical regulation directories; publishing national standards and national standard directories.

7. Regarding metrology:

a) Establishing, maintaining, preserving, and utilizing national measurement standards in the assigned fields;

b) Organizing calibration, verification, and testing activities related to metrology;

c) Providing guidance on the construction of measurement standards systems of ministries, sectors, and localities;

d) Certifying measurement standards; recognizing the capability of measuring instrument verification; certifying and issuing measurement verifier cards;

đ) Approving samples of domestically produced or imported measuring instruments.

8. On product quality and goods:

a) Organizing the implementation of programs and projects to improve productivity and product quality;

b) Leading inspections of domestic product quality, circulating goods, imported goods, and goods in use under the responsibility of the Ministry of Science and Technology;

c) Cooperating with relevant quality management agencies in supervision and inspection activities on product and commodity quality under the responsibility of sectoral ministries;

d) Organizing the awarding of national quality awards to organizations and enterprises;

đ) Managing product labels and barcode numbers.

9. On conformity assessment with standards and technical regulations:

a) Managing the activities of conformity assessment organizations operating in Vietnam;

b) Organizing the registration of the scope of activities of conformity assessment organizations;

c) Designating conformity assessment organizations including testing organizations, certification organizations, appraisal organizations, and verification organizations; implementing conformity assessment activities according to national technical regulations issued by the Ministry of Science and Technology; guiding the designation of conformity assessment organizations by ministries, sectors, and localities;

d) Leading the implementation or coordinating with relevant ministries and sectors to implement international agreements and mutual recognition arrangements concerning conformity assessment results in the field of standards, metrology, and product quality according to the assignment of the Minister of Science and Technology;

đ) Guide the implementation of conformity assessment methods according to national technical regulations issued by the Ministry of Science and Technology;

e) Managing the accreditation of testing, calibration, certification, and inspection organizations;

g) Coordinating with relevant agencies to manage the declaration of conformity and compliance.

10. Cooperating with market management agencies and relevant agencies to organize the implementation of inspections, supervision, and handling of violations of law in the production and sale of counterfeit, prohibited, substandard goods, and other fraudulent trade practices related to the field of standards, metrology, and product quality as prescribed by law.

11. Organize and manage the operation of the national network of notification and inquiry agencies regarding technical barriers in trade;

12. Implementing international cooperation on standards, metrology, and product quality as prescribed by law; representing Vietnam at international and regional organizations concerning standards, metrology, and product quality according to the decision of competent state authorities.

13. Organizing training and professional skill enhancement for agencies and organizations operating in the field of standards, metrology, and product quality.

14. Guiding and creating conditions for associations, organizations, and individuals to participate in standardization, metrology, and product quality activities.

15. Manage and organize the implementation of investment projects under the National Standard Measurement Quality Administration according to the provisions of the law;

16. Organizing scientific research, application of scientific and technological progress; testing, information dissemination, and consulting on standards, metrology, and product quality.

17. Inspecting, auditing, resolving complaints and denunciations, preventing corruption and malpractice, and handling violations of law concerning standards, metrology, and product quality within the authority granted.

18. Implement administrative reform in the field of standards, measurement, and product quality according to the goals and contents of the administrative reform program and plan that have been approved by the competent authority.

19. Organize the implementation of advanced quality management systems in the operations of state administrative agencies.

20. Manage organizational structure, staffing, officials, civil servants, public employees, finance, and assets assigned in accordance with the provisions of the law and the delegation of the Ministry of Science and Technology.

21. Perform other tasks and powers delegated by the Minister of Science and Technology in accordance with the provisions of the law.

Article 3. Organizational Structure

1. Standards Division.

2. Measurement Division.

3. Conformity Assessment and Compliance Division.

4. Department of Planning and Finance.

5. International Cooperation Department;

6. Organization and Cadre Department.

7. Inspection.

8. Office.

9. Product and Commodity Quality Management Bureau (abbreviated as GS1 VietNam).

10. Vietnam Institute of Standards and Quality;

11. Vietnam Institute of Metrology;

12. Standard Metrology Quality Technical Center 1.

13. Standard Metrology Quality Technical Center 2.

14. Standard Metrology Quality Technical Center 3.

15. Conformity Certification Center.

16. Vietnam Productivity Center.

17. Standard Metrology Quality Vocational Training Center.

18. Standard Metrology Quality Information Center.

19. Small and Medium Enterprise Development Support Center 1.

20. Small and Medium Enterprise Development Support Center 2.

21. Vietnam-Germany Technology Training and Transfer Center.

22. Standard Metrology Quality Magazine.

23. National Notification and Inquiry Office on Standard Metrology Quality.

The organizations from Clause 1 to Clause 9 of this Article are administrative organizations assisting the Director General in performing state management functions; the organizations from Clause 10 to Clause 23 of this Article are service organizations serving state management.

The Minister of Science and Technology decides on the establishment, dissolution, reorganization, and restructuring of subordinate service organizations under the Standard Metrology Quality Administration in accordance with the provisions of the law.

Article 4. Leadership of the Standard Metrology Quality Administration

1. The General Department of Standardization, Measurement and Quality Control shall have a Director and not more than three Deputy Directors.

2. The Director and Deputy Directors shall be appointed, relieved of duty, or dismissed by the Minister of Science and Technology in accordance with the provisions of the law.

3. The Director General of the Standard Metrology Quality Administration stipulates the functions, tasks, powers, and organizational structure of units under the Administration in accordance with the provisions of the law and the delegation of the Minister of Science and Technology.

4. The Director General of the Standard Metrology Quality Administration is responsible before the Minister of Science and Technology and the law for all activities of the Administration; the Deputy Director General is responsible before the Director General and the law for the areas of work assigned to them.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from October 12, 2009, and replaces Decision No. 140/2004/QĐ-TTg dated August 5, 2004, of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the Standard Metrology Quality Administration.

2. The Minister of Science and Technology, the Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, and the Director General of the Standard Metrology Quality Administration are responsible for implementing this Decision./.