Decree No. 105/2016/NĐ-CP on conditions for the operation of organizations conducting calibration, verification, and testing of measuring instruments and measurement standards.

DECREE

Provisions on the conditions for operation of organizations conducting calibration, verification, testing of measuring instruments, measurement standards.

Calibration, verification, testing of measuring instruments, measurement standards.

___________

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to the proposal of the Minister of Science and Technology;

The Government issues a Decree prescribing the conditions for operation of organizations conducting calibration, verification, testing of measuring instruments, measurement standards.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the conditions for operation of organizations conducting calibration, verification, testing of measuring instruments, measurement standards, the rights and obligations of organizations and individuals in the activities of calibration, verification, testing of measuring instruments, measurement standards.

2. The conditions for operation of organizations conducting calibration, verification, testing of measuring instruments, measurement standards directly serving special metrological activities in the fields of national defense and security, and organizations conducting calibration, verification of radiation recording devices not within the scope regulated by this Decree.

Article 2. Applicability

1. Organizations providing calibration, verification, testing services for measuring instruments, measurement standards (hereinafter referred to as organizations providing calibration, verification, testing services).

2. Organizations conducting calibration, verification, testing of measuring instruments, measurement standards designated (hereinafter referred to as designated organizations conducting calibration, verification, testing).

3. State agencies, organizations, and other individuals related to the activities of calibration, verification, testing of measuring instruments, measurement standards.

Chapter II

CONDITIONS FOR OPERATIONS OF ORGANIZATIONS CONDUCTING CALIBRATION, VERIFICATION, TESTING

Article 3. Conditions for operations of organizations providing calibration, verification, testing services

1. Having legal personality under Vietnamese law.

2. Possessing sufficient technical facilities meeting the following conditions:

Calibration, verification, testing procedures are self-established and issued by organizations providing calibration, verification, testing services and must comply with guidelines from the Ministry of Science and Technology or international recommendations from the International Legal Metrology Service Organization, International Electrotechnical Commission standards, International Organization for Standardization standards, relevant manufacturer documentation.

a) Being civil servants or employees with contracts lasting 12 months or more;

b) Graduating from a technical college or equivalent level or higher;

c) Completing the relevant calibration, verification, testing vocational training course corresponding to the field of activity and in accordance with the guidance of the Minister of Science and Technology.

a) Publicly disclosing the calibration, verification, testing procedures already applied;

b) The head of the organization providing calibration, verification, testing services must adhere to the management system, calibration, verification, testing procedures already disclosed and be responsible for the accuracy of the calibration, verification, testing results performed;

c) Calibration, verification, testing staff must adhere to the disclosed calibration, verification, testing procedures and be responsible for the accuracy of the calibration, verification, testing results performed.

7. Holding a registration certificate for providing calibration, verification, testing services for measuring instruments, measurement standards (hereinafter referred to as the registration certificate) in accordance with this Decree.

Article 4. Conditions for operation of organizations designated for calibration, verification, testing activities

6. Being designated in accordance with the provisions of Article 25 of the Measurement Law.

Article 5. Application Documents for Providing Calibration, Verification, Testing Services

The application documents for providing calibration, verification, testing services (referred to as the application documents) include:

1. An application form for providing calibration, verification, testing services for measuring instruments and measurement standards (in accordance with Form No. 01 attached to this Decree).

2. A certified copy or a copy accompanied by the original for comparison of the decision on establishment or certificate of registration for scientific and technological activities or business registration certificate issued by the competent state authority.

3. A report on technical facilities and human resources (in accordance with Form No. 02 attached to this Decree).

4. A list of documents of the management system established and maintained for the fields of calibration, verification, and testing activities registered for implementation.

Article 6. Issuance of Registration Certificate

1. Receiving authority

The Standardization, Metrology and Quality Control General Department is the agency assisting the Minister of Science and Technology in receiving applications for issuance of registration certificates within the jurisdiction of the Ministry of Science and Technology.

2. The organization applying to provide calibration, verification, and testing services (referred to as the applicant organization) shall prepare one set of application documents to submit directly or register online via the Standardization, Metrology and Quality Control General Department's electronic portal.

3. In cases where the application documents are complete and valid, within seven working days from the date of receipt of the application documents, the Ministry of Science and Technology shall be responsible for issuing a registration certificate for providing calibration, verification, and testing services for measuring instruments and measurement standards (in accordance with Form No. 03 attached to this Decree).

4. In cases where the application documents are incomplete or invalid, within five working days from the date of receipt of the application documents, the Standardization, Metrology and Quality Control General Department shall notify the applicant organization of the reasons for rejecting the processing of the application documents or the contents that need to be amended or supplemented.

5. In cases where there is information, feedback, or inspection results indicating that one or more operational conditions of the applicant organization do not comply with regulations or requirements of the competent state authority, within thirty days from the date of receipt of the information, feedback, or inspection results or the requirements of the competent state authority, the Standardization, Metrology and Quality Control General Department shall organize an evaluation at the premises as the basis for issuing the registration certificate in accordance with Clause 3 of this Article. If the evaluation result does not comply with the regulations, the applicant organization shall bear the cost of the on-site evaluation.

Article 7. Reissuing the Registration Certificate

The Registration Certificate shall be reviewed and reissued in the following cases:

1. In case the Registration Certificate is lost or damaged and cannot continue to be used, the procedure for reissuance shall be carried out as follows:

a) The service provider organization shall prepare one set of application documents for reissuance and submit it directly or register online through the electronic portal of the National Standard Measurement Quality Control Agency.

The application includes: A letter from the service provider organization clearly stating the reasons for requesting reissuance; the previously issued Registration Certificate (in the case where the Registration Certificate for operation is damaged);

b) The issuance of the Registration Certificate shall follow the provisions stipulated in Clause 3 of Article 6 of this Decree.

2. In case there is a request to amend the contents of the already issued Registration Certificate for operation, the reissuance procedure shall be carried out as follows:

a) The service provider organization shall prepare one set of application documents for reissuance and submit it directly or register online through the electronic portal of the National Standard Measurement Quality Control Agency.

The application includes: A service provision registration form for inspection, calibration, and testing of measuring instruments and metrological standards (according to Form No. 01 attached to this Decree); relevant documents and papers related to the amended content;

b) The reissuance procedure of the Registration Certificate shall follow the provisions stipulated in Clauses 3, 4, and 5 of Article 6 of this Decree.

3. In case there is a request to reissue the Registration Certificate that has been terminated according to Clause 1 of Article 8 of this Decree and the service provider organization has completed the corrective measures:

a) The service provider organization shall prepare one set of application documents for reissuance and submit it directly or register online through the electronic portal of the National Standard Measurement Quality Control Agency.

The application includes: A letter requesting reissuance of the Registration Certificate for operation; the previously issued Registration Certificate for operation; documents and papers proving the completion of corrective measures;

b) The reissuance procedure of the Registration Certificate shall follow the provisions stipulated in Clauses 3, 4, and 5 of Article 6 of this Decree.

Article 8. Termination of Effectiveness of the Registration Certificate

The issued Registration Certificate ceases to be effective when its effectiveness is terminated. The procedures and formalities for terminating the effectiveness of the Registration Certificate shall be carried out as follows:

1. In case the service provider organization for inspection, calibration, and testing fails to maintain any one of the operational conditions stipulated in Article 3 or does not fulfill the responsibilities stipulated in Clause 1 of Article 11 of this Decree, or if the inspection, calibration, and testing staff do not fulfill the responsibilities stipulated in Clause 2 of Article 11 of this Decree, the Minister of Science and Technology shall be responsible for deciding to terminate the effectiveness of the issued Registration Certificate (hereinafter referred to as the decision to terminate the effectiveness of the Registration Certificate).

2. In case the service provider organization for inspection, calibration, and testing violates the law and has their right to use the Registration Certificate revoked or their activities suspended according to the decision of the competent state authority, the Minister of Science and Technology shall be responsible for deciding to terminate the effectiveness of the Registration Certificate.

3. In case the service provider organization for inspection, calibration, and testing goes bankrupt or is dissolved, the Minister of Science and Technology shall be responsible for deciding to terminate the effectiveness of the Registration Certificate.

4. In case the service provider organization for inspection, calibration, and testing requests to cease all activities within the scope certified by the Registration Certificate, the procedure for terminating the effectiveness of the Registration Certificate shall be carried out as follows:

a) The service provider organization shall submit a direct written request accompanied by the previously issued Registration Certificate to the National Standard Measurement Quality Control Agency or register online through the electronic portal of the National Standard Measurement Quality Control Agency;

b) Within five working days from the date of receipt of the request, the Minister of Science and Technology shall be responsible for deciding to terminate the effectiveness of the Registration Certificate.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of Ministries and Ministerial-Level Agencies

1. The Minister of Science and Technology shall be responsible for guiding and organizing the management of verification, calibration, and testing activities; inspecting and supervising the implementation of responsibilities of agencies, organizations, and individuals related to the provisions of this Decree throughout the country.

2. Ministries, ministerial-level agencies, and agencies under the Government within their respective tasks and authorities shall be responsible for coordinating with the Ministry of Science and Technology to organize the provision of verification, calibration, and testing services according to the provisions of this Decree in their respective sectors and fields under their assigned state management.

Article 10. Responsibilities of People's Committees of Provinces and Central Cities

1. Organizing propaganda, dissemination, and implementation of the provisions of this Decree within their localities.

2. Organizing the implementation of this Decree; regularly inspecting according to plans or突击检查，根据有权国家机关的要求对本决定规定的服务提供活动进行监督检查，并遵守与计量相关的其他法律法规。

Article 11. Responsibilities of Organizations and Individuals Providing Verification, Calibration, and Testing Services

1. Responsibilities of organizations providing verification, calibration, and testing services:

a) Conducting verification, calibration, and testing activities in the fields that have been certified and registered; complying with, maintaining, and retaining records and documents regarding the organization of activities stipulated in this Decree;

b) Issuing and implementing regulations on the management of verification, calibration, and testing activities of verifiers, calibrators, and testers; maintaining, preserving, and using measurement standards and equipment for verification, calibration, and testing; printing, manufacturing, managing, and using verification, calibration, and testing certificates; measures to prevent and protect against influences that may alter the key technical characteristics of measuring instruments and measurement standards during use;

c) Publicly posting service prices; complying with price regulations for verification, calibration, and testing services and state inspections on measurement conducted by authorized state agencies;

d) Annually preparing and submitting activity reports on verification, calibration, and testing (in Form No. 04 attached to this Decree) before March 31 or when requested by authorized state agencies.

2. Responsibilities of verifiers, calibrators, and testers:

a) Conducting verification, calibration, and testing activities in the fields that have been certified and registered according to the assignment of the head of the verification, calibration, and testing service provider organization and consistent with the fields they have been trained in;

b) Adhering strictly to the procedures and formalities stipulated in the verification, calibration, and testing process and being responsible for the results of the verification, calibration, and testing they have performed;

c) Implement measures prescribed to prevent and protect against influences that may alter the technical characteristics of measuring instruments and measurement standards during use;

d) When discovering acts suspected of violating laws on measurement, they must immediately report to the head of the organization to cooperate with authorized state agencies to handle the situation in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Decree takes effect from July 1, 2016.

Article 13. Transitional Provisions

Organizations providing verification, calibration, and testing services for measuring instruments and measurement standards that have been certified and registered, and designated according to current regulations on measurement for verification, calibration, and testing activities of measuring instruments and measurement standards, shall continue to conduct verification, calibration, and testing activities in the fields that have been certified and designated and in accordance with the provisions of this Decree.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

Ministers, Heads of Ministerial-Level Agencies, Heads of Agencies under the Government, Chairpersons of People's Committees of Provinces and Central Cities, and relevant organizations and individuals shall be responsible for enforcing this Decree.