Decision No. 1068/QD-TDC on the issuance of the Regulation on the organization and operation of the Inspection Department of the General Bureau of Standards Measurement and Quality Control.

 

Pursuant to …;

REGARDING THE ADOPTION OF REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE INSPECTION DEPARTMENT OF THE GENERAL DEPARTMENT OF STANDARDS-MEASUREMENTS-QUALITY CONTROL

MINISTER OF THE MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT

Pursuant to the Government Decree No. 15-CP dated March 2, 1993 on tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;
Pursuant to the Decree No. 22-CP dated May 22, 1993 on tasks and powers of the organizational structure of the Ministry of Science, Technology and Environment;
Pursuant to the Measurement Law dated July 16, 1990; the Product Quality Law dated January 2, 1991; the Inspection Law dated April 1, 1990;
Pursuant to Decision No. 764/QD-TDC dated August 25, 1994 of the Minister of Science, Technology and Environment on the establishment of the Inspection Department of the General Department of Standards-Measurements-Quality Control;
Considering the proposals of the following officials: The Director of the General Department of Standards-Measurements-Quality Control, the Chief Inspector of the Ministry, the Head of the Organization and Cadres Department of the Ministry of Science;

Pursuant to …;

Article 1. Attached herewith is the "Regulations on the organization and operations of the Inspection Department of the General Department of Standards-Measurements-Quality Control" which replaces the "Regulations on the organization and operations of the Inspection Department of the General Department of Standards-Measurements-Quality Control" issued together with Decision No. 470/TCCB dated July 21, 1992.

Article 2. The officials of the Ministry's Office, the Head of the Organization and Cadres Department of the Ministry of Science, the Chief Inspector of the Ministry, and the Director of the General Department of Standards-Measurements-Quality Control are responsible for implementing this Decision.

 

REGULATION

ON THE ORGANIZATION AND OPERATIONS OF THE INSPECTION DEPARTMENT
OF THE GENERAL DEPARTMENT OF STANDARDS-MEASUREMENTS-QUALITY CONTROL

(Issued together with Decision No. 1068 dated September 23, 1994)
4. The organizations and individuals proposed for selection are those with the highest ranked application files, but the average score must reach at least 70 out of 100 points, including a minimum average score of 50 out of 70 points for scientific and practical value.

PART I
GENERAL PROVISIONS

Article 1. The General Department of Standards-Measurements-Quality Control (hereinafter referred to as the General Department TCDC) is a state management agency for standards-measurements-quality control with the function of inspecting the implementation of state policies and laws on standards-measurements-quality control by organizations and individuals throughout the country.

Article 2. State inspection activities on standards-measurements-quality control have general duties and powers as prescribed in Chapter II of the Inspection Ordinance, Chapter VII of the Measurement Ordinance, and Chapter VII of the Product Quality Ordinance.

Article 3. State inspection activities on standards-measurements-quality control must comply with the law, ensuring accuracy, objectivity, transparency, democracy, and promptness. No organization or individual may interfere illegally in state inspection activities on standards-measurements-quality control.

Article 4. Organizations and individuals subject to inspection or related to the inspection must fulfill the requirements of the inspection activities as stipulated by law to facilitate the completion of the inspection tasks by the inspection organization and inspectors. At the same time, they have the right to explain, appeal against conclusions, recommendations, and decisions of the inspection according to the provisions of the law.

 

PART II
ORGANIZATION, TASKS, POWERS, AND RELATIONSHIPS

Article 5.

1. The Inspection Department of the General Department is an organization within the structure of the General Department TCDC, part of the state inspection system of the Ministry of Science, Technology and Environment, and exercises state inspection powers over standards-measurements-quality control nationwide and directs inspection work for subordinate units.

2. The Inspection Department of the General Department is under the direct leadership and guidance of the Director of the General Department TCDC and receives general guidance on inspection business from the Inspectorate of the Ministry of Science, Technology and Environment.

21. The organization of the Inspection Department of the General Department TCDC includes a central unit located at the General Department and regional units.

- The Inspection Department of the General Department located in Hanoi City (referred to as the Inspection Department Regional Unit 1 KV1).

- The Inspection Department of the General Department located in Da Nang City (referred to as the Inspection Department Regional Unit 2 KV2).

- The Inspection Department of the General Department located in Ho Chi Minh City (referred to as the Inspection Department Regional Unit 3 KV3).

Implement the function of state inspection on standards-measurements-quality control in the region assigned by the Ministry of Science, Technology and Environment.

Article 6. The Inspection Department of the General Department is authorized to use its own seal in inspection activities. The Inspection Department of the General Department located in each region uses seals according to the regulations of the state (similar in shape, size, and content to the seal of the Inspection Department of the General Department (the first seal), but with specific symbols KV1, KV2, KV3) and opens accounts at local state treasuries to serve its activities.

Article 7. The Inspection Department of the General Department has the following tasks and powers:

1. Inspect the implementation of state policies and laws on standards-measurements-quality control, handle violations of the law, and propose preventive measures against illegal acts concerning standards-measurements-quality control by organizations and individuals nationwide. Specifically, it inspects the implementation of legal provisions on standards-measurements-quality control that are inter-ministerial, inter-regional, or related to the nation, and other necessary cases.

2. Inspect the implementation of state policies and laws and assigned tasks by the General Department TCDC for units and individuals directly managed by the General Department TCDC.

3. Examine and resolve complaints and denunciations according to the law, specifically:

a. Conduct examination and recommend the Director of the General Department TCDC to resolve complaints and denunciations related to the activities of standards-measurements-quality control of ministries, state committees, other government agencies, and centrally-administered cities and provinces.

b. Conduct examination and recommend the Director of the General Department TCDC to resolve issues of disagreement regarding recommendations, conclusions, and decisions in inspection work and complaint resolution related to the activities of standards-measurements-quality control of units under the General Department TCDC.

c. Conduct examination and recommend the Director of the General Department TCDC to resolve complaints and denunciations related to the heads of units directly under the General Department TCDC.

4. Guide and supervise the heads of units directly under the General Department TCDC in the implementation of state regulations on inspection work and complaint resolution.

5. Propose directions and plans for state inspections on standards-measurements-quality control nationwide, monitor the implementation, compile comprehensive reports on inspection work during each period, and submit them to the Director of the General Department TCDC and the Chief Inspector of the Ministry of Science, Technology and Environment.

6. Guide and direct the professional inspection work on standards-measurements-quality control for agencies within the state inspection system on standards-measurements-quality control.

7. Perform other tasks and powers as prescribed in Chapter II of the Inspection Ordinance, Chapter VII of the Measurement Ordinance, and Chapter VII of the Product Quality Ordinance.

8. Recommend the Director General of the National Standardization, Measurement and Quality Control Agency to resolve issues related to inspection work; in case the recommendation is not accepted, they have the right to report their findings to the Inspector General of the Ministry of Science and Technology and Environment.

Article 8. The Inspection Office of the Agency consists of the Chief Inspector of the Agency, Deputy Chief Inspectors of the Agency, and Inspectors.

1. The Chief Inspector of the Agency is directly responsible to the Director General of the National Standardization, Measurement and Quality Control Agency for all inspection activities of the Agency, and is responsible to the Inspector General of the Ministry of Science and Technology and Environment for inspection work within the scope of management of the Agency.

2. Deputy Chief Inspectors of the Agency and Inspectors are responsible to the Chief Inspector of the Agency for the areas of work assigned to them.

3. The appointment and removal of the Chief Inspector of the Agency shall be proposed by the Director General of the National Standardization, Measurement and Quality Control Agency, reported to the Inspector General of the Ministry and the Head of the Department of Organization and Cadres of Science, and decided by the Minister of Science and Technology and Environment.

The appointment and removal of Deputy Inspectors shall be carried out in accordance with the provisions of the Law.

4. The Inspection Office operates under the head system.

Article 9. The Chief Inspector of the Agency has the following powers:

1. To exercise the rights prescribed in Article 7 of this Regulation and other rights stipulated in the Inspection Ordinance, the Measurement Ordinance, and the Product Quality Ordinance.

2. To issue decisions temporarily suspending the enforcement of disciplinary decisions or job transfers made by the heads of units directly subordinate to the National Standardization, Measurement and Quality Control Agency, for individuals who are cooperating with the Agency's Inspection Office or are subjects of inspection, if it is deemed that the enforcement of such decisions will hinder the inspection work.

For decisions made by the heads of units not under the jurisdiction of the National Standardization, Measurement and Quality Control Agency, recommendations should be made to the competent authority for resolution.

3. To issue warnings and temporary suspension from work for employees of units directly subordinate to the National Standardization, Measurement and Quality Control Agency who intentionally obstruct or fail to comply with inspection requirements, suggestions, and decisions. After issuing a warning or temporary suspension, a written report must be submitted to the Director General of the National Standardization, Measurement and Quality Control Agency within two days.

For the heads of units directly subordinate to the National Standardization, Measurement and Quality Control Agency, the matter should be referred to the Director General for decision. For employees not under the jurisdiction of the National Standardization, Measurement and Quality Control Agency, the matter should be referred to the competent authority for decision.

Article 10. Inspectors of the National Standardization, Measurement and Quality Control Agency

1. State Inspectors on Standardization, Measurement and Quality Control (referred to as Inspectors) are individuals entrusted by the Agency to carry out inspection tasks as prescribed by the Law.

2. In performing inspection duties, Inspectors must adhere to the law and are accountable to the law and the person issuing the inspection decision regarding their conclusions, suggestions, and decisions.

3. When performing their duties, Inspectors have the following rights:

a. To exercise the rights prescribed in Clauses 1, 2, 3, 4, and 8 of Article 9, Chapter II of the Inspection Ordinance.

b. To exercise the provisions set forth in Article 30, Chapter VII of the Measurement Ordinance and Article 30, Chapter VII of the Product Quality Ordinance.

Article 11. The Inspection Office of the National Standardization, Measurement and Quality Control Agency is located in the area where state inspection work on standardization, measurement, and quality control is carried out within the scope of its delegated management.

The Inspection Office of the National Standardization, Measurement and Quality Control Agency located in the area includes:

1. The Deputy Chief Inspector of the Agency responsible for the Inspection Office located in the area.

2. State Inspectors on Standardization, Measurement and Quality Control.

The Inspection Office of the National Standardization, Measurement and Quality Control Agency located in the area is directly guided by the Deputy Chief Inspector of the Agency responsible for the inspection area.

Article 12. The tasks and powers of the Inspection Office of the National Standardization, Measurement and Quality Control Agency located in the area are implemented according to Article 7 of this regulation within the scope of its delegated management and the regulations on state inspection of standardization, measurement, and quality control.

Article 13. The Deputy Chief Inspector of the Agency responsible for the inspection area has the powers prescribed in Article 9 of this regulation within the scope of delegation by the National Standardization, Measurement and Quality Control Agency.

Article 14. The Inspection Office of the National Standardization, Measurement and Quality Control Agency maintains relationships with the Inspection Offices located in various areas on the following matters:

1. To guide annual inspection plans and those for specific periods according to directives from the Director General of the National Standardization, Measurement and Quality Control Agency and the Chief Inspector of the Ministry of Science and Technology and Environment.

2. To guide and implement information reporting systems and inspection results, complaints, and accusations.

3. To request the dispatch of Inspectors to join inspection teams of the National Standardization, Measurement and Quality Control Agency.

Article 15. Heads of units directly subordinate to the National Standardization, Measurement and Quality Control Agency are responsible for:

1. Organizing and implementing inspection systems to check the implementation of tasks, plans, policies, and laws of the state within the scope of their delegated management, and examining and resolving complaints and accusations within their authority.

2. Implementing requests, suggestions, and decisions on inspections issued by the Inspection Office of the National Standardization, Measurement and Quality Control Agency, inspection teams, or Inspectors concerning their own unit.

3. Creating favorable conditions for people's inspection committees within their own agencies and units to operate, promptly reviewing and resolving requests and suggestions from these committees as prescribed by the Law.

Article 16. Units directly subordinate to the National Standardization, Measurement and Quality Control Agency are objects of inspection by the Inspection Office of the Agency, and at the same time, they are responsible for coordinating with the Inspection Office of the Agency to implement inspection programs and plans of the Agency and to resolve related complaints and accusations.

 

CHAPTER III
PROCEDURE FOR INSPECTION

Article 17. The procedure for inspection is carried out according to Chapter IV of the Inspection Ordinance, Article 26, Chapter V of Decree 115/HĐBT dated April 13, 1991 on the Implementation of the Measurement Ordinance, Article 27, Chapter VII of Decree 327/HĐBT dated October 19, 1991 on the Implementation of the Product Quality Ordinance, and other regulations on state inspection of standardization, measurement, and quality control.

Article 18. Authority to issue inspection decisions.

1. The Director General of the National Standardization, Measurement and Quality Control Agency issues inspection decisions for inspection targets involving inter-departmental, inter-regional, or national interests, or other necessary cases, and for units directly subordinate to the National Standardization, Measurement and Quality Control Agency established by the Minister of Science and Technology and Environment.

2. The Inspector General of the General Department shall issue a decision to inspect units established by the Director of the General Department of Standards-Measurement-Quality and cases authorized by the Director of the General Department of Standards-Measurement-Quality and the Inspector General of the Ministry of Science and Technology-Environment.

3. The Deputy Inspector General of the General Department responsible for inspection within the region shall issue decisions to inspect state inspection objects on standards-measurement-quality within that region according to the management hierarchy.

 

PART IV
REWARDS AND PENALTIES

Article 19. Inspectors of the General Department, regional inspectors, inspection officers, inspection associates, and citizens who have outstanding achievements in standards-measurement-quality inspection work shall be materially and spiritually rewarded in accordance with current state regulations.

Article 20. Any person who abuses their position or authority in state inspection of standards-measurement-quality for personal gain or violates the legitimate rights and interests of agencies or individuals; anyone obstructing, opposing, bribing, slandering, or retaliating against inspection officers shall be subject to disciplinary action, administrative penalties, or prosecution under the law depending on the severity of the violation.

 

CHAPTER V
FINAL PROVISIONS

Article 21. The Inspector General of the General Department of Standards-Measurement-Quality and the Head of the Organization and Cadre Management Board of the General Department of Standards-Measurement-Quality are responsible for organizing and monitoring the implementation of this regulation. If there are points requiring amendment or supplementation, they must promptly report to the Director of the General Department of Standards-Measurement-Quality to submit to the Minister of Science and Technology-Environment for consideration and decision.

Article 22. This Regulation takes effect from the date of signature.