Circular No. 11/2011/TT-BTNMT amends and supplements the regulations on submission, storage, preservation, exploitation of meteorological and hydrological data; and the management regulations for the quality of specialized meteorological and hydrological measurement instruments.

CIRCULAR

Amending and supplementing the Rules on submission, storage, preservation, and exploitation of meteorological and hydrological data; rules on management of quality of specialized meteorological and hydrological measurement instruments

Pursuant to the Ordinance on National Archives dated April 4, 2001;

Pursuant to the Ordinance on Measurement dated October 6, 1999;

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

WHEREAS, THE ORDINANCE ON EXPLOITATION AND PROTECTION OF METEOROLOGICAL AND HYDROLOGICAL FACILITIES dated December 2, 1994;

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the eleventh session, first meeting, stipulating the list of ministries and ministerial-level agencies under the Government;

Pursuant to the Ordinance on Protection of State Secrets dated December 28, 2000;

Pursuant to Resolution No. 56/NQ-CP dated December 15, 2010 of the Government on simplifying administrative procedures within the scope of functions of the Ministry of Natural Resources and Environment;

Considering the proposal of the Director of the General Meteorology and Hydrology Department and the Head of the Legal Department,

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Amending and supplementing some articles of the Rules on submission, storage, preservation, and exploitation of meteorological and hydrological data issued together with Decision No. 614/QĐ/KTTV dated September 6, 1997 of the General Director of the General Meteorology and Hydrology Department:

1. Amending and supplementing Article 21 of the Rules as follows:

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. "Article 21. Organizations, units, individuals...Vietnamese citizens who have requirements for exploiting meteorological and hydrological data (referred to collectively as data exploiters) must have the following documents and procedures:

1. In special cases as provided for in Clause 3 of Article 20 of these Rules, the data exploiter must have a written directive from the Minister of Natural Resources and Environment sent to the unit providing the data exploitation service.

2. Data exploiters not falling under the provisions of Clause 3 of Article 20 of these Rules must have a Request Form for Data Service according to the model; a Contract for Supply of Meteorological and Hydrological Data specifying the content of the request for supply of data.

a) In case of top secret data:

For data exploiters belonging to Ministries, ministerial-level agencies, and agencies under the Government, they must have an introduction letter and a request for data exploitation document signed by the head of the Ministry, ministerial-level agency, or agency under the Government and stamped.

For data exploiters belonging to other components, they must have an introduction letter and a request for data exploitation document signed by the People's Committee of the province or centrally-administered city and stamped.

The introduction letter and request for data exploitation must be approved by the Minister of Natural Resources and Environment.

b) In case of confidential and ordinary data:

For data exploiters belonging to Ministries, ministerial-level agencies, and agencies under the Government, they must have an introduction letter and a request for data exploitation document signed by the head of the subordinate agency or equivalent and stamped.

For data exploiters belonging to other components, they must have an introduction letter and a request for data exploitation document signed by the People's Committee of the district or equivalent and stamped.

The introduction letter and request for data exploitation must be approved by the head of the unit providing the data service."

Supplementing Model Request Form for Data Service (Model No. 1 issued together with this Circular).

Amending and supplementing some articles of the Rules on Management of Quality of Specialized Meteorological and Hydrological Measurement Instruments issued together with Decision No. 136/QĐ/KTTV dated March 12, 1997 of the General Director of the General Meteorology and Hydrology Department.

2. 1. Replacing Article 4 of the Rules with Article 4 and Article 4a as follows:

Article 2. "Article 4. State management agency for the quality of meteorological and hydrological measurement instruments at the sectoral level:

1. The General Meteorology and Hydrology Department is the agency assisting the Minister of Natural Resources and Environment in performing state management tasks regarding the quality of meteorological and hydrological measurement instruments according to the provisions of this document and relevant laws.

2. Contents of state management of the quality of meteorological and hydrological measurement instruments:

a) Drafting plans for construction and development of measurement and specialized instruments for meteorology and hydrology, submitting them to the Minister for approval, and organizing, directing, and inspecting the implementation of such plans after approval.

b) Drafting regulatory documents on quality management of specialized instruments, submitting them to the Minister for issuance, and organizing, guiding, and inspecting the implementation of such documents.

c) Guiding and inspecting the organization and management of activities of quality management agencies at the grassroots level.

d) Managing standards and national measurement unit systems authorized according to the regulations of the state measurement management agency.

đ) Organizing and implementing quality inspections of specialized instruments throughout the sector."

d) Manage the standards and standard systems of measurement units of the Industry and the State that have been authorized according to the regulations of the national measurement management authority.

đ) Organize and implement quality inspection of measuring instruments throughout the industry.

Article 4a. Competent authority for the management of meteorological and hydrological measuring instrument quality

1. The National Meteorological and Hydrological Centre shall perform the task of managing the operational quality of meteorological and hydrological measuring instruments, organizing the verification and calibration of standards and meteorological and hydrological measuring instruments.

2. Contents of the management of the operational quality of meteorological and hydrological measuring instruments:

a) Implementing international standardization and verification of meteorological and hydrological measuring instruments according to the World Meteorological Organization's regulations.

b) Conducting state verification of meteorological and hydrological measuring instruments according to industry standards and Vietnamese national standards within its authority.

c) Selecting and organizing trials of new measuring instruments, reviewing design samples for manufacturing domestic measuring instruments to propose to the Minister for approval to allow their use, importation, or production.

d) Using industry and national measurement standards and units that have been authorized according to the regulations of the State metrology management agency.

đ. Inspecting and evaluating the installation results of new measuring instruments before they are put into operation.

2. Supplement the following forms:

a) Application for confirmation of the quality of meteorological and hydrological measuring instruments (Form No. 2 issued together with this Circular);

b) Certificate of quality confirmation of meteorological and hydrological measuring instruments (Form No. 3 issued together with this Circular);

c) Logbook for receipt and delivery of meteorological and hydrological measuring instruments (Form No. 4 issued together with this Circular).

3. Replace the phrase "General Department of Meteorology and Hydrology" in Articles 2, 3, 10, 13, 16, 17, 19, and Article 20 of the Regulation with the phrase "Ministry of Natural Resources and Environment"; replace the phrase "Director of the General Department of Meteorology and Hydrology" in Articles 15, 19, and Article 20 of the Regulation with the phrase "Minister of Natural Resources and Environment"; replace the phrase "Director" in Article 5 of the Regulation with the phrase "Minister"; replace the phrase "General Department" in Articles 17, 18, and Article 19 of the Regulation with the word "Ministry"; replace the phrase "Meteorological and Hydrological Network and Technical Equipment Agency" in Article 7 of the Regulation with the phrase "Hydro-Meteorological Service and Climate Change Agency".

Article 4. Organization of Implementation

1. This Circular takes effect from June 10, 2011.

2. In the course of implementation, if there are any difficulties, organizations and individuals are requested to report to the Ministry of Natural Resources and Environment for consideration and resolution./.