Decree No. 132/2025/NĐ-CP on the delineation of authority between two levels of local government in the field of state management by the Ministry of Science and Technology

DECREE

Regulations on the delineation of authority of two-level local governments in the field of state administration of the Ministry of Science and Technology

On the basis of The Government Organization Law 2025;

On the basis of The Local Government Organization Law 2025;

Pursuant to Resolution No. Decision 190/2025/QH15 dated February 19, 2025 of the National Assembly regarding handling certain issues related to the restructuring of the state apparatus;

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

The Government promulgates this Decree to regulate the delineation of tasks and powers of two-level local governments in the field of state administration of the Ministry of Science and Technology; the procedures and formalities for implementing the tasks and powers of provincial and communal level local governments as delineated by this Decree.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Principles of Authority Delineation

Clause 1. Ensuring compliance with the provisions of the 2013 Constitution, consistent with the principles and regulations on authority delineation stipulated in the Law on the Organization of the Government 2025 and the Law on the Organization of Local Administration 2025.

Clause 2. Ensuring clear delineation of tasks and powers among different levels of local government; ensuring consistency with the tasks, powers, and capabilities of agencies and individuals authorized to perform the delineated tasks and powers.

Clause 3. Ensuring clear delineation of authority between People's Councils, People's Committees, and Chairpersons of People's Committees; clearly distinguishing the general authority of People's Committees from the specific authority of Chairpersons of People's Committees.

Clause 4. Clearly defining the content and scope of tasks and powers that local governments are responsible for deciding, organizing, and taking responsibility for the results; avoiding overlap and duplication of tasks and powers between different levels of local government and between agencies and organizations under local government jurisdiction.

Clause 5. Ensuring a legal basis for the normal, continuous, and smooth operation of agencies; preventing work interruptions, overlap, duplication, omission of functions, tasks, fields, and areas; meeting the requirements of local governance; applying science, technology, innovation, and digital transformation.

Clause 6. Ensuring human rights and citizens' rights; ensuring transparency and creating favorable conditions for individuals and organizations to access information, exercise their rights and obligations, and follow legal procedures; not affecting the normal activities of society, citizens, and businesses.

Clause 7. Ensuring no impact on the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party.

Clause 8. Ensuring unity in the organization of constitutional and legal enforcement; ensuring transparency, accountability, and effective control of power linked to inspection, audit, and supervision by higher-level state agencies.

Clause 9. Funding for transferred tasks shall be guaranteed by the state budget in accordance with the regulations.

Article 3. Regarding Fees and Charges

When administrative procedures are processed and fees and charges must be paid according to the law on fees and charges, individuals and organizations submitting administrative procedure requests must simultaneously pay the fees and charges to the agency receiving the application. The amount of fees and charges, management, and use of fees and charges shall be implemented in accordance with the regulations of the Minister of Finance or the Provincial People's Council for corresponding fees and charges.

DELINEATION OF AUTHORITY WHEN ORGANIZING TWO-LEVEL LOCAL GOVERNMENTS IN THE FIELD OF STATE ADMINISTRATION OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

Chapter II
DEFINING JURISDICTION WHEN ESTABLISHING TWO-LEVEL LOCAL ADMINISTRATION IN THE FIELD OF STATE MANAGEMENT BY THE MINISTRY OF SCIENCE AND TECHNOLOGY

Article 4. State Inspection on Measurement

1. The People's Committee of communes, wards, and special administrative-economic zones (hereinafter referred to as the People's Committee at commune level) shall exercise the state inspection authority on measurement within their jurisdiction over measurements, measuring instruments, and quantities of pre-packaged goods as stipulated in Clause 3, Article 46 of the Law on Measurement and Clause 4, Article 13 of Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Measurement.

2. The procedures and formalities for conducting state inspections on measurement for measuring instruments, measurements, and quantities of pre-packaged goods circulating in the market are specified in the Appendix accompanying this Decree.

Article 5. Responsibilities for State Management of Product and Goods Quality

The People's Committee at commune level shall implement state management of product and goods quality within their jurisdiction as stipulated in Clause 3, Article 33 of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product and Goods Quality.

Article 6. Responsibilities for Information Technology

1. The People's Committee at provincial level shall be responsible for guiding the People's Committee at commune level, organizations, and individuals participating in investment in the application of information technology using state budget funds within their jurisdiction as stipulated in Point a, Clause 2, Article 61 of Decree No. 73/2019/ND-CP dated September 5, 2019 of the Government on the management of investment in the application of information technology using state budget funds (hereinafter referred to as Decree No. 73/2019/ND-CP).

2. The People's Committee at commune level shall implement state management of investment in the application of information technology using state budget funds within their tasks and powers as stipulated in Points b and c, Clause 2, Article 61 of Decree No. 73/2019/ND-CP.

Article 7. Responsibilities for Providing Information on the Internet Environment

1. The People's Committee at commune level shall provide information on strategies, plans, and master plans for socio-economic development within their jurisdiction as stipulated in Point d, Clause 1, Article 4 of Decree No. 42/2022/ND-CP dated June 24, 2022 of the Government on the provision of information and online public services of state agencies on the internet environment (hereinafter referred to as Decree No. 42/2022/ND-CP).

2. The People's Committee at commune level must ensure that there are information about the administrative organizational structure, administrative boundary maps, natural conditions, history, cultural traditions, relics, scenic spots; brief biographies and responsibilities of leaders as stipulated in Point e, Clause 1, Article 4 of Decree No. 42/2022/ND-CP.

Chapter III
IMPLEMENTING PROVISIONS

Article 8. Effective Date

1. This Decree takes effect from July 1, 2025.

2. This Decree shall cease to be effective from March 1, 2027 except for the following cases:

a) Ministries and ministerial-level agencies report to the Government to propose and obtain the National Assembly's decision to extend the application period of this Decree in whole or in part;

b) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister which stipulate the state management authorities, responsibilities, procedures, and formalities prescribed in this Decree are adopted or issued from July 1, 2025, take effect before March 1, 2027, and corresponding provisions in this Decree become ineffective upon the effectiveness of such legal documents.

3. During the time the provisions of this Decree are effective, if the provisions on state management authorities, responsibilities, procedures, and formalities in this Decree differ from those in related legal documents, they shall be implemented according to the provisions of this Decree.

Article 9. Transitional Provisions

Documents and papers issued and granted by competent authorities before the effective date of this Decree but have not yet expired or reached their usage period shall continue to be applied and used in accordance with the law until their expiration or modification, supplementation, replacement, abolition, revocation, or recovery by the agency or person receiving the functions, tasks, and powers or by the competent authority.

 

ANNEX

PROCEDURES AND FORMALITIES FOR CONDUCTING STATE INSPECTION ON MEASUREMENT FOR MEASURING INSTRUMENTS, MEASUREMENTS, AND QUANTITIES OF PRE-PACKAGED GOODS
(Accompanying Decree No. 132/2025/ND-CP dated June 12, 2025 of the Government)

I. REGARDING THE OBJECTS OF INSPECTION

The People's Committee at commune level shall be responsible for inspecting measuring instruments, measurements, and quantities of pre-packaged goods at markets, shopping centers, wholesale and retail sales points within their jurisdiction according to the inspection contents in Section II of this Appendix.

II. CONTENTS OF INSPECTION IN THE MARKET AND IN USE

1. Inspect the compliance of measuring instruments with regulations on model approval, verification, and calibration.

2. Inspect the measurement errors against permissible error limits.

3. Inspect the compliance of quantity labeling on pre-packaged goods with regulatory requirements.

III. FORMS OF STATE INSPECTION ON MEASUREMENT

1. Regular inspections shall be conducted according to programs and plans approved by the competent state management authority on measurement.

2. Spot inspections shall be conducted when resolving disputes, complaints, denunciations, or when there are signs of violation of laws on measurement or when requested by competent state authorities.

IV. METHODS OF STATE INSPECTION ON MEASUREMENT

1. State inspection on measurement shall be organized and carried out through inspection teams.

2. The inspection team shall be established by the head of the inspection agency in the state inspection decision on measurement (according to Model 01. QĐKTĐL in this Appendix).

3. The composition of the inspection team includes the team leader and members, the number of team members depending on the inspection content and decided by the head of the inspection agency.

4. The team leader is a management officer from the agency conducting the inspection. The team leader is responsible for organizing the implementation of the team's tasks; assigning specific responsibilities to each member; being accountable for the inspection results; organizing the preparation of the inspection record or administrative violation record according to regulations; reviewing the files and records to submit to the agency issuing the inspection decision, transferring them to the competent authority for handling according to the law.

5. Team members

a) Technical officers with expertise suitable for the field of measurement being inspected and tasked with technical measurement inspections;

b) Personnel from the inspection agency, police, market management, or other agencies assigned to join the inspection team and perform tasks as delegated by the inspection team leader.

6. Team members are responsible for the inspection results and handling according to their assignments and the law.

7. The team leader, technical officers specified in point a, and personnel from the inspection agency specified in point b of Clause 5 of this Section must have certificates of completion of state measurement inspection training courses organized by authorized agencies.

V. PROCEDURES AND FORMS FOR INSPECTION IN THE MARKET AND IN USE

1. The inspection team presents the inspection decision before commencing the inspection.

2. Conduct the inspection on the objects and contents specified in the inspection decision.

3. The inspection team requests the establishment to provide documents related to transportation, storage, retention, usage conditions, and technical requirements for measuring instruments and pre-packed goods that need to be inspected.

4. Based on the establishment’s documents and state management regulations on measurement, the inspection team conducts technical measurement inspections according to the following procedures and forms:

a) For measuring instruments

Conduct observations and inspections of the contents stipulated in Clause 1 of Section II of the Appendix.

b) For measurements

Inspect the errors of measurement results as prescribed in Clause 2 of Section II of the Appendix: The inspection team leader decides on the quantity and value of goods or services to be measured for inspection; the selected goods or services must ensure they fall within the most commonly measured range for customers or have the potential to detect non-compliance with the required error limits.

c) For pre-packed goods

Conduct observations and inspections of the contents stipulated in Clause 3 of Section II of the Appendix.

5. In case of discovering non-compliance, prepare the measurement inspection record (according to Model 02. BBKT attached to the Appendix) and handle according to the provisions of Section VI of the Appendix.

VI. HANDLING DURING THE INSPECTION PROCESS IN THE MARKET AND IN USE

1. During the inspection process in the market and in use, if non-conformities with regulations are discovered regarding measuring instruments, measurements, or pre-packed goods, handling will be carried out as follows depending on the degree of non-compliance and the scale of impact:

a) The inspection team requires the business establishments selling measuring instruments or pre-packed goods to temporarily halt sales of those instruments or goods and take corrective measures within the time frame recorded in the record.

b) The inspection team requires establishments using measuring instruments or performing measurements to temporarily stop using those instruments or performing those measurements and take corrective measures within the time frame recorded in the record.

Within three working days, the inspection team must report to the leading inspection agency so that it can issue a notice to temporarily halt non-compliant measurement activities (according to Model 03. TBTDHĐ in the Appendix) and handle according to its authority; the temporary halt period stated in the notice of halting non-compliant measurement activities starts from the date of signing the inspection record.

d) The leading inspection agency issues a notice allowing the resumption of compliant measurement activities (according to Model 04. TBTTHĐ in the Appendix) when the establishment has completed corrective measures and reported in writing along with evidence to the inspection agency.

đ) Handle according to the provisions of Clause 2 of this Article.

2. During the inspection process in the market and in use, if serious violations of the law are discovered or if the establishment continues to violate despite being required to implement corrective measures as stipulated in Clause 1 of this Section, or if the establishment fails to complete corrective measures within the temporary halt period stated in the notice of halting non-compliant measurement activities issued under point c of Clause 1 of this Section, handling will be carried out as follows depending on the degree of violation and the scale of impact:

a) The inspection team or the leading inspection agency requires the establishment to immediately cease the violation.

b) The inspection team leader or representative of the leading inspection agency prepares the sealing record (according to Model 05. BBNP in the Appendix) and organizes the sealing (sealing label according to Model 06. TNP in the Appendix) of the measuring instruments, measurement standards, pre-packed goods, and equipment used for non-compliant measurement activities. If the representative of the establishment does not sign the record, the inspection team leader or representative of the leading inspection agency shall note in the record "representative of the establishment did not sign the record." The record signed by the inspection team leader or representative of the leading inspection agency still has legal validity. Within three working days, the leading inspection agency issues a notice to halt non-compliant measurement activities (according to Model 03. TBTDHĐ in the Appendix).

c) The leading inspection agency publicly announces the name of the violating establishment, the name of the violation, and the location where the violation occurred (according to Model 07. TBTTĐC in the Appendix) through local or central media. At the same time, the leading inspection agency transfers the file and recommends the competent authority or relevant government agency to handle according to the law.

d) Administrative violation handling is carried out according to the law.

3. In case of inspection during circulation on the market or in use, if measuring instruments or pre-packaged goods imported are found to be non-compliant with legal provisions on measurement, the leading inspection agency shall handle the matter within its authority and has the responsibility to notify in writing the Ministry of Science and Technology (through the National Standardization, Measurement and Quality Control Committee). Depending on the extent and scale of impact, the National Standardization, Measurement and Quality Control Committee shall notify in writing the specialized agencies responsible for advising on standardization, measurement, and quality control or the local Standardization, Measurement and Quality Control Agency and the customs authority at the place of importation to strengthen inspection at the border or to recommend competent state authorities to issue a decision to temporarily suspend or stop the importation of such measuring instruments or pre-packaged goods.

4. In case of inspection on the market or in use, if domestically produced measuring instruments or pre-packaged goods are found to be non-compliant with legal provisions on measurement, the leading inspection agency shall handle the matter within its authority and examine and inspect production; if such measuring instruments or pre-packaged goods are produced in another locality, it shall notify in writing the Ministry of Science and Technology (through the National Standardization, Measurement and Quality Control Committee) and the leading inspection agency in the locality where production takes place for examination and inspection of production; the production inspection shall be carried out in accordance with legal provisions on measurement.

5. In case of inspection on the market or in use, if metrological verification, calibration, and testing activities are found to be non-compliant with legal provisions on measurement, the leading inspection agency shall handle the matter within its authority and conduct surprise inspections of those verification, calibration, and testing activities; if such activities are conducted by verification, calibration, and testing organizations registered with their main office in another locality, it shall notify in writing the Ministry of Science and Technology (through the National Standardization, Measurement and Quality Control Committee), the National Standardization, Measurement and Quality Control Committee, and the leading inspection agency in the locality where the verification, calibration, and testing organization's main office is registered for examination and inspection of the organization's verification, calibration, and testing activities; the inspection of verification, calibration, and testing activities shall be carried out in accordance with legal provisions on measurement.

Model 01. QĐKTĐL

Pursuant to …;

State Inspection on Measurement

DECISION MAKER

On the basis of The Law on Measurement dated November 11, 2011;

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

Based on Decree No..../2025/NĐ-CP dated ...month... year 2025 of the Government on the division of authority between two levels of local government under the Ministry of Science and Technology;

Based on...(3);

Considering the content...(4).

DECISION:

Article 1. Inspection for compliance with legal provisions on measurement

Object of inspection: ...

Content of inspection: ...

Inspected entity, related inspection area:...

Form of inspection: ...

Inspection regime: ...

Inspection period: ... days, from the date of announcement of the Inspection Decision.

Article 2. Establish an inspection team consisting of the following persons:

1. Name, position as Team Leader

2. Name, position as Member

3. Name, position as Member

…

Article 3. During the inspection process, the Team Leader and members of the inspection team have the responsibility to comply with legal provisions on measurement, bear legal responsibility for the honesty of the inspection results, and have the right to handle according to Article 48 of the Law on Measurement and Article 58 of the Law on Administrative Violations Handling. Related entities have the obligation to meet the requirements of the inspection team and have the right to appeal or report violations according to the law.

Article 4. This Decision takes effect from the date of signature. The inspection team and organizations and individuals related to the inspected object mentioned in Article 1 are responsible for implementing this Decision.

 

__________________________

(1): Abbreviation of the name of the issuing authority. (2): Program plan approved by the competent authority (for inspections according to program, plan). (3): Legal document stipulating the functions and responsibilities of the authority issuing the Inspection Decision. (4): Complaint letter regarding violation of legal provisions on measurement (if any).

 

Model 02. BBKT

INSPECTION RECORD

On Measurement

On the basis of The Law on Measurement dated November 11, 2011;

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

Based on Decree No..../2025/NĐ-CP dated ...month... year 2025 of the Government on the division of authority between two levels of local government under the Ministry of Science and Technology.

The inspection team on measurement was established pursuant to Inspection Decision No. ... dated ... month ... year ... of ... (¹) has conducted inspections from ... month ... year ... to ... month ... year ... concerning (record the inspected object)... of:

- Mr./Ms./Organization:

- Place of permanent residence registration (or main office location of the organization): Telephone number:...Fax number:...

- Identity card/passport (or Business Registration Certificate/Establishment Decision) No.:...Issued by...Date:...Issuing place:...

Legal representative:...

Address:...Telephone number:...Fax number:...

Members of the inspection team include:

1 ...Team Leader

2 ...Member

3 ...Member

Representatives of the inspected entity include:

1........................................................................................................................

2........................................................................................................................

With the participation of:

1..........................................................................................................................

2. .........................................................................................................................

I. Inspection Content: (Specific contents that the inspection team has implemented)

.................................................................................................................................

.................................................................................................................................

II. Observations and Conclusions:

.................................................................................................................................

.................................................................................................................................

III. Forms of handling or recommendations for handling:

.................................................................................................................................

.................................................................................................................................

IV. Requests and Recommendations:

.................................................................................................................................

.................................................................................................................................

V. Opinion of the inspected entity:

.................................................................................................................................

.................................................................................................................................

The record was made at ... o'clock ... day ... month ... year ... at...

The record consists of ... pages, prepared in ... copies with identical content and legal value, each party retains one copy after carefully reading the content and signing confirmation on each page of the record.

 

(¹): Record the name of the issuing authority.

 

Model 03. TBTDHĐ

 

NOTICE

Suspension of Non-Compliant Measurement Activities

To: (Name of Entity).

On the basis of The Law on Measurement dated November 11, 2011;

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

BASED ON Decree number.../2025/NĐ-CP dated...month...year 2025 of the Government stipulating the division of authority between two levels of local administration in the field of state management by the Ministry of Science and Technology; BASED ON The Inspection Report dated...month...year...

BASED ON The Inspection Results (if any).

.... (²ANNOUNCEMENT

1. Temporarily suspend the... (name of the entity to be suspended, quantity)...of:

- Name of organization, individual (inspected entity)

- Main office address:...

- Reason for suspension:...

2... (3)... shall be responsible for implementing measures to rectify, correct within a period of...days. The aforementioned entity to be suspended may only resume...if...³)...has taken corrective actions that meet requirements, reported to the inspection agency, and received an announcement from the inspection agency allowing continued measurement activities.

3. This announcement takes effect from the date of signature. The inspection team is responsible for enforcing this announcement.

 

__________________________

(¹): Abbreviation of the inspection agency.

(²): Name of the inspection agency.

(³): Name of the entity with the suspended object.

 

MODEL 04. ANNOUNCEMENT OF TEMPORARY SUSPENSION OF MEASUREMENT ACTIVITIES

NOTICE

Measurement activities are permitted to continue

To: (Name of Entity).

On the basis of The Law on Measurement dated November 11, 2011;

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

Based on Decree No..../2025/NĐ-CP dated ...month... year 2025 of the Government on the division of authority between two levels of local government under the Ministry of Science and Technology;

BASED ON The Inspection Report dated...month...year...at

BASED ON The Inspection Results (if any);

BASED ON The Announcement of Temporary Suspension of Non-compliant Measurement Activities number...dated...month...year...;

BASED ON The Results of Corrective Actions for...(²)...

... (³) ANNOUNCEMENT

1. (Name of the inspected entity subject to temporary suspension) quantity...(if any) of:

- Name of the inspected entity

- Address:

Is allowed to continue...(2)…

2. This announcement takes effect from the date of signature. The inspection team,...(name of the entity)...is responsible for enforcing this announcement.

 

_________________________

(¹): Abbreviation of the inspection agency.

(²): Record the measurement activities allowed to continue.

(³): Inspection agency

MODEL 05. SEIZURE RECORD

RECORD OF SEALING

On the basis of The Law on Measurement dated November 11, 2011;

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

BASED ON Decree number.../2025/NĐ-CP dated...month...year 2025 of the Government stipulating the division of authority between two levels of local administration in the field of state management by the Ministry of Science and Technology;

BASED ON The Announcement of Temporary Suspension of Non-compliant Measurement Activities stipulated number...dated...month...year...;

Today, at...hours...day...month...year...

We include:

REPRESENTATIVE (1)

- Full name:...Position:...

- Full name:...Position:...

……………..

REPRESENTATIVE OF THE INSPECTED ENTITY

- Full name:...Position:...

Sealing... (name of the sealed object)...quantity...stored at address...

Condition of the sealed object when sealing:...

This record is established in two copies with identical content and value, one copy retained by the inspection agency, one copy retained by the inspected entity.

 

MEMBER
(Signature, full name)

(¹): Record the name of the unit (inspection team or name of the inspection agency) establishing the sealing record.

 

MODEL 06. SAMPLE SEAL
28/2013/TT-BKHCN

SAMPLE SEAL MODEL (¹)

Sample name:…

Name of the entity providing the sample:…

Address: …

Date of sampling:…

Sampling record number:…date…month...year...

 

 

(¹): Stamp of the inspection agency.

 

MODEL 07. ANNOUNCEMENT OF NON-COMPLIANCE WITH MEASUREMENT REQUIREMENTS

NOTICE

Sent to mass media agencies

On the basis of The Law on Measurement dated November 11, 2011;

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

Based on Decree No..../2025/NĐ-CP dated ...month... year 2025 of the Government on the division of authority between two levels of local government under the Ministry of Science and Technology.

BASED ON The results of state inspection on measurement according to the Inspection Decision number dated...

... (²)...ANNOUNCEMENT

- Name (³):................

- Specifications (⁴):................................

- Of the entity:…(name of the entity).................................

- Address: ...

- Does not meet the prescribed requirements due to the reason:…

 

 

(¹): Abbreviation of the issuing agency.

(²): Name of the issuing agency.

(³): Clearly record the name of the object (measurement standard; measuring instrument; measurement method; quantity of pre-packed goods; calibration, verification, testing of measuring instruments, measurement standards).

(⁴): Clearly record the main metrological characteristics of the object (measurement standard, measuring instrument, measurement method, quantity of pre-packed goods) or the field of activity (calibration, verification, testing).