Joint Circular No. 14/2009/TTLT-BKHCN-BNV guiding the functions, tasks, powers, and organizational structure of the Standard Measurement Quality Control Agency under the Department of Science and Technology of provinces and centrally governed cities.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of Standard Measurement Quality Control Agencies under Science and Technology Departments of provinces and centrally governed cities

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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;

Based on Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Science and Technology and the Ministry of Home Affairs provide guidelines on the functions, tasks, powers, and organizational structure of Standard Measurement Quality Control Agencies under Science and Technology Departments of provinces and centrally governed cities (hereinafter referred to as provincial level) as follows:

PART I

FUNCTIONS, TASKS, POWERS

Article 1. Position and Functions

1. The Standard Measurement Quality Control Agency is an organization under the Science and Technology Department, with the function of advising and assisting the Director of the Science and Technology Department in performing state management tasks in the field of standards, measurement, and quality; implementing state management tasks and managing public services in the field of standards, measurement, and product quality according to the provisions of the law within the province.

2. The Standard Measurement Quality Control Agency has legal personality, its own seal, and separate bank accounts; it is directly guided and managed in terms of organization, staffing, and activities by the Science and Technology Department, while also being directed, inspected, and professionally guided by the General Bureau of Standards Measurement Quality Control.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Study and develop draft normative legal documents for submission to the Director of the Science and Technology Department to be submitted to the competent authority for approval, and draft documents to implement mechanisms, policies, and laws of the State on standards, measurement, and product quality that are suitable to the specific conditions of the locality.

2. Submit to the Director of the Science and Technology Department for issuance within his/her authority or for the Director of the Science and Technology Department to submit to the competent authority for issuance programs, plans, and long-term plans over five years and annually regarding the development of standardization and technical regulation activities, measurement testing, and product quality within the locality.

3. Guide and organize the implementation of normative legal documents, programs, plans, and activities in the fields of standardization and technical regulation, measurement management, and product quality management after they have been approved and endorsed by the competent authority; disseminate information, promote knowledge, and laws on standards, measurement, and product quality at the local level.

4. Carry out tasks related to standards, measurement, and product quality as specified in Clause 8, Section II, Part I of Circular Joint No. 05/2008/TTLT-BKHCN-BNV dated June 18, 2008 of the Ministry of Science and Technology and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of specialized agencies under provincial and district People's Committees.

5. Coordinate with relevant agencies to conduct specialized inspections on standards, measurement, and product quality within the locality according to the division of labor and delegation of the competent state agency.

6. Organize the implementation of advanced quality management systems in the operations of administrative agencies at the local level according to the delegation or authorization of the Director of the Science and Technology Department.

7. Provide guidance and training on standards, measurement, and product quality for related organizations and individuals; organize research, application, and transfer of scientific and technological progress in the fields of standards, measurement, and product quality.

8. Manage and organize technical service activities related to standards, measurement, and product quality; organize the collection, payment, management, and utilization of fees, charges, and other revenues related to standardization, measurement, and product quality activities according to the provisions of the law.

9. Manage organizational structures, cadres, civil servants, contractual employees, finance, and assets according to the provisions of the law.

10. Perform other tasks assigned by the Director of the Science and Technology Department.

Chapter II

ORGANIZATIONAL STRUCTURE AND STAFFING

Article 3. Leadership of the Agency

1. The Standard Metrology Quality Control Agency has an Agency Director and not more than three Deputy Agency Directors.

2. The Director of the Standard Metrology Quality Control Agency is responsible to the Department of Science and Technology's Director and to the law for all activities of the Agency.

3. The Deputy Director of the Standard Metrology Quality Control Agency is responsible to the Director and to the law for the field of work assigned.

Article 4. Organizational Structure

1. Professional organizations under the Agency:

The Agency has specialized departments to manage areas within its functions and tasks such as administrative - comprehensive; standards, metrology, quality and other fields (if any).

Based on the nature, characteristics, and specific management requirements for standard, metrology, and quality control in the locality, the Department of Science and Technology's Director, in coordination with the Department of Home Affairs' Director, shall submit to the Provincial People's Committee for a specific decision on the number and names of departments under the Agency, but the total number shall not exceed four departments for provinces and five departments for centrally governed cities.

2. Affiliated public service organizations:

The Agency may establish affiliated public service organizations to carry out technical service activities related to standards, metrology, and product quality within the scope of the Agency's management.

The establishment of affiliated public service organizations under the Agency shall be led by the Department of Science and Technology's Director, in coordination with the Department of Home Affairs' Director, to submit to the Provincial People's Committee for a decision.

Article 5. Staffing

1. The administrative staffing of the Standard Metrology Quality Control Agency is allocated by the Department of Science and Technology's Director within the total administrative staffing of the Department of Science and Technology granted by the Provincial People's Committee.

2. Staffing of the affiliated public service organization under the Standard Metrology Quality Control Agency: Based on the nature, workload, and financial capacity, the head of the public service organization shall develop annual staffing plans to be reported by the Standard Metrology Quality Control Agency to the Department of Science and Technology's Director for consolidation and submission to the competent authority for consideration and decision.

Chapter III

IMPLEMENTING PROVISIONS

Article 6. Effectiveness

This Circular takes effect 45 days from the date of issuance and replaces Circular No. 08/2005/TT-BKHCN dated June 6, 2005, issued by the Ministry of Science and Technology guiding the functions, responsibilities, authorities, and organizational structure of the Standard Metrology Quality Control Agencies of provinces and centrally governed cities.

Article 7. Implementation Organization

1. The Chairpersons of the People's Committees of provinces and centrally governed cities are responsible for organizing and implementing this Joint Circular.

2. During implementation, if any issues arise or difficulties occur, the provinces and centrally governed cities shall report to the Ministry of Science and Technology for discussion and agreement with the Ministry of Home Affairs to resolve according to their respective jurisdictions./.