Circular No. 14/2013/TT-BKHCN on metrology for national standards

CIRCULAR

Regulations on Measurement for National Standards

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

Pursuant to 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;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Considering the proposal of the General Director of the Standardization, Metrology and Quality Control Department;

The Minister of Science and Technology promulgates this Circular on measurement for national standards.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates measurement for national standards including designation of organizations to maintain national standards, approval of national standards; maintenance, preservation, and use of national standards.

Article 2. Applicability

1. Organizations designated to maintain national standards.

2. State management agencies on measurement and other related organizations and individuals.

Chapter II
DESIGNATION OF ORGANIZATIONS TO MAINTAIN NATIONAL STANDARDS AND APPROVAL OF NATIONAL STANDARDS

Section 1

CONDITIONS FOR DESIGNATION TO MAINTAIN NATIONAL STANDARDS, APPROVAL OF NATIONAL STANDARDS

APPROVE NATIONAL STANDARDS

Article 3. Conditions for designation as an organization to maintain national standards

Organizations meeting the following conditions shall be designated to maintain national standards:

1. Having legal personality;

2. Possessing corresponding measurement standards proposed to be approved as national standards (hereinafter referred to as proposed measurement standards for approval);

3. Having sufficient equipment, facilities, workspace, environmental conditions, and other technical conditions (such as voltage, frequency of power supply, anti-vibration, protection against electromagnetic interference) to perform maintenance, preservation, and use of corresponding national standards;

4. Having measures to ensure safety, prevent fire and explosion, damage, natural disasters; ensuring requirements for emergency relocation of proposed measurement standards for approval;

5. Having at least two technical staff responsible for maintaining, preserving, and using proposed measurement standards for approval. Technical staff must meet the following requirements:

a) Graduated from a university majoring in relevant engineering;

b) Foreign language: English, French, or Russian, level C or higher;

c) Having at least three years of experience in calibration and comparison of measurement standards;

6. Having calibration diagrams and calibration procedures or comparison methods for proposed measurement standards for approval that comply with national and international standards;

7. Having established and maintained a management system in accordance with National Standard TCVN ISO/IEC 17025 for maintaining, preserving, and using proposed measurement standards for approval.

Article 4. Conditions for approval as national standards

Measurement standards meeting the following conditions shall be approved as national standards:

1. Meeting the basic requirements for measurement standards stipulated in Article 11 of the Law on Measurement;

2. Being consistent with the national standard development plan approved by the Prime Minister;

3. Being stored, maintained, preserved, and used at an organization that meets the conditions specified in Article 3 of this Circular.

Section 2

ESTABLISHMENT AND HANDLING OF FILES

Article 5. Establishment of files for designation of organizations to maintain national standards and approval of national standards

1. In cases where an organization proposes to be designated to maintain national standards along with proposing approval of national standards, the proposing organization shall prepare one set of files to be submitted directly at its headquarters or sent via postal service to the General Department of Standardization, Metrology and Quality (hereinafter referred to as the General Department). The file includes:

a) Proposal for designation to maintain national standards and approval of national standards (according to Model 1a. Application for Designation and Approval attached as an appendix to this Circular);

b) Technical documentation of proposed measurement standards for approval (technical description; guidance on maintenance, preservation, and use; calibration and testing certificates...) provided by the producing or importing organization or individual (in Vietnamese or English or both languages);

c) A set of photographs including one overall view photograph and other photographs of the proposed measurement standards for approval (all photographs should be the same size, minimum size 90 mm x 120 mm but not larger than 210 mm x 297 mm, mounted on A4 paper with annotations for each photograph) and a CD containing these photographs. The photographs must be color, clear, and must show the shape, name, and main metrological characteristics of the proposed measurement standards for approval;

d) A copy (certified true copy by the proposing organization) of the legal entity status document of the proposing organization;

đ) Report on material, technical, and human resources for maintaining, preserving, and using proposed measurement standards for approval (according to Model 2. Material and Technical Conditions at the appendix attached to this Circular);

e) Documentation specifying the maintenance, preservation, and use of national standards as prescribed in Article 19 of this Circular;

g) Calibration diagram; calibration procedure and cycle or comparison method for standards;

h) List of files of the management system for activities of maintaining, preserving, and using proposed measurement standards for approval.

2. In cases where an organization proposes to be designated to maintain national standards, the proposing organization shall prepare one set of files to be submitted directly at its headquarters or sent via postal service to the General Department. The file includes:

a) Proposal for designation to maintain national standards (according to Model 1b. Application for Designation attached as an appendix to this Circular);

b) A copy (certified true copy by the proposing organization) of the legal entity status document of the proposing organization;

c) Report on material, technical, and human resources for maintaining, preserving, and using proposed measurement standards for approval (according to Model 2. Material and Technical Conditions at the appendix attached to this Circular);

d) Documentation specifying the maintenance, preservation, and use of national standards as prescribed in Article 19 of this Circular;

đ) Calibration diagram; calibration procedure and cycle or comparison method for measurement standards;

e) List of files of the management system for activities of maintaining, preserving, and using national standards.

Article 6. Processing of Documents

1. Within ten (10) working days from the date of receipt of the documents, if the documents do not comply with the regulations, the General Department shall notify the requesting organization of the contents that need to be supplemented or amended.

2. Within thirty (30) working days from the date of receiving all valid documents, the General Department shall decide on the evaluation at the facility.

Section 3

EVALUATION AT THE FACILITY

Article 7. Methods and Principles of Evaluation at the Facility

1. The evaluation at the facility shall be carried out through the method of an evaluation team.

2. The evaluation at the facility shall be conducted based on the principle of expertise.

Article 8. Evaluation Team

1. The evaluation team shall be established by the Director of the General Department of Standardization, Metrology and Quality Management to conduct the evaluation at the facility, report the results, and advise the Director of the General Department of Standardization, Metrology and Quality Management on the suitability of the requesting organization and the proposed metrological standard for approval in accordance with the requirements stipulated in this Circular.

2. Composition of the Evaluation Team

a) The evaluation team consists of a team leader, secretary, and other members. The number of team members shall not be less than three (03) people;

b) The team leader is a person with prestige in the field of metrology. The team leader is responsible for organizing the implementation of the team's tasks, assigning specific responsibilities to each member, convening and chairing meetings of the team, deciding on the invitation of representatives when necessary, and approving the evaluation report before submitting it to the General Department;

c) The secretary is a civil servant responsible for metrological management at the General Department. The secretary is responsible for preparing the evaluation program (according to Model 3. CTĐG attached to this Circular), the evaluation form (according to Model 4. PĐG attached to this Circular), recording all opinions and evaluations truthfully, collecting evaluation forms from other team members, compiling a summary record of the evaluation results (according to Model 5. BBTH attached to this Circular) for the meeting to approve the evaluation report;

d) Other members of the evaluation team are scientific staff working in the relevant field of metrology, invited from ministries, sectors, enterprises, universities, scientific and technological organizations, related professional associations, or independent experts. Members are responsible for performing assigned tasks and are accountable for the content and results of their work.

Article 9. Content of Evaluation

1. The suitability of the requesting organization with the conditions stipulated in Article 3 of this Circular.

2. The suitability of the proposed metrological standard for approval with the conditions stipulated in Article 4 of this Circular.

Article 10. Method of Evaluation

During the evaluation process, members of the evaluation team may apply one or more of the following evaluation methods:

1. Interviewing directly the person in charge and technical staff of the requesting organization regarding relevant information.

2. Reviewing stored documents and related materials.

3. Observing the actual proposed metrological standard, equipment, facilities, workspace, environmental conditions, and other technical conditions for maintaining, preserving, and using national standards.

4. Evaluating the proficiency of technical staff, the suitability of calibration procedures, maintenance, preservation, and usage regulations through observation of operations and processing of calibration results or comparisons of metrological standards performed by technical staff.

Article 11. Conducting the assessment

1. The head of the assessment team shall convene a meeting of the assessment team, approve the assessment program, assign tasks, and unify the implementation plan for the assessment according to the progress and content specified in the decision establishing the assessment team.

2. In accordance with the assessment method prescribed in Article 10 of this Circular and the assigned assessment content, members shall conduct the assessment and record the assessment results on the assessment form.

3. The head of the team shall convene a meeting to approve the assessment file at the facility.

4. The assessment must be completed within thirty (30) days from the date of signing the decision to establish the assessment team. The costs and other conditions serving the on-site assessment of the team shall be guaranteed by the requesting organization.

Article 12. Assessment Result File

Within five (05) working days from the completion of the assessment, the head of the team shall submit one (01) set of the assessment result file to the General Department. The file includes:

1. Decision to establish the assessment team;

2. Assessment program;

3. Assessment forms of the members;

4. Summary record of the assessment results.

Article 13. Handling the Assessment Result File

1. Within three (03) working days from the date of receiving the assessment result file, if the assessment results at the facility do not meet the required criteria, the General Department shall notify the requesting organization in writing.

2. Within seven (07) working days from the date of receiving the complete assessment result file, if the on-site assessment results meet the required criteria, the General Department shall review and prepare one (01) set of files to submit to the Minister of Science and Technology for approval of the national standard and designation of the organization to maintain the national standard. The file includes:

a) Letter from the General Department;

b) Assessment result file as stipulated in Article 12 of this Circular;

c) File for approval of the national standard and designation of the organization to maintain the national standard as stipulated in Article 5 of this Circular.

Section 4

DECISION TO APPROVE THE NATIONAL STANDARD,

DESIGNATE THE ORGANIZATION TO MAINTAIN THE NATIONAL STANDARD

Article 14. Decision to Approve the National Standard, Designate the Organization to Maintain the National Standard

1. Based on the submitted file of the General Department, the Minister of Science and Technology shall examine and decide to approve the national standard and designate the organization to maintain the national standard (hereinafter referred to as the approval and designation decision).

2. The approval and designation decision shall include the following main contents:

a) Name of the measurement field, measured quantity;

b) Name of the national standard;

c) Number;

d) Code of the national standard;

đ) Place of production, year of production of the national standard;

e) Measurement range, accuracy or accuracy level and other necessary metrological characteristics of the national standard;

g) Name and address of the designated organization to maintain the national standard.

3. In case one (01) approval and designation decision is issued to simultaneously approve two (02) or more national standards and designate one (01) organization to maintain those national standards, the contents prescribed in points a, b, c, d, đ and e must be recorded separately for each national standard.

4. The approval and designation decision shall be sent to the organization designated to maintain the national standard.

5. The approval and designation decision as stipulated in Clause 2 of this Article and images of the national standard as stipulated in Point c Clause 1 of Article 5 of this Circular shall be published on the Ministry of Science and Technology's electronic portal and the General Department's portal.

Article 15. Retention of National Standard Approval Files and Designation of National Standard Holding Organizations

1. The National Standard Approval Files and Designation of National Standard Holding Organizations to be retained include: The approval and designation decisions as stipulated in Article 14 of this Circular and other files as prescribed in Clause 2 of Article 13 of this Circular.

2. One (01) set of National Standard Approval Files and Designation of National Standard Holding Organizations shall be retained at the General Department.

3. The organization designated to hold the national standard shall be responsible for establishing and retaining one (01) set of National Standard Approval Files and Designation of National Standard Holding Organizations.

4. The retention period for the files: Five (05) years from the date the approval and designation decision is amended or revoked.

Section 5

SUSPENSION, REVOCATION OF EFFECTIVENESS, AMENDMENT OF SCOPE

OF THE APPROVAL AND DESIGNATION DECISIONS

Article 16. Suspension of Effectiveness of the Approval and Designation Decisions

1. The suspension of effectiveness of the approval and designation decisions applies to the following cases:

a) The organization designated to hold the national standard fails to fulfill its responsibilities as prescribed in Article 22 of this Circular;

b) The organization designated to hold the national standard has a document requesting the suspension of holding the national standard.

2. Depending on each specific case, based on the proposal of the General Department, the Minister of Science and Technology issues a decision to suspend partially or entirely the effectiveness of the approval and designation decisions (referred to as the suspension decision). The temporary suspension period shall not exceed six (06) months from the effective date of the suspension decision.

3. The suspension decision shall be sent to the organization designated to hold the national standard and published on the Ministry of Science and Technology's electronic portal and the General Department's portal.

4. During the temporary suspension period specified in Clause 2 of this Article, after completing the rectification of consequences due to non-compliance with responsibilities as prescribed in this Circular, the organization subject to the suspension decision may submit one (01) set of re-designation application files directly to the General Department's office or through postal service. The file includes:

a) A letter requesting re-designation;

b) Documents and files regarding the completion of rectifying consequences.

5. Depending on each specific case, the General Department decides to review the files or assess on-site regarding the re-designation request.

6. Within five (05) working days from the date of receiving the files, if the files do not comply with regulations, the General Department will notify the requesting organization of the contents that need to be supplemented or modified.

7. In the case of reviewing the files, within seven (07) working days from the date of receiving valid files, the General Department will prepare a file to submit to the Minister of Science and Technology. The file includes:

a) Letter from the General Department;

b) The re-designation application file as stipulated in Clause 4 of this Article.

8. In the case of on-site assessment, the handling of the files and on-site assessment shall be carried out according to the provisions of Clause 2 of Article 6 and Section 3 of Chapter II of this Circular.

9. Based on the submitted file of the General Department, the Minister of Science and Technology will consider and decide to re-approve and designate according to the provisions of Article 14 of this Circular.

10. The retention of re-designation files shall be implemented according to the provisions of Article 15 of this Circular.

Article 17. Revocation of Effectiveness of the Approval and Designation Decisions

1. The revocation of effectiveness of the approval and designation decisions applies to the following cases:

a) The organization designated to hold the national standard is declared bankrupt or dissolved according to the law;

b) The organization subject to the suspension decision exceeds the temporary suspension period but does not complete the rectification of consequences;

c) The organization designated to hold the national standard has a document requesting not to continue holding the national standard as designated;

d) The national standard is lost or damaged irreparably.

2. Based on the proposal of the General Department, the Minister of Science and Technology issues a decision to revoke the effectiveness of the approval and designation decisions (referred to as the revocation decision).

3. The revocation decision shall be sent to the organization designated to hold the national standard and published on the Ministry of Science and Technology's electronic portal and the General Department's portal.

Article 18. Adjustment of the content of the approval and designation decision

1. In case of requesting to adjust the name and address of the organization designated to maintain the national standard

a) The organization designated to maintain the national standard shall prepare one (01) set of application documents for adjusting the scope of approval and designation, directly submitting at its headquarters or sending through postal service to the General Department. The set of documents includes:

- A letter requesting adjustment;

- A commitment that there will be no change in the national standard and the conditions for maintaining, preserving, and using the national standard as approved;

- Other related documents.

b) Within five (05) working days from the date of receiving complete valid documents, the General Department shall examine and prepare a dossier to submit to the Minister of Science and Technology. The dossier includes:

- A letter from the General Department;

- The application dossier for adjusting the scope of approval and designation as stipulated in point a of this clause.

2. In case of requesting to adjust other contents of the approval and designation decision related to changes in the capacity of the designated organization or changes in the technical characteristics of the national standard

a) The organization designated to maintain the national standard shall prepare one (01) set of application documents for adjusting the scope of approval and designation, including: A letter clearly stating the content requested for adjustment; relevant documents concerning changes in the capacity of the designated organization and changes in the technical characteristics of the national standard;

b) The processing of the application dossier and evaluation at the implementing entity shall be carried out according to the provisions of Clause 2, Article 6 and Section 3, Chapter II of this Circular.

3. Based on the submitted dossier of the General Department, the Minister of Science and Technology shall examine and decide on approval and designation according to the provisions of Article 14 of this Circular for the adjusted content.

4. The dossier of the national standard after the content of the approval and designation decision has been adjusted shall be retained according to the provisions of Article 15 of this Circular.

Chapter III
MAINTENANCE, PRESERVATION, AND USE OF NATIONAL STANDARDS

Article 19. Provisions on maintenance, preservation, and use of national standards

Provisions on the maintenance, preservation, and use of national standards include the following main contents:

1. For maintenance and preservation:

a) Area for maintenance and preservation;

b) Environmental conditions and other technical conditions;

c) Measures to ensure safety, prevent fire and explosion, natural disasters, loss or damage of the national standard; emergency relocation measures;

d) Periodic monitoring of maintenance and preservation conditions;

đ) Internal calibration or inter-laboratory comparison of the national standard; proposals for handling internal calibration and inter-laboratory comparison results;

e) Requirements for maintaining, preserving, and using equipment and facilities to implement the maintenance and preservation of the national standard;

g) Assignment and responsibilities of personnel tasked with maintenance and preservation.

2. For use:

a) For activities involving calibration or comparison of the national standard with international standards or foreign national standards:

- Calibration or comparison cycle;

- Requirements for packaging, transportation, preservation, file and document control, status of the national standard and related equipment before and after implementation; proposals for handling results after calibration or comparison of the national standard.

b) For activities involving calibration or comparison to transfer accuracy from the national standard to lower accuracy measurement standards:

- Area for use;

- Environmental conditions and other technical conditions;

- Measures to ensure safety and prevent damage to the national standard due to improper use;

- Assignment and definition of responsibilities of personnel assigned to perform calibration or comparison;

- Requirements for maintaining, preserving, and using equipment and facilities to implement calibration or comparison;

- Record usage log.

Article 20. Implementation of regulations on maintaining, preserving, and using national standards

The maintenance, preservation, and use of national standards must be carried out in accordance with the provisions issued by the organization designated to keep the national standard.

Chapter IV
IMPLEMENTING PROVISIONS

Article 21. Responsibilities of the National Standardization, Measurement and Quality Control Department General Department of Standardization, Measurement and Quality

1. Organize inspection, evaluation, and completion of files for submission to the Minister of Science and Technology for consideration and approval of national standards, designation of organizations to keep national standards.

2. Manage activities related to the maintenance, preservation, and use of national standards.

3. Conduct inspections of national standards and activities related to their maintenance, preservation, and use by designated organizations every two (02) years or when requested by higher authorities.

4. Carry out inspections according to laws on inspection regarding compliance with the provisions of this Circular and other relevant laws by organizations designated to keep national standards.

Article 22. Responsibilities of organizations designated to keep national standards

1. Conduct scientific research, apply and develop metrology standards technology; establish methods for maintaining and preserving national standards; establish measurement methods to transfer the accuracy of national standards to lower accuracy metrology standards.

2. Establish and maintain management systems and implement activities related to the maintenance, preservation, and use of national standards in accordance with this Circular and other relevant laws.

3. Report promptly any damage to national standards and propose measures to address them or request suspension or revocation of the decision approving national standards, designating organizations to keep national standards.

4. Comply with inspection, examination, and other relevant legal provisions.

5. Adhere to the provisions of this Circular and other relevant laws.

Article 23. Effective Date

This Circular takes effect from August 30, 2013.

Article 24. Implementation

1. The Director of the National Standardization, Measurement and Quality Control Department is responsible for guiding and implementing this Circular.

2. Heads of state agencies, organizations, and individuals concerned are responsible for enforcing this Circular.

3. During the implementation process, if any issues arise or difficulties occur, they should be reported promptly in writing to the Ministry of Science and Technology for study, amendment, and supplementation as appropriate./.