DECISION OF THE PRIME MINISTER

Regulations on functions, tasks, powers

and the organizational structure of the General Department of Standards, Metrology and Quality

___________________

PRIME MINISTER

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Minister of Science and Technology, the Minister of Home Affairs,

DECISION:

Article 1. Position and Functions

The General Department of Standards, Metrology and Quality is an agency under the Ministry of Science and Technology, performing the function of state management over standards, metrology, and product and commodity quality in accordance with the provisions of the law.

The General Department of Standards, Metrology and Quality has legal personality and possesses a seal bearing the national emblem, the national coat of arms, is a budgetary unit at level II, level II books and have and maintains a separate account. The headquarters of the General Department is located in Hanoi City.

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;

The General Department of Standards, Metrology and Quality performs the tasks and powers as prescribed by laws on standards, metrology, and product and commodity quality, other relevant laws, and the following specific tasks and powers:

1. Drafting and submitting to the Minister of Science and Technology legal instruments on standards, metrology, and product and commodity quality; guiding and organizing the implementation of such legal instruments after their promulgation.

2. Drafting and submitting to the Minister of Science and Technology policies, strategies, plans, measures for the development of standards, metrology, and product and commodity quality; guiding and organizing the implementation of such policies, strategies, plans, and measures after their approval.

3. Regarding standards:

a) Assisting the Minister of Science and Technology in uniformly managing the state's system of standards in Vietnam, including:

Organizing the drafting and submission to the Minister of Science and Technology of Vietnamese standards;

Submitting to the Minister of Science and Technology documents prescribing guidelines for the application of Vietnamese standards, international standards, and foreign standards in Vietnam;

Submitting to the Minister of Science and Technology lists of products and commodities that must apply Vietnamese standards, and lists of products and commodities that must be certified as conforming to Vietnamese standards.

b) The General Department of Standards, Metrology and Quality shall perform the following tasks:

Guiding activities related to the drafting and registration of industry standards and the establishment of basic standards in accordance with the law;

Leading and participating in the drafting of international and regional standards in accordance with the law.

4. Regarding metrology:

a) Assisting the Minister of Science and Technology in uniformly managing the state's system of measurement standards, including:

Submitting to the Minister of Science and Technology plans for the development of the national measurement standard system; assigning agencies responsible for keeping and preserving national measurement standards; national measurement standards; assign agencies to keep and preserve national measurement standards;

Submitting to the Minister of Science and Technology regulations on measurements and measurement methods, and requirements for organizations and individuals conducting measurements to facilitate users' ability to check measurements and measurement methods;

b) The General Department of Standards, Metrology and Quality shall perform the following tasks:

Keeping and preserving national measurement standards;

Establishing and managing the national measurement standard system; guiding ministries, sectors, and localities in establishing measurement standard systems;

Organizing and managing the calibration and verification of measuring instruments, recognizing the capability to verify measuring instruments;

Certifying reference standards, approving measuring instrument models before production or import in accordance with the law;

Issuing and revoking metrology inspector certification cards.

5. Regarding product and commodity quality:

a) Assisting the Minister of Science and Technology in uniformly managing the state's affairs concerning the quality of products and commodities circulating domestically and exported/imported goods, including:

Submitting to the Minister of Science and Technology principles, conditions, and criteria for accreditation, certification, and inspection organizations;

Submitting to the Minister of Science and Technology regulations on the announcement, accreditation, and certification of quality;

Submitting to the Minister of Science and Technology lists of products and commodities subject to state inspections for quality, inspection bases, and lists of organizations designated to conduct quality inspections;

Submitting to the Minister of Science and Technology regulations on the resolution of disputes regarding product and commodity quality in accordance with the law;

Assisting the Minister of Science and Technology in leading and coordinating with relevant ministries and sectors in signing and implementing international agreements on mutual recognition in accreditation and certification activities.

b) The General Department of Standards, Metrology and Quality shall perform the following tasks:

Leading and coordinating with relevant agencies in organizing quality inspections of products and commodities at border gates and in the market;

Organizing evaluations, accreditations, and designations of technical service organizations participating in state management of quality for products and commodities under the jurisdiction of the Ministry of Science and Technology;

Coordinating with relevant state agencies in designating technical service organizations participating in state management of quality for products and commodities under their jurisdiction;

Guiding activities related to the announcement, accreditation, and certification of quality.

6. Organizing and implementing scientific research, professional training, testing, technology transfer; disseminating information and providing consulting services on standards, metrology, quality, productivity, and barcode numbering.

7. Implementing international cooperation on standards, metrology, quality, productivity, and barcode numbering in accordance with the law; representing Vietnam in international and regional organizations as decided by competent state authorities.

8. Inspecting, supervising, and handling violations of laws on standards, metrology, quality, and barcode numbering within its authority.

9. Managing fees, charges, and other revenues from activities related to standards, metrology, quality, and related fields in accordance with the law.

10. Providing guidance and supervision on professional and technical matters for standard, metrology, and quality agencies of ministries, sectors, localities, and institutions.

11. Guide and inspect the activities of standard service organizations, measurement, and quality.

12. Develop and implement the administrative reform program of the General Department in accordance with the objectives and content of the State administrative reform program of the Ministry of Science and Technology.

13. Manage the organizational structure, cadres, civil servants, public officials, and employees of the General Department according to the分级管理权限和国家规定。

14. Manage the financial resources and assets of the General Department in accordance with the provisions of the law.

15. Directly engage with relevant state agencies as prescribed by law or upon authorization from the Minister of Science and Technology. 16. Perform other tasks assigned by the Minister of Science and Technology.

a) Organizations assisting the Director-General:

Article 3. Organizational Structure

1. Standard Board;

2. Measurement Board;

3. Conformity Assessment Board;

4. Planning and Finance Board;

5. International Cooperation Board;

6. Organization and Cadre Board;

7. Inspectorate;

8. Office;

9. Product Quality Management Bureau (with two subordinate branches: the Product Quality Management Branch located in Da Nang City, the Product Quality Management Branch located in Ho Chi Minh City; quality inspection units at international border gates as decided by the Minister of Science and Technology after obtaining permission from the Prime Minister).

b) Service organizations:

1. Vietnam Standard Quality Center;

2. Vietnam Measurement Center;

3. Technical Standard Measurement Quality Center 1 located in Hanoi City;

4. Technical Standard Measurement Quality Center 2 located in Da Nang City;

5. Technical Standard Measurement Quality Center 3 located in Ho Chi Minh City;

6. National Notification and Inquiry Point for Standards, Measurement, and Quality (also known as the TBT Vietnam Office).

Other service organizations under the General Department of Standardization, Metrology, and Quality are organized and restructured by the Minister of Science and Technology in accordance with the law.

The Minister of Science and Technology shall stipulate the organization and operation of the units specified in Article 3 of this Decision.

The General Department of Standardization, Metrology, and Quality has a Director-General and no more than three Deputy Directors-General. The Director-General is appointed and relieved of duty by the Prime Minister upon the recommendation of the Minister of Science and Technology. The Director-General is responsible to the Minister of Science and Technology and the law for all activities of the General Department of Standardization, Metrology, and Quality.

Article 4. Leadership of the General Department

The Deputy Directors-General of the General Department of Standardization, Metrology, and Quality are appointed and relieved of duty by the Minister of Science and Technology upon the recommendation of the Director-General and are responsible to the Director-General and the law for the areas of work assigned to them.

The Minister of Science and Technology, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial people's committees under central cities, and the Director-General of the General Department of Standardization, Metrology, and Quality are responsible for implementing this Decision./.

Article 5. Effectiveness and Responsibility for Implementation

This Decision takes effect fifteen days from the date of publication in the Official Gazette.

The Minister of Science and Technology, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial people's committees under the central government, and the Director of the General Department of Standardization, Measurement, and Quality Control are responsible for implementing this Decision./.