Ordinance No. 16/1999/PL-UBTVQH10 on Measurement 1999

ORDINANCE

Decision No. 16/1999/PL-UBTVQH10 of the Standing Committee of the National Assembly

dated October 6, 1999 on Measurement

To ensure uniformity and accuracy in measurement, contributing to social fairness, protecting the legitimate rights and interests of all organizations and individuals; improving product quality; conserving natural resources, materials, and energy; ensuring safety; protecting health and the environment; promoting scientific and technological development; enhancing state management effectiveness; facilitating international exchanges;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the Fourth Session of the Tenth National Assembly regarding the Law and Ordinance Construction Program for the Ten-Year Term of the Tenth National Assembly and the Law and Ordinance Construction Program for 1999;

This Ordinance regulates measurement.

Chapter I

GENERAL PROVISIONS

Article 1

Measurement is the act of determining the value of a quantity to be measured.

This Ordinance stipulates legal measurement units and measurement standards; calibration and verification of measuring instruments; measurements and prepackaged goods according to quantity; production, sale, export, and import of measuring instruments.

Article 2

The State uniformly manages measurement based on this Ordinance, other legal provisions, and international treaties to which the Socialist Republic of Vietnam has signed or joined to ensure principles of uniformity, accuracy, honesty, and gradual modernization.

State agencies, economic organizations, political organizations, socio-political organizations, social organizations, occupational associations, people's armed forces units, and every individual (hereinafter referred to as organizations and individuals) engaged in measurement activities or other activities related to measurement within the territory of Vietnam must comply with the provisions of this Ordinance and other legal provisions.

The Vietnam Fatherland Front and its member organizations, within their respective tasks and authorities, have the responsibility to promote propaganda, education, mobilize the people to implement, and supervise the enforcement of laws on measurement.

Article 3

Every organization and individual has the right to lodge complaints about violations of laws on measurement; individuals have the right to report such violations. Every organization and individual has the right to propose measures to improve the effectiveness of measurement activities to competent state agencies. Competent state agencies have the responsibility to promptly resolve complaints, reports, and proposals in accordance with the law.

Article 4

All fraudulent acts in measurement activities are strictly prohibited.

Chapter II

LEGAL UNITS OF MEASUREMENT AND STANDARDS OF MEASUREMENT

Article 5

A legal measurement unit is a unit of measurement recognized and permitted for use by the State.

The Socialist Republic of Vietnam recognizes the International System of Units (SI, abbreviated according to international practice).

The Government shall specify legal measurement units consistent with the International System of Units.

Article 6

Organizations and individuals engaged in measurement activities or other activities related to measurement must use legal measurement units; in special cases, they may use other units of measurement as prescribed by the Government.

For exported goods, different units of measurement from those legally recognized in Vietnam may be used upon agreement between the parties involved.

, Clause 1, Clause 2 Article 7a of this Regulation.

A measurement standard is a technical device that represents a measurement unit and serves as a reference to determine the value of a quantity displayed on a measuring instrument.

A reference material sample is a special type of measurement standard used to determine the composition and properties of substances or materials.

The measurement standard system in each field of measurement consists of national standards and lower accuracy standards.

Article 8

A national standard is the highest accuracy measurement standard of the country approved by the Government to serve as the primary standard for determining the values of other standards in a field of measurement. National standards must be linked to international standards through regular direct comparisons with international standards or indirectly through national standards of other countries.

National standards are established in line with the level of national economic development and the global trend in measurement science.

The Government shall specify the agency responsible for maintaining, preserving, and utilizing national standards.

Article 9

Industries, research institutions, production and business establishments, and other entities shall equip themselves with necessary accuracy measurement standards and link them to national standards as required by their operations. The state management agency for measurement facilitates the connection of these standards to national standards through calibration by recognized calibration laboratories as provided for in Article 17 of this Ordinance.

Chapter III

Serial

Article 10

A measuring instrument is a technical device used to determine the value of a quantity to be measured.

Calibration of measuring instruments (hereinafter referred to as calibration) is the process of determining and certifying that a measuring instrument meets all requirements specified by authorized organizations or those delegated to perform calibration.

Article 11

Measuring instruments used for the following purposes must be calibrated:

1- Quantifying goods and services in trade and settlement;

2- Ensuring safety, protecting health and the environment;

3- Judicial appraisal, serving other state administrative activities.

The state management agency for measurement shall specify authorized organizations or those delegated to calibrate measuring instruments, the list of measuring instruments requiring calibration, calibration procedures, and requirements for measuring instruments requiring calibration.

Article 12

Calibration procedures include initial calibration, periodic calibration, and extraordinary calibration.

1- Initial calibration is the first calibration of measuring instruments after production or import.

2- Periodic calibration is calibration performed at regular intervals for measuring instruments in use.

3- Extraordinary calibration is calibration of measuring instruments after repair; at the request of users; for measurement inspection, judicial appraisal, or other state administrative activities.

Article 13

Organizations and individuals producing, repairing, importing, or using measuring instruments listed for calibration must register for calibration in accordance with the calibration procedures specified in Article 12 of this Ordinance.

Procedures for registering calibration of measuring instruments are regulated by the state management agency for measurement.

Article 14

Measuring instruments meeting the specified requirements are marked with calibration seals or certificates, or both, as prescribed by the state management agency for measurement.

Article 15

1- Prohibit the use of measuring instruments listed in the mandatory verification list in the following cases:

a) Lack of verification seal, sticker, or certificate;

b) The verification seal, sticker, or certificate has expired;

c) The measuring instrument is inaccurate, damaged, or no longer meets the prescribed requirements.

2- Prohibit the forgery of verification seals, stickers, certificates, or their use for fraudulent purposes.

Chapter IV

CALIBRATION OF MEASURING INSTRUMENTS

Article 16

Calibration is the comparison of the value of a quantity expressed by a measuring instrument with the corresponding value expressed by a measurement standard.

Calibration applies to measuring instruments used as standards and those not listed in the mandatory verification list; however, standards used for verification are subject to verification procedures.

Calibration of measuring instruments is carried out by calibration laboratories.

Calibration laboratories are responsible for the results of their calibrations.

Article 17

Calibration laboratories recognized as qualified by authorized accreditation organizations are referred to as accredited calibration laboratories.

The state management agency for measurements specifies the authorized accreditation organizations and the conditions and procedures for recognizing calibration laboratories.

Article 18

The State encourages and facilitates the development of calibration activities by scientific research institutions, technology enterprises, production units, and businesses to establish accredited calibration laboratories to ensure the necessary uniformity and accuracy of measuring instruments, meeting the production, business, and scientific research needs of these entities.

Chapter V

PERFORMED MEASUREMENTS AND PREPACKAGED GOODS BY QUANTITY

Article 19

Organizations and individuals conducting important measurements related to the purposes specified in Article 11 of this Ordinance must use verified measuring instruments and methods as prescribed by law; they must facilitate the inspection of these measurements and methods by responsible persons, customers, or customer representatives.

The state management agency for measurements prescribes the measurements and methods mentioned in this Article.

Article 20

Prepackaged goods by quantity are products that have been measured and packaged without the presence of the customer.

The State encourages the sale of goods through prepackaged goods by quantity.

Organizations and individuals producing and selling prepackaged goods by quantity are responsible for ensuring that the goods are correctly packaged according to the stated quantity.

Article 21

The quantity of prepackaged goods by quantity must be clearly marked on the packaging.

The difference between the actual quantity of goods and the quantity marked on the packaging may not exceed the permissible limit.

The state management agency for measurements specifies the list of prepackaged goods by quantity that require management, the permissible difference between the actual quantity of goods and the quantity marked on the packaging, and the corresponding inspection methods.

Chapter VI

PRODUCTION, SALE, EXPORT, IMPORT OF MEASURING INSTRUMENTS

The State encourages organizations and individuals to produce measuring instruments.

Article 22

Organizations and individuals producing and importing measuring instruments listed in the mandatory verification list for sale must follow approved models of measuring instruments as approved by the state management agency for measurements.

The state management agency for measurements prescribes the approval of measuring instrument models.

Organizations and individuals selling measuring instruments listed in the mandatory verification list can only sell verified measuring instruments.

Article 23

The State encourages organizations and individuals to export measuring instruments.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

Exported measuring instruments are produced based on agreements among the relevant parties.

The scope of state management over measurements includes:

Chapter VII

STATE MANAGEMENT IN TERMS OF MEASUREMENTS

Article 25

1- Developing plans and programs for measurements; drafting, issuing, and implementing legal regulations, policies, standards, and procedures for measurements; guiding and inspecting the implementation of these documents;

2- Organizing and managing the activities of state management agencies for measurements at all levels;

3- Specifying legal units of measurement; establishing and managing the measurement standard system; specifying measurement methods;

4- Organizing verification activities; conducting verifications and delegating verification authority for measuring instruments;

5- Guiding, organizing, and developing calibration activities for measuring instruments; organizing the recognition of calibration laboratories and standard samples;

6- Organizing and managing the approval of measuring instrument models for production and import;

7- Organizing and applying scientific and technological progress in the field of measurements;

8- Organizing training and technical skills development in measurements; organizing and managing the certification of metrology inspectors;

9- Organizing information dissemination, publicity, and popularization of knowledge and laws on measurements;

10- Organizing and managing international cooperation in the field of measurements;

11- Inspecting and supervising compliance with laws on measurements; resolving complaints and reports; handling violations of laws on measurements.

The Ministry of Science, Technology, and Environment is responsible before the Government for state management over measurements.

Article 26

The Government shall unify state management of measurement throughout the country.

The organization, tasks, and powers of the state management agency for measurements under the Ministry of Science, Technology, and Environment are regulated by the Government.

Ministries, ministerial-level agencies, and government agencies within their respective duties and powers shall cooperate with the Ministry of Science, Technology, and Environment in state management over measurements.

Article 27

The Government will specify the responsibilities of ministries, ministerial-level agencies, and government agencies in state management over measurements.

People's Committees at all levels within their respective duties and powers are responsible for implementing state management over measurements locally, particularly for weighing essential consumer products and commonly used goods in daily life.

Article 28

The Government stipulates the types of fees and charges related to measurement activities.

Article 29

1- Specialized inspections of measurements fall within the functions of the state management agency for measurements.

Chapter VIII

SPECIALIZED INSPECTION ON MEASUREMENT

Article 30.

2- The organization and operation of specialized inspections of measurements are regulated by the Government.

2- The organization and operation of specialized inspection bodies for measurement shall be regulated by the Government.

Article 31

The mission of specialized inspection in metrology is to inspect compliance with laws on metrology, impose penalties, and recommend or apply preventive and cessation measures for violations of laws on metrology within their authority.

The inspection shall be carried out by the Inspection Team or Inspector.

Article 32

During the inspection process, the Inspection Team or Inspector has the right to:

1- Request organizations and individuals related to provide documents and answer questions necessary for the inspection; conduct technical inspections at the site;

2- Suspend the use or sale of illegal measuring instruments and pre-packaged goods that do not meet measurement requirements; temporarily suspend the production and calibration of measuring instruments contrary to the provisions of the law on metrology, and recommend measures for handling to the competent state management agency;

3- Prepare records, impose penalties within their authority, or seal illegal measuring instruments together with other evidence, and recommend measures for handling to the competent state management agency on metrology; if there are signs indicating criminal offenses, transfer the case file to the competent state agency as prescribed by law.

The Inspection Team and Inspectors must be responsible under the law for conclusions and handling measures during the inspection process.

Article 33

Organizations and individuals subject to inspection have the responsibility to create conditions for the Inspection Team and Inspectors to perform their duties and must comply with decisions made by the Inspection Team or Inspectors.

Article 34

Organizations and individuals subject to inspection have the right to lodge complaints or initiate lawsuits against decisions or handling measures taken by the Inspection Team or Inspectors according to the law. During the examination and resolution process by competent state agencies, organizations and individuals subject to inspection must still comply with the decisions of the Inspection Team or Inspectors, except where otherwise provided by law.

Chapter IX

REWARD AND VIOLATION HANDLING

Article 35

Organizations and individuals who achieve outstanding results in metrological activities or contribute to detecting violations of laws on metrology shall be rewarded according to State regulations.

Article 36

Organizations and individuals engaging in fraudulent activities in metrological operations; failing to implement regulations on measuring instrument verification; using, producing, importing, selling measuring instruments or pre-packaged goods that do not conform to specified requirements; forging verification marks, seals, certificates; using verification marks, seals, certificates for fraudulent purposes or violating other provisions of this Ordinance shall be dealt with according to the nature and severity of the violation as prescribed by law.

Article 37

Any person taking advantage of their position or power to violate the provisions of this Ordinance shall be disciplined or criminally prosecuted depending on the nature and severity of the violation.

Article 38

Organizations and individuals whose violations of this Ordinance cause damage to others shall, in addition to being handled according to Articles 36 and 37 of this Ordinance, also compensate for damages according to the law.

Chapter X

IMPLEMENTING PROVISIONS

Article 39

This Ordinance takes effect from January 1, 2000.

Article 40

This Ordinance replaces the Metrology Ordinance approved by the State Council on July 6, 1990.

Previous regulations contrary to this Ordinance are abolished.

Article 41

The Government shall promulgate detailed regulations to implement this Ordinance.