This Circular details the inspection of measurement for the quantity of prepackaged goods and the responsibilities of related organizations and individuals. This Circular takes effect from August 30, 2014, and abolishes certain previous regulatory legal documents.
Đối tượng áp dụng
Organizations and individuals producing, importing, circulating, and trading in prepackaged goods; the General Department of Standardization, Measurement, and Quality Control; Provincial Departments of Science and Technology under central cities; Provincial Standardization, Measurement, and Quality Control Agencies under central cities.
Các điểm cốt lõi
- Detailed regulations on the inspection of measurement for the quantity of prepackaged goods
- Responsibilities of organizations and individuals producing, importing, circulating, and trading in prepackaged goods
- Responsibilities of the General Department of Standardization, Measurement, and Quality Control
- Responsibilities of Provincial Departments of Science and Technology under central cities
- Responsibilities of Provincial Standardization, Measurement, and Quality Control Agencies under central cities
🌐 Tác động xã hội từ văn bản này
- Strengthening state management over measurement for prepackaged goods
- Ensuring consumer rights through quality control of goods
- Improving a fair business environment for organizations and individuals complying with regulations
❓ Câu hỏi thường gặp
When does this Circular take effect?
This Circular takes effect from August 30, 2014.
Which documents are abolished by this Circular?
Decision No. 02/2008/QĐ-BKHCN and Decision No. 07/2008/QĐ-BKHCN of the Minister of Science and Technology.
What are the responsibilities of organizations and individuals producing prepackaged goods?
Maintaining requirements stipulated in Article 10, Article 11; providing truthful information about the quantity of prepackaged goods; informing customers and users about conditions to be followed during transportation, storage, preservation, and use of prepackaged goods; ensuring that the quantity of prepackaged goods meets technical measurement requirements as specified in this Circular.
Toàn văn
REGULATION RESOLUTION
Article 24on measurement for quantity of prepackaged goods
_________________
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. 89/2006/NĐ-CP dated August 30, 2006 of the Government on labeling of goods;
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;
At the request of the Director General of the Standardization, Measurement, and Quality Control Department,
The Minister of Science and Technology issues this Circular on measurement for quantity of prepackaged goods.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
2. This Circular does not apply to prepackaged goods that are: medicines; goods enjoying preferential treatment or exemption from customs procedures; temporarily imported goods for re-export; transit goods; goods stored in bonded warehouses; goods processed by Vietnamese enterprises for foreign traders; imported equipment and machinery serving investment projects; goods in the field of national secrets; goods serving urgent needs; goods directly serving special measurement activities in the fields of national defense and security.
Article 2. Applicability
1. Organizations and individuals (hereinafter referred to as entities) producing, importing, circulating, and trading prepackaged goods.
2. State agencies on measurement and other organizations and individuals related thereto.
Article 3. Explanation of Terms
In this document, the following terms are understood as follows:
1. Prepackaged goods are goods quantified according to units of mass, volume, area, length, or count, packaged and labeled with quantity without the presence of the buyer.
2. Prepackaged goods group 1 are prepackaged goods not included in the list prescribed in Clause 3 of this Article.
3. Prepackaged goods group 2 are prepackaged goods with large quantities circulating in the market or high value, having the potential to cause disputes or complaints about measurement between parties in sales and payment transactions, significantly affecting health and the environment, as specified in the List of prepackaged goods group 2 prescribed in Article 6 of this Circular.
4. Unit of prepackaged goods or package of prepackaged goods consists of packaging and the quantity of goods contained within the packaging.
5. Packaging is material used to wrap the outside of prepackaged goods, excluding those inherent to the nature of the goods.
6. Actual quantity (Qr) is the quantity of prepackaged goods contained in the packaging and determined by appropriate measuring instruments.
7. Non-conforming unit of prepackaged goods is a unit of prepackaged goods with actual quantity (Qr) less than the minimum allowable quantity (Qmin).
8. Minimum allowable quantity (Qmin) is the difference between the declared quantity (Qn) and the allowable shortage (T).
Qmin = Qn - T
In which, Allowable shortage (T) is defined in Appendix IV issued together with this Circular.
9. Declared quantity (Qn) is the quantity of prepackaged goods indicated on the goods label.
10. Average value (Xtb) of quantity of prepackaged goods is defined in Clause 3 of Article 3 of 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.
11. Lot of prepackaged goods (referred to as lot) is a collection of identical units of prepackaged goods produced (including one or more production activities such as repackaging or bottling, packaging), imported, circulated, and traded with the same declared quantity under similar conditions from which prepackaged goods are taken out for evaluation against technical measurement requirements.
12. Lot size (N) is the number indicating the total number of units of prepackaged goods in a lot and is determined based on the following requirements:
a) At the place of production, the lot size is calculated based on the number of units of prepackaged goods produced in one hour;
b) At the place of importation, the lot size is calculated based on the number of units of prepackaged goods per import batch;
c) At the place of circulation and trade, the lot size is calculated based on the number of units of prepackaged goods on transportation means, at storage locations, or at sale points;
d) The lot size shall not exceed one hundred thousand (100,000).
13. Sample size (n) is the number indicating the number of units of prepackaged goods randomly sampled from the lot for evaluation.
14. Number of non-conforming units of prepackaged goods is the number indicating the number of units of prepackaged goods not meeting the specified requirements and is determined when evaluating the lot of prepackaged goods.
15. Solvent is liquid or gas contained together with prepackaged goods and discarded after use of the prepackaged goods.
16. Dry quantity is the actual quantity of prepackaged goods in liquid solvent.
17. Prepackaged goods manufacturing entity is an organization or individual carrying out one or more production activities such as repackaging or bottling, packaging in Vietnam.
18. Prepackaged goods importing entity is an organization or individual importing or entrusting the importation of prepackaged goods.
19. Other terms are understood as prescribed in Article 3 of the Law on Measurement.
Chapter II
TECHNICAL REQUIREMENTS FOR MEASUREMENT OF QUANTITY OF PREPACKAGED GOODS AND LIST OF PREPACKAGED GOODS GROUP 2
Article 4. Technical requirements for the quantity of prepackaged goods
1. Requirements for recording the quantity of prepackaged goods on product labels
a) The declared quantity of prepackaged goods recorded on the product label shall be the stated quantity.
b) The stated quantity (Qn) of prepackaged goods must be recorded by printing, attaching, or affixing directly onto the prepackaged goods or their packaging or label.
c) The position where the stated quantity is recorded must be easily visible and readable under normal display conditions during sales activities.
d) If the phrase "net weight:" or "actual volume:" precedes the stated quantity (Qn), it is not permitted to record phrases such as "approximately" or "minimum" like "approximately net weight" or "minimum actual volume."
đ) The stated quantity (Qn) shall be recorded with numerical values and legal units of measurement or counted numbers; there must be a single (01) blank space between the numerical value and the unit of measurement.
e) Recording the stated quantity (Qn) of prepackaged goods according to units of weight or volume shall be carried out as follows:
- For solid prepackaged goods, liquefied gases, frozen goods, aerosol sprays, or goods containing compressed gas: Record using units of weight.
- For liquid goods: Record using units of volume.
- For viscous goods or other goods: Record using units of weight or volume.
g) Recording units of measurement according to the range of the stated quantity (Qn) shall be carried out in accordance with the provisions set forth in Appendix I attached hereto.
h) The minimum height of characters and figures representing the stated quantity (Qn) must meet the requirements set forth in Appendix II attached hereto.
i) When one (01) unit of prepackaged goods contains two (02) or more packages or units of similar prepackaged goods with the same stated quantity that can be sold individually, the total stated quantity of the unit of prepackaged goods, the number of packages or units, and the stated quantity of one (01) package or unit of prepackaged goods must be recorded.
Example: One (01) box of coffee containing ten (10) packets, each packet weighing twenty (20) grams, records the stated quantity of the coffee box as follows:
200 g (10 packets x 20 g)
k) When one (01) unit of prepackaged goods contains two (02) or more packages or units of different types of prepackaged goods, the name, number of packages or units, and the stated quantity of each individual type of prepackaged goods must be recorded.
Example: One (01) bag of shoe polish containing: two (02) black shoe polish boxes, each box weighing fifteen (15) grams; one (01) brown shoe polish box weighing twenty-five (25) grams; one (01) white shoe polish box weighing fifteen (15) grams, records the stated quantity of the aforementioned shoe polish bag as follows:
Black shoe polish: 2 boxes x 15 g; brown shoe polish: 1 box x 25 g; white shoe polish: 1 box x 15 g.
Total: 4 boxes (70 g).
l) For prepackaged goods contained in a medium, the dry weight and total weight must be recorded on the product label.
2. Requirements for the shape, size, and other requirements of prepackaged goods packaging
a) Prepackaged goods packaging shall not have shapes, sizes, and other structures (such as auxiliary bases, partitions, auxiliary lids, auxiliary covers) that cause confusion or deception about the quantity of prepackaged goods contained within the packaging.
b) Prepackaged goods must fill the volume of the packaging except when there must be a difference between the volume of the packaging and the volume of the prepackaged goods contained within due to one or more of the following reasons:
- To protect the prepackaged goods;
- Due to operational requirements of equipment used for packaging the prepackaged goods;
- Due to transportation requirements for the prepackaged goods;
- Due to the nature of the prepackaged goods (prepackaged goods in spray cans containing compressed gas...).
c) If the quantity of prepackaged goods is recorded at multiple positions on the packaging, at each position, the recording of the quantity of prepackaged goods must comply with the requirements set forth in Clause 1 of this Article.
d) Information about additional or free quantities of prepackaged goods must be clearly recorded along with the stated quantity (Qn) on the label, except when the manufacturer clearly announces that the additional or free quantities mentioned above are included in the stated quantity (Qn) of the prepackaged goods.
Article 5. Requirements for measurement regarding the quantity of prepackaged goods
1. Requirement for average value (Xtb)
a) In the case where the sample size (n) equals the batch size (N) (n = N), the average value (Xtb) of the actual quantity (Qr) of each unit of prepackaged goods in the batch must meet the requirement expressed as follows:
Xtb >= Qn
b) In the case where the sample size (n) is smaller than the batch size (N) (n < N), the average value (Xtb) must meet the requirement expressed as follows:
Xtb >= Qn - k.s
Where: s is the standard deviation of the actual quantity calculated according to the formula specified in Appendix III issued together with this Circular.
k is the correction factor selected in Appendix III issued together with this Circular.
2. Requirement for the number of non-conforming units of prepackaged goods
a) In the case where the sample size (n) equals the batch size (N) (n = N), the following requirements must be met:
- The number of non-conforming units of prepackaged goods shall not exceed 2.5% of the batch size;
- There shall be no non-conforming unit of prepackaged goods with a shortage greater than two (02) times the permissible shortage T specified in Appendix IV issued together with this Circular.
b) In the case where the sample size (n) is smaller than the batch size (N) (n < N), the following requirements must be met:
- The number of non-conforming units of prepackaged goods shall not exceed the permissible value specified in Table 1, Table 2 (for sampling at the place of production, import, circulation, sale), in Table 3 (for sampling at the place of import, circulation, sale and requiring the opening of the packaging of prepackaged goods) of Appendix III issued together with this Circular;
- There shall be no non-conforming unit of prepackaged goods with a shortage greater than two (02) times the permissible shortage T specified in Appendix 4 issued together with this Circular.
1. The list of Group 2 prepackaged goods includes the names of specific types of prepackaged goods.
2. Based on the proposals of ministries and sectors and the management requirements of the State on measurement, the General Department of Standardization, Metrology and Quality Control will compile and submit to the Ministry of Science and Technology for consideration and decision on the inclusion of Group 2 prepackaged goods in the list prescribed in Clause 1 of this Article.
Chapter III
QUANTITY MARK
Article 7. Quantity Mark
1. The quantity mark is a symbol used to indicate the quantity of prepackaged goods that complies with the provisions of Articles 4 and 5 of this Circular.
2. The quantity mark is a letter V, uppercase font, upright and bold, Times New Roman font. The height of the letter is greater than or equal to three millimeters (3 mm).
Article 8. Use of Quantity Mark
1. Group 1 prepackaged goods may bear the quantity mark on the product label if they meet the requirements stipulated in Articles 4 and 5 and are self-declared by the entity meeting the corresponding requirements under Article 10 or Article 11 in Section 2, Chapter IV of this Circular.
Article 9. Displaying the Quantity Mark on the Label of Prepackaged Goods
1. The quantity mark is displayed by printing, attaching, or pasting directly on the goods or on the packaging or label attached to the goods in a position that is easily visible and readable.
2. The quantity mark is displayed in the same color as the declared quantity and placed before the declared quantity of prepackaged goods. There must be one (01) blank space between the quantity mark and the declared quantity.
Example: V 800 g or V 500 ml.
Chapter IV
ANNOUNCEMENT OF USE OF QUANTITY MARK, CERTIFICATION OF MEETING THE CONDITIONS FOR USE OF QUANTITY MARK
Section 1
REQUIREMENTS FOR ENTITIES USING QUANTITY MARK
Article 10. Requirements for production facilities of pre-packaged goods
1. Established in accordance with the provisions of the law.
2. Must have sufficient technical infrastructure to meet the following requirements:
a) Have adequate measuring instruments for pre-packaged goods (for production facilities of pre-packaged goods), measuring instruments for self-assessment of the quantity of pre-packaged goods (for facilities that conduct self-assessment of the quantity of pre-packaged goods); all measuring instruments must be regularly inspected and calibrated according to regulations;
b) Have working space, environmental conditions, and other conditions as required under Clause 4 of this Article.
3. Must have sufficient technical staff to implement measurement control measures as prescribed in Clause 4 of this Article.
4. Enact and implement measurement control measures for measuring instruments, measuring devices, and measurement procedures (hereinafter referred to as measurement control measures) to ensure technical measurement requirements for the quantity of pre-packaged goods.
Article 11. Requirements for import facilities of pre-packaged goods
2. Enact and implement measurement control measures to ensure technical measurement requirements for the quantity of pre-packaged goods.
Section 2
ANNOUNCEMENT OF USE OF QUANTITY MARKING
Article 12. Procedures and formalities for announcing the use of quantity marking
1. Facilities meeting the corresponding requirements stipulated in Articles 10 and 11 of this Circular shall prepare two (02) copies of the announcement of the use of quantity marking on the label of pre-packaged goods (hereinafter referred to as the announcement) (in accordance with Model 1. CBDĐL attached as Appendix V of this Circular) and directly send or mail them to the Provincial or Municipal Standard Measurement Quality Control Agency (hereinafter referred to as the Standard Measurement Quality Control Agency) where the facility has registered its main office.
2. Within three (03) working days from the date of receipt of the announcement, if the announcement is incomplete or does not comply with regulations, the Standard Measurement Quality Control Agency will notify the facility in writing about the contents that need to be supplemented and completed.
After thirty (30) days from the date the Standard Measurement Quality Control Agency sends the notification, if the facility does not supplement the complete and compliant announcement, the Standard Measurement Quality Control Agency has the right to cancel the processing of this announcement.
3. Within five (05) working days from the date of receipt of the announcements, if the announcements are complete and comply with regulations, the Standard Measurement Quality Control Agency will sign and stamp the confirmation on two (02) copies of the announcements of the facility and return one (01) copy to the facility.
4. The Standard Measurement Quality Control Agency shall establish a tracking and management record of received announcements.
Article 13. Retention of announcement records
1. The facility is responsible for establishing and retaining announcement records at the facility as follows:
a) The announcement with confirmation and acceptance stamp of the Standard Measurement Quality Control Agency;
b) A document from the head of the facility specifying the control measures to ensure technical measurement requirements for the quantity of pre-packaged goods;
c) Records of inspection and calibration results of measuring instruments, technical measurement evaluation records for the quantity of pre-packaged goods, records of results of implementing other measurement control measures as prescribed.
2. Retention period: two (02) years after the records are replaced or canceled or expire.
Article 14. Amendment of Content of the Announcement
1. When there is any change in the content of the announcement that has been received or when the received announcement is lost, damaged, and the entity requires to receive it again, the entity shall re-publish the announcement according to the procedures and formalities stipulated in Article 12 of this Circular.
2. The serial number for each subsequent receipt in the announcement shall be continuously numbered from the first confirmation and receipt stamp to subsequent receipt announcements.
Article 15. Cancellation of Announcement
1. The cancellation of the announcement using the measurement mark on pre-packaged goods labels shall apply in the following cases:
a) The entity seriously violates the provisions of Article 25 of this Circular;
b) The entity sends a notification of cancellation of the announcement to the Standardization, Measurement, and Quality Control Sub-Department where the entity registers its operations;
c) The entity is declared bankrupt or dissolved in accordance with the law.
2. In the case specified in Point b Clause 1 of this Article, the Standardization, Measurement, and Quality Control Sub-Department shall sign and stamp the receipt on the cancellation announcement notification, return it to the entity, and record it in the tracking and management register of received announcements.
Section 3
CERTIFICATION OF ELIGIBILITY TO USE THE MEASUREMENT MARK
1. The General Department of Standardization, Measurement, and Quality Control certifies eligibility to use the measurement mark for entities that request and meet the requirements for implementing production and importation of pre-packaged goods nationwide.
2. The Standardization, Measurement, and Quality Control Sub-Department certifies eligibility to use the measurement mark for entities that request and meet the requirements for implementing production and importation of pre-packaged goods within their local jurisdiction.
Entities requesting certification must prepare one (01) set of application documents and submit them directly or through postal service to the certification authority. The set of documents includes:
1. An application for certification of eligibility to use the measurement mark on pre-packaged goods labels (in accordance with Model 2. DCNN attached as Appendix V issued together with this Circular).
2. A copy (certified true copy by the production entity) of the decision on establishment or business registration certificate issued by the competent state agency.
3. A document from the head of the entity specifying measures for metrological control to ensure technical metrological requirements for the quantity of pre-packaged goods.
4. Documentation of calibration results, technical assessment reports for measuring instruments, documentation of implementation results of other metrological control measures as prescribed.
1. Within five (05) working days from the date of receiving the documents, if the documents are incomplete or invalid, the certification authority shall notify the requesting entity in writing about the contents that need to be supplemented or completed.
If the requesting entity does not supplement the complete documents as required within ninety (90) days from the date the certification authority sends the notification, the certification authority may cancel the processing of these documents.
2. Within thirty (30) working days from the date of receiving complete and valid documents, the certification authority shall establish an evaluation team at the entity and conduct the evaluation as stipulated in Article 19 of this Circular (for entities producing pre-packaged goods).
3. Within fifteen (15) working days from the date of receiving complete and valid documents, the certification authority shall issue a certificate of eligibility to use the measurement mark on pre-packaged goods labels (hereinafter referred to as the certificate) to the requesting entity in accordance with Article 20 of this Circular.
1. The on-site assessment shall be organized in the form of an assessment team and conducted according to the principle of expertise.
2. The assessment team shall be established by the head of the certification authority to conduct on-site assessments, report results, and advise the head of the certification authority on the suitability of the proposed entity with the requirements stipulated in this Circular.
3. Composition of the assessment team and responsibilities of its members
a) The assessment team consists of a team leader and other members. The number of people in the assessment team depends on the certification request and must not be less than two (02); the team leader and other members must have certificates confirming completion of training courses in assessment skills for prepackaged goods measurement systems organized by the General Department of Standardization, Metrology, and Quality Control.
b) The team leader is responsible for organizing the implementation of the team's tasks; directly assessing the management system; assigning specific responsibilities to team members; convening and chairing team meetings; reviewing the assessment result files before submitting them to the head of the certification authority.
c) Other members are responsible for performing assigned tasks and are accountable to the team leader for the content and results of their tasks.
4. Content of the assessment: Assessing the suitability of the proposed entity with the requirements set forth in Articles 10 and 11 of this Circular.
5. Methods, means of assessment, and procedures for on-site assessment shall be carried out in accordance with the guidance of the General Department of Standardization, Metrology, and Quality Control.
6. Costs and other conditions serving the on-site assessment by the assessment team shall be guaranteed by the proposed entity.
1. The content and format of the certificate follow Model 4.GCN in Appendix V issued together with this Circular.
2. The validity period of the certificate is five (05) years from the date of issuance.
3. The certificate shall be sent to the proposed entity, the General Department of Standardization, Metrology, and Quality Control, the District Bureau of Standardization, Metrology, and Quality Control where the proposed entity conducts production or imports prepackaged goods, and posted on the General Department of Standardization, Metrology, and Quality Control’s electronic information portal.
1. The retained certification files include: the application file specified in Article 17, the on-site assessment file specified in Article 19, and the certificate specified in Article 20 of this Circular.
2. One (01) set of certification files shall be retained at the certification authority.
3. The certified entity shall be responsible for establishing and retaining one (01) set of the application file at the entity's headquarters or production site to facilitate inspection and supervision activities.
4. Retention period: Two (02) years after the certificate expires or is suspended or revoked.
1. Not less than three (03) months before the expiration of the validity period of the previously issued certificate or when there is a need to adjust the certificate content, the proposed entity shall prepare one (01) set of files in accordance with Article 17 of this Circular for re-certification or adjusted certification and submit it directly or through postal service to the certification authority.
2. Depending on the specific circumstances, the certification authority shall examine and decide whether to review the files or conduct an on-site assessment and process the files in accordance with Article 18 of this Circular.
3. The re-certification certificate and the adjusted certificate shall be sent to the certified entity, the General Department of Standardization, Metrology, and Quality Control, the District Bureau of Standardization, Metrology, and Quality Control where the certified entity conducts production or imports prepackaged goods, and posted on the General Department of Standardization, Metrology, and Quality Control’s electronic information portal.
4. The validity period of the re-certification certificate is five (05) years from the date of issuance. The validity period of the adjusted certificate shall be based on the remaining validity period of the previously issued certificate for the certified entity.
5. The retention of re-certification and adjusted certification files shall be applied in accordance with the provisions of Article 21 of this Circular.
1. The suspension of effectiveness of certification documents shall be applied to the following cases:
a) The certified entity fails to maintain the requirements stipulated in Article 10 and Article 11 of this Circular, causing serious consequences;
b) The certified entity requests the suspension of the scope of certification.
2. Depending on specific circumstances, the certifying authority shall issue a notice suspending the partial or full effectiveness of the issued certification document (hereinafter referred to as the suspension notice). The suspension period shall not exceed six (06) months from the date the suspension notice becomes effective.
3. The suspension notice shall be sent to the suspended entity, the General Department of Standardization, Metrology and Quality, the District Bureau of Standardization, Metrology and Quality where the suspended entity carries out production and importation of pre-packaged goods, and published on the website of the General Department of Standardization, Metrology and Quality.
4. During the suspension period and after completing the remediation of consequences, the suspended entity has the right to submit a request for revocation of the suspension notice directly or through postal service to the certifying authority. The dossier includes: A letter requesting revocation of the suspension notice; evidence proving completion of the remediation of consequences.
5. Depending on specific circumstances, the certifying authority shall decide to review the dossier or conduct an on-site inspection regarding the remediation of consequences and process the dossier in accordance with Article 18 of this Circular.
6. The notice of revocation of the suspension shall be sent to the certified entity, the General Department of Standardization, Metrology and Quality, or the District Bureau of Standardization, Metrology and Quality where the certified entity carries out production and importation of pre-packaged goods, and published on the website of the General Department of Standardization, Metrology and Quality.
7. The suspension notice, the notice of revocation of the suspension, and related dossiers shall be retained in accordance with Article 21 of this Circular.
1. The revocation of effectiveness of certification documents shall be applied to the following cases:
a) The entity seriously violates the provisions of Article 25 of this Circular;
b) The suspended entity fails to complete the remediation of consequences within the suspension period specified in the suspension notice;
c) The certified entity requests to cease using the measurement mark within the scope of certification;
d) The certified entity is declared bankrupt or dissolved in accordance with the provisions of the law.
2. Depending on specific circumstances, the certifying authority shall issue a decision to revoke the partial or full effectiveness of the issued certification document (referred to as the revocation decision).
3. The revocation decision shall be sent to the certified entity, the General Department of Standardization, Metrology and Quality, or the District Bureau of Standardization, Metrology and Quality where the certified entity carries out production and importation of pre-packaged goods, and published on the website of the General Department of Standardization, Metrology and Quality.
Chapter V
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS
Article 25. Responsibilities of Organizations and Individuals Producing, Importing, Circulating, and Trading Pre-Packaged Goods
1. Responsibilities of organizations and individuals producing and importing pre-packaged goods:
a) Maintain the requirements stipulated in Article 10 and Article 11 of this Circular;
b) Provide truthful information about the quantity of pre-packaged goods;
c) Inform customers and users about conditions that must be met when transporting, storing, preserving, and using pre-packaged goods;
d) Ensure the quantity of pre-packaged goods meets the technical measurement requirements set forth in this Circular;
đ) When receiving notifications from other organizations or individuals or self-discovering non-compliance of pre-packaged goods produced or imported by the entity with technical measurement requirements, the entity shall take corrective measures and promptly notify relevant state authorities responsible for measurement about the non-compliance, corrective measures, and results of the correction;
g) Comply with state inspections and measurements conducted by authorized agencies and persons;
2. Responsibilities of organizations and individuals circulating and trading pre-packaged goods:
a) Provide truthful information about the quantity of pre-packaged goods;
b) Inform customers and users about conditions that must be met when transporting, storing, preserving, and using pre-packaged goods;
c) Receive customer complaints about non-compliance of pre-packaged goods with technical measurement requirements and promptly inform the production and import entities;
đ) Comply with state inspections and measurements conducted by authorized agencies and persons.
Article 26. Responsibilities of the General Department of Standardization, Measurement and Quality
2. Issue guidelines on methods, means of assessment, procedures for on-site assessment teams, Vietnamese technical measurement documents, approve training programs, training materials and organize training on measurement evaluation skills for pre-packaged goods quantities.
3. Conduct state supervision on measurement for quantities of pre-packaged goods within the scope of responsibilities prescribed by laws on measurement.
4. Provide professional guidance on inspection and assessment of measurement for quantities of pre-packaged goods; disseminate and promote the provisions of this Circular to relevant organizations and individuals.
6. Conduct inspections, handle complaints and denunciations, and deal with violations related to measurement in accordance with the law.
Article 27. Responsibilities of Science and Technology Departments of provinces and centrally governed cities
1. Direct the Provincial/City Standardization, Measurement and Quality Control Agency to conduct state supervision on measurement for quantities of pre-packaged goods within the scope of responsibilities stipulated in Clause 3, Article 13 of Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain articles of the Law on Measurement, and as provided for in Circular No. 28/2013/TT-BKHCN dated December 17, 2013 of the Minister of Science and Technology on state supervision on measurement.
2. Direct inspections and supervision on the implementation of laws on measurement within their jurisdiction.
Article 28. Responsibilities of Provincial/City Standardization, Measurement and Quality Control Agencies
1. Promote and disseminate this Circular to relevant organizations and individuals.
3. Conduct state supervision on measurement for quantities of pre-packaged goods within their jurisdiction in accordance with laws on measurement.
4. Cooperate in conducting inspections, handling complaints and denunciations, and dealing with violations related to measurement in accordance with the law.
Chapter VI
IMPLEMENTING PROVISIONS
Article 29. Effective Date
1. This Circular takes effect from August 30, 2014.
2. The following legal normative documents shall be abolished:
a) Decision No. 02/2008/QĐ-BKHCN dated February 25, 2008 of the Minister of Science and Technology promulgating "Regulations on Measurement Supervision for Pre-Packaged Goods by Quantity."
b) Decision No. 07/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology promulgating "List of Pre-Packaged Goods Subject to State Supervision on Measurement."
Article 30. Implementation
1. The Director of the General Department of Standardization, Measurement and Quality is responsible for guiding and organizing the implementation of this Circular.
2. Heads of state agencies, organizations and individuals concerned are responsible for implementing this Circular.
3. In the process of implementation, if there are emerging issues or difficulties, they are requested to promptly reflect them in writing to the Ministry of Science and Technology for study, amendment and supplementation to ensure appropriateness./.
DEPUTY MINISTER
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