Circular No. 28/2013/TT-BKHCN on State Management of Metrology Inspection

CIRCULAR

Article 24stipulates state inspection on measurementg

___________

Pursuant to the Law on Measurement dated November 11, 2011;June 2024;ngày 11 năm 2011;

Pursuant to DecreeNo. 86/201Government Decree No. 2/2012/NĐ-CP dated October 19, 2012 detailing and guiding the implementation of certain provisions of the Law on Measurement;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Chính phủ quy định chi tiết và hướng dẫn thi hành một sốNo. điều của Luật Đo lường;

Pursuant to DecreeNo. Government Decree No. 20/2013/NĐ-CP dated February 26, 2013 on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;June 2024;nghị 02 năm 2013 của Chính phủ;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Minister of Science and Technology issues this Circular stipulating state inspection on measurement.

At the request of the Director General of the Standardization, Measurement, and Quality Control Department,

Article 1. This Circular stipulates state inspection on measurement including:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Inspection of measuring instruments, measurement methods, quantities of pre-packaged goods when imported, during production, on the market, or in use;

Article 2. Inspection of measuring instruments, measurement standards, radiation and nuclear measurement methods, inspection of activities related to calibration, verification, testing of radiation and nuclear measurement standards, inspection of special measurement activities within the defense and security sectors shall be regulated by other regulatory documents.

1. Inspecting entities.

Article 2. Applicability

2. Organizations and individuals importing, producing, circulating measuring instruments, pre-packaged goods on the market.

3. Organizations and individuals using measuring instruments, performing measurement methods.

4. Organizations designated to maintain national standards.

5. Organizations providing calibration, verification, testing services for measuring instruments, measurement standards.

6. Organizations designated for calibration, verification, testing of measuring instruments, measurement standards.

7. State agencies, organizations, and other relevant individuals.

Measurement standard

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. is a technical device used to express and maintain the unit of measurement of a measured quantity and is used as a reference to compare with other measuring instruments or measurement standards. Reference material

is a special type of measurement standard with a certain degree of uniformity and stability for one or more properties. Reference materials are used to calibrate, verify equipment, measuring instruments, evaluate measurement methods, or to determine the value of components, characteristics of materials or other substances. Measuring instrument

2. Measuring Device is a technical device used to perform measurements.

3. regime is the range of measurement values (from the smallest measurement value to the largest measurement value) of a measuring instrument as published by the manufacturer of the measuring instrument.

4. Measurement is a set of operations to determine the measurement value of a quantity to be measured.

5. Pre-packaged goods by quantity (hereinafter referred to as pre-packaged goods) are goods quantified according to units of mass, volume, length, area, or counted, packaged, and labeled with the quantity without the presence of the buyer.

6. Calibration is an activity to assess and confirm the metrological technical characteristics of measuring instruments according to metrological technical requirements.

7. Calibration is an activity to determine, establish the relationship between the measurement value of a measurement standard, measuring instrument, and the measurement value of a quantity to be measured.

8. - Search for insecticides is the determination of one or more metrological technical characteristics of measuring instruments, measurement standards.

9. Metrological technical requirements is a collection of regulations regarding the metrological technical characteristics of measurement standards, measuring instruments, measurement methods, or quantities of pre-packaged goods announced by organizations or individuals or prescribed by competent state authorities.

Article 10. Other terms are understood as provided for in Article 3 of the Law on Measurement.

Article 4. Forms of State Inspection on Measurement, Special Inspection Measures

1. Forms of State Inspection on Measurement

a) Regular inspection is conducted according to programs and plans approved by competent state management agencies for measurement.

b) Spot inspection is carried out when resolving disputes, complaints, reports, or when there are signs of violation of laws on measurement, or upon request from competent state agencies.

2. Special inspection is a specialized inspection measure using transportation means, equipment, and technical tools specifically designed for sampling and pre-inspection before presenting the inspection decision, as required by the competent state management agency for measurement.

Article 5. Methods of State Inspection on Measurement

1. State inspection on measurement is organized and implemented through inspection teams.

2. The inspection team is established by the head of the inspection agency in the State Inspection Decision on Measurement (according to Model 4. QĐKTĐL attached to this Circular).

3. The composition of the inspection team includes the team leader and members, with the number of members determined based on the content of the inspection and decided by the head of the inspection agency.

4. The team leader is a management officer from the inspection agency. The team leader is responsible for organizing and implementing the tasks of the team; assigning specific responsibilities to each member; being accountable for the results of the inspection; organizing the preparation of inspection records or administrative violation records as prescribed; reviewing files and records to submit to the agency issuing the inspection decision, transferring them to the competent authority or person for handling according to the law.

5. Members

a) Technical officers with expertise suitable for the field of measurement being inspected and tasked with technical measurement inspections;

b) Personnel from the inspection agency, individuals assigned the task of specialized inspection, scientific and technological inspectors, police officers, market regulators, or representatives from other organizations appointed to join the inspection team and perform tasks as assigned by the inspection team leader.

6. Members of the inspection team are responsible for the results of the inspection and handling according to their assignments and the provisions of the law.

7. The team leader and technical staff specified in Point a and personnel from the inspection agency specified in Point b of Clause 5 of this Article must have certificates of completion of training courses on State Inspection on Measurement organized by the General Department of Standardization, Metrology, and Quality Control.

Article 6. Handling Administrative Violations During State Inspection on Measurement

If administrative violations are discovered during the inspection process, they shall be handled as follows:

1. In cases where the inspection team does not include scientific and technological inspectors, individuals assigned the task of specialized inspection, police officers, market regulators, or persons with authority, the team leader shall prepare an administrative violation record (according to Model 11. BBVPHC attached to this Circular) and request the inspection agency to transfer the file and recommend it to the person with authority or competent state agency for handling according to the law on administrative violation handling.

The file transferred to the person with authority or competent state agency for handling administrative violations includes: The letter transferring the file from the inspection agency, the inspection decision, the inspection record, relevant documents and evidence of administrative violations (if any), and the administrative violation record.

2. In cases where the inspection team includes scientific and technological inspectors, individuals assigned the task of specialized inspection, police officers, market regulators, or persons with authority, these members shall prepare the administrative violation record and handle it according to the law.

3. Persons with authority or competent state agencies handling administrative violations are responsible for examining and handling according to the law. The administrative penalty decision is sent to the inspection agency for coordination.

Chapter II
INSPECTION ON IMPORTATION

Article 7. Objects for inspection upon importation

1. Measuring instruments must have their models approved as specified in Circular No. 23/2013/TT-BKHCN dated September 26, 2013, issued by the Minister of Science and Technology regarding metrology for measuring instruments group 2 (referred to as measuring instruments group 2 requiring model approval).

2. Pre-packaged goods belonging to the list of pre-packaged goods group 2 as stipulated in the Circular of the Minister of Science and Technology on metrology for quantities of pre-packaged goods (referred to as pre-packaged goods group 2).

3. Measuring instruments and pre-packaged goods falling under any of the following circumstances:

a) There is a notification from the market inspection authority or the user authority about non-compliance with technical metrological requirements and a request to strengthen inspection upon importation.

b) At the request of the state management authority on metrology.

c) Information or warnings from domestic or foreign organizations or individuals about measuring instruments or pre-packaged goods not meeting technical metrological requirements and posing a risk of infringing upon the legitimate rights and interests of other organizations or individuals.

d) Survey results on metrology for measuring instruments and pre-packaged goods in the market or during use revealing non-compliance with technical metrological requirements as prescribed.

Article 8. Exemption from Inspection Upon Importation

Exemption from inspection upon importation applies to measuring instruments and pre-packaged goods as follows: Personal luggage, diplomatic goods, exhibition fair goods, gifts; goods, materials, equipment temporarily imported for re-export; goods in transit; goods stored in bonded warehouses; goods processed by Vietnamese enterprises for foreign traders; materials, equipment, machinery imported for investment projects; goods in fields of national secrets and other types of goods not intended for business purposes as prescribed by law.

Article 9. Inspection and Clearance of Measuring Instruments Group 2 Requiring Model Approval and Quantities of Pre-Packaged Goods Group 2 as Specified in Clause 1 and Clause 2 of Article 7 of this Circular

1. For measuring instruments group 2 requiring model approval

a) The Customs Authority shall only allow clearance when the organization or individual (hereinafter referred to as the entity) importing such measuring instruments has a decision approving the model of the measuring instrument issued by the General Department of Standardization, Metrology and Quality Control.

b) In cases where measuring instruments are imported for testing purposes to serve model approval, the Customs Authority shall only allow temporary clearance when the entity importing such measuring instruments has a document from the General Department of Standardization, Metrology and Quality Control stating "the application for model approval of the measuring instrument has been received." The Customs Authority shall only process formal clearance procedures when the measuring instrument meets the requirements stipulated in Point a of Clause 1 of this Article.

2. For quantities of pre-packaged goods group 2

a) The Customs Authority shall only allow clearance when the pre-packaged goods bear the quantity marking as prescribed on the label of the pre-packaged goods issued by the General Department of Standardization, Metrology and Quality Control or the Provincial or Municipal Branch of Standardization, Metrology and Quality Control (referred to as the Branch of Standardization, Metrology and Quality Control).

b) In cases where pre-packaged goods are imported for evaluation purposes to serve the issuance of a certificate of eligibility to use quantity markings on the labels of pre-packaged goods by the competent state metrology authority, the pre-packaged goods shall only be allowed temporary clearance by the Customs Authority when there is a document from the General Department of Standardization, Metrology and Quality Control or the Branch of Standardization, Metrology and Quality Control stating "the application for a certificate of eligibility to use quantity markings on the labels of pre-packaged goods has been received." The Customs Authority shall only process formal clearance procedures when the pre-packaged goods meet the requirements stipulated in Point a of Clause 2 of this Article.

3. In cases where the Customs Authority allows temporary clearance before inspection or measuring instruments are imported for testing purposes to serve model approval, the importing entity shall not be permitted to put the measuring instruments or pre-packaged goods into circulation in the market or for use.

4. In cases where non-compliance is discovered, the handling shall be carried out according to the provisions of Article 11 of this Circular.

Article 10. Inspection and clearance of measuring instruments and quantities of pre-packaged goods as prescribed in Clause 3, Article 7 of this Circular

1. Inspection authority

a) The General Department of Standardization, Measurement and Quality;

b) Local Standardization, Measurement and Quality Control Agency at the place where the measuring instruments and pre-packaged goods are imported.

2. For measuring instruments

a) Measuring instruments shall only be cleared when they have a notification of the State inspection result on measurement (Form 3. TBKQKT attached to this Circular) with the conclusion "Meets technical measurement requirements" issued by the inspection authority to the importing entity;

b) The Customs Authority shall only allow temporary clearance before inspection when the measuring instrument has a receipt for acceptance of the registration dossier for State inspection on measurement (Form 2. PTNHSĐK attached to this Circular). The Customs Authority shall only process formal clearance procedures when the measuring instrument meets the requirements stipulated in Point a, Clause 1 of this Article.

3. For quantities of pre-packaged goods

a) Pre-packaged goods shall only be cleared by the Customs Authority when they have a notification of the State inspection result on measurement (Form 3. TBKQKT attached to this Circular) with the conclusion "Meets technical measurement requirements" issued by the inspection authority to the importing entity;

b) The Customs Authority shall only allow temporary clearance before inspection when the pre-packaged goods have a receipt for acceptance of the registration dossier for State inspection on measurement (Form 2. PTNHSĐK attached to this Circular). The Customs Authority shall only process formal clearance procedures when the pre-packaged goods meet the requirements stipulated in Point a, Clause 2 of this Article.

4. In cases where the Customs Authority allows temporary clearance before inspection for measuring instruments and pre-packaged goods, the importing entity shall not be permitted to put such measuring instruments and pre-packaged goods into circulation or use on the market.

5. Procedures for registering inspection upon importation, issuing receipts for acceptance of the registration dossier for State inspection on measurement, and issuing notifications of the State inspection result on measurement for measuring instruments and quantities of pre-packaged goods as prescribed in Clauses 2 and 3 shall be carried out according to the provisions of Clause 6 of this Article.

6. Inspection procedures

a) Registration dossier for inspection upon importation

The importing entity shall prepare one (01) set of the registration dossier for inspection upon importation and submit it directly to the inspection authority's office. The dossier includes:

- Certificate of "State Inspection Registration on Measurement" (Form 1. ĐKKT attached to this Circular);

- Original or certified true copy for comparison: Contract, declaration of imported goods; packing list; certificate of origin (C/O) (if available); technical description of the measuring instrument (in English or Vietnamese or both languages) (in case of importing measuring instruments).

b) Processing the registration dossier

- The inspection authority shall issue a receipt for acceptance of the registration dossier for State inspection on measurement (Form 2. PTNHSĐK attached to this Circular); record in the registration book and sign and stamp the registration form of the importing entity;

- In cases where the registration dossier is incomplete or invalid, the inspection authority shall confirm the incomplete or invalid items in the receipt for acceptance of the registration dossier for State inspection on measurement and request the importing entity to supplement and complete the dossier within five (05) working days. If the dossier is still not completed within the above period, the importing entity must send a written notice to the inspection authority detailing the reasons and completion time. Subsequent inspection steps can only be carried out after the importing entity has completed the dossier fully;

- In cases where the dossier is complete and valid, within three (03) working days from the date of receiving the complete and valid dossier, the inspection authority shall notify the importing entity in writing about the inspection of measuring instruments and quantities of pre-packaged goods upon importation;

- Within ten (10) working days from the date the importing entity receives the notification, the inspection authority must complete the inspection and issue a notification of the State inspection result on measurement (Form 3. TBKQKT attached to this Circular) to the importing entity.

c) Content of inspection

c.1) Content of inspection for measuring instruments includes:

- Checking the conformity of the measuring instrument with the basic technical measurement requirements displayed on the measuring instrument or on the product label, accompanying documentation;

- Checking the conformity of the measuring instrument with transportation, storage, and preservation conditions;

- Checking the conformity of the measuring instrument with technical measurement requirements.

c.2) Content of inspection for quantities of pre-packaged goods includes:

- Checking the quantity marking on the product label of pre-packaged goods;

- Checking the actual quantity of goods.

d) The inspection authority shall conduct technical measurement inspections according to the following procedures:

- Requesting the entity to provide relevant documents related to transportation, storage, usage conditions, and technical measurement requirements of the measuring instruments and quantities of pre-packaged goods being inspected;

- Conducting observation and inspection based on the entity's documents and State management regulations on measurement according to the technical measurement requirements for measuring instruments and quantities of pre-packaged goods;

- Conducting inspection according to the measurement requirements for quantities of pre-packaged goods based on the sampling method and evaluation method for quantities of pre-packaged goods as stipulated in the Circular regulating measurement for quantities of pre-packaged goods;

- Based on the technical measurement requirements of the measuring instrument, the inspection authority decides on the specific measurement level and measurement requirements of the measuring instrument and organizes the inspection;

- Issuing a notification of the State inspection result on measurement (Form 3. TBKQKT attached to this Circular) to the importing entity and the Customs Authority;

- In cases where non-conformities are discovered, the handling shall be carried out according to the provisions of Article 11 of this Circular.

Article 11. Handling during import inspection for cases not in compliance with regulations

1. In the case where measuring instruments imported for testing to serve the approval of sample models as stipulated in Point b Clause 1 Article 9 of this Circular have test results that do not meet technical measurement requirements, the National Standard Measurement Quality Agency shall notify in writing with the conclusion "does not meet technical measurement requirements" to the importing entity and customs authority.

2. In the case where the inspection results at Point d Clause 6 Article 10 of this Circular do not meet technical measurement requirements, the inspection agency shall send the state measurement inspection result notification with the conclusion "does not meet technical measurement requirements" to the importing entity and customs authority.

3. The importing entity shall be responsible for selecting measures to rectify the situation or re-export the measuring instruments and pre-packaged goods, and report to the customs authority and inspection agency. If the importing entity implements corrective measures, the inspection agency shall oversee the post-correction inspection and notify the customs authority to proceed with clearance procedures.

4. The customs authority shall only allow clearance when the imported measuring instruments and quantities of pre-packaged goods comply with regulatory requirements.

Chapter III
INSPECTION DURING PRODUCTION

Article 12. Inspection objects during production

1. Measuring instruments in production.

2. Quantities of pre-packaged goods in production.

Article 13. Leading inspection agencies during production

1. The National Standard Measurement Quality Agency shall lead spot inspections of measuring instruments and quantities of pre-packaged goods in production nationwide.

2. The Local Standard Measurement Quality Agency shall lead inspections of measuring instruments and quantities of pre-packaged goods in production within their respective local areas.

Article 14. Content of inspection during production

1. Inspection of the implementation of technical measurement requirements and management measures by the state regarding the production of measuring instruments and pre-packaged goods, including:

a) Inspection of the establishment and publication of technical measurement requirements (for Group 1 measuring instruments); approval sample file retention (for measuring instruments required to undergo sample approval according to regulations); certification file retention for pre-packaged goods group 2 meeting the conditions to use quantity marks on labels; quality management system documentation compliant with standards; inspection of the implementation of state management measures in production as prescribed by competent authorities;

b) Inspection of labeling; display of approval mark (for measuring instruments required to bear the approval mark according to regulations); display of quantity marks (for pre-packaged goods group 2); user guide documentation, storage, transportation, and other accompanying documents for measuring instruments and pre-packaged goods requiring inspection;

c) Inspection of maintaining conditions for using quantity marks on pre-packaged goods labels (for entities certified to use quantity marks on pre-packaged goods labels);

d) Inspection of maintaining conditions prescribed for measuring instrument manufacturing facilities.

2. Inspection of production process control work related to the formation and maintenance of technical measurement requirements for measuring instruments and quantities of pre-packaged goods, including:

a) Inspection of technical files of measuring instruments and pre-packaged goods (design documents, technical standards of measuring instruments and pre-packaged goods);

b) Inspection of the entire production process or one of its stages (from input, through intermediate stages until the formation of measuring instruments and quantities of pre-packaged goods, including packaging, handling, warehousing, and transportation processes);

c) Inspection of raw material quality (according to published standards, corresponding technical measurement requirements, use of prohibited materials, raw materials capable of causing safety risks to people, animals, plants, property, and the environment);

d) Inspection of the implementation of equipment technology and measurement, inspection, and testing requirements;

đ) Inspection of worker and technical staff capability files as required;

e) Other necessary technical contents.

3. Inspection of the conformity of measuring instruments and quantities of pre-packaged goods with measurement requirements.

Article 15. Procedure and process for inspection

1. The inspection team shall present the inspection decision before conducting the inspection.

2. Inspection shall be carried out according to the contents specified in the inspection decision.

3. Technical measurement inspection procedures shall be conducted as follows:

a) The inspection team requests the inspected entity to provide relevant files and documents related to the inspection content.

b) Based on the entity's files and documents and state management regulations on measurement, the inspection team conducts observations and inspections in accordance with the requirements stipulated in Clause 1 and Clause 2 of Article 14 of this Circular.

c) The verification of measuring instruments' compliance with measurement requirements as prescribed in Clause 3 of Article 14 of this Circular shall be carried out as follows:

- The head of the inspection team decides on selecting measurement levels, specific technical measurement requirements of the measuring instrument, and organizes the inspection.

- The number of measurement levels, measurement values, and specific technical measurement requirements selected must ensure the ability to detect non-compliance of the measuring instrument with measurement requirements.

d) The verification of pre-packaged goods' quantity compliance with measurement requirements as prescribed in Clause 3 of Article 14 of this Circular shall be carried out as follows:

Based on the provisions regarding sampling methods and quantity evaluation methods for pre-packaged goods in the Circular on measurement for pre-packaged goods quantities, the head of the inspection team decides on sampling and organizes the inspection.

4. In case non-compliance is discovered, an inspection record (Model 5. BBKT attached to this Circular) shall be established and handled in accordance with the provisions of Article 16 of this Circular.

Article 16. Handling during the inspection process in production

1. During the inspection process in production, if non-compliance with regulations is found in measuring instruments, pre-packaged goods quantities, or related production process requirements, handling shall be carried out as follows:

a) The inspection team requires the measuring instrument and pre-packaged goods production entity to temporarily halt production of those measuring instruments and pre-packaged goods and implement corrective measures within the time limit recorded in the record.

b) Within three (03) working days, the inspection team must report to the main inspection authority so that the main inspection authority issues a notice to temporarily suspend non-compliant measurement activities (Model 6. TBTDHĐ attached to this Circular) and handle it within its jurisdiction; the suspension period noted in the non-compliant measurement activity suspension notice starts from the date of signing the inspection record.

c) The main inspection authority only issues a notice allowing continued measurement activities (Model 7. TBTTHĐ attached to this Circular) when the suspended entity has completed corrective measures to meet requirements and reported in writing along with evidence to the main inspection authority.

2. During the inspection process in production, if serious violations of laws are discovered or after requesting the implementation of corrective measures as stipulated in Point a of Clause 1 of this Article, the entity continues to violate or exceeds the suspension period noted in the non-compliant measurement activity suspension notice as stipulated in Point b of Clause 1 of this Article without completing corrective measures, then handling shall be carried out as follows depending on the severity of the violation and the scale of impact:

a) The inspection team or the main inspection authority requires the entity to immediately cease the violation.

b) The head of the inspection team or a representative of the main inspection authority establishes a sealing record (Model 8. BBNP attached to this Circular) and organizes sealing (sealing label Model 9. TNP attached to this Circular) of the measuring instruments, pre-packaged goods, and equipment used for non-compliant measurement activities. If the inspected entity's representative does not sign the record, the head of the inspection team or a representative of the main inspection authority shall clearly note in the record "the entity's representative did not sign the record." The record signed by the head of the inspection team or a representative of the main inspection authority still has legal validity. Within three (03) working days, the main inspection authority issues a notice to suspend non-compliant measurement activities (Model 6. TBTDHĐ attached to this Circular).

c) The main inspection authority publicly announces the name of the violating entity, the name of the violation, and the location of the violation on local or central mass media (Model 10. TBTTĐC attached to this Circular). At the same time, the main inspection authority transfers the file and recommends the competent authority or state agency with jurisdiction to handle it in accordance with the law.

d) Administrative violation handling shall be carried out in accordance with the law.

Chapter IV
INSPECTION IN THE MARKET AND IN USE

Article 17. Objects to be inspected on the market and in use

1. Measuring instruments when circulating on the market or in use.

2. Measurement processes.

3. Quantities of pre-packaged goods when circulating on the market.

Article 18. Authorities responsible for and cooperating in inspections on the market and in use

1. The General Department of Standardization, Metrology and Quality Management shall be responsible for conducting surprise inspections of measuring instruments, measurement processes, and quantities of pre-packaged goods nationwide according to the inspection contents stipulated in Clause 1, Clause 2, and Clause 3 of Article 19 of this Circular.

2. The Standardization, Metrology and Quality Management Branches shall be responsible for conducting inspections of measuring instruments, measurement processes, and quantities of pre-packaged goods within their local jurisdictions according to the inspection contents stipulated in Clause 1, Clause 2, and Clause 3 of Article 19 of this Circular.

3. The People's Committees at the district level shall be responsible for conducting inspections of measuring instruments, measurement processes, and quantities of pre-packaged goods at markets, shopping centers, wholesale and retail sales points within their jurisdictions according to the inspection contents stipulated in Point a Clause 1, Point d Clause 2, and Point a Clause 3 of Article 19 of this Circular.

4. The People's Committees at the commune level shall be responsible for inspecting measurement processes at markets, shopping centers, wholesale and retail sales points within their jurisdictions according to the inspection contents stipulated in Point d Clause 2 of Article 19 and the procedures and formalities stipulated in Subsection b.2 Point b Clause 4, Clause 5 of Article 20 of this Circular.

5. Authorities with jurisdiction, organizations, and individuals related shall be responsible for coordinating with the authorities responsible for inspections as stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article to carry out inspections on the market and in use.

Article 19. Contents of Inspections on the Market and in Use

1. Inspection contents for measuring instruments include:

a) Checking the compliance of measuring instruments with regulations on type approval, verification, and calibration;

b) Checking the compliance of measuring instruments with requirements for displaying basic metrological technical specifications on the measuring instrument or on product labels or accompanying documentation;

c) Checking the compliance of measuring instruments with transportation, storage, and retention conditions;

d) Checking the compliance of measuring instruments with metrological technical requirements published by the manufacturing or importing entity (for Group 1 measuring instruments) or issued by the General Department of Standardization, Metrology and Quality Management (for Group 2 measuring instruments);

2. Inspection contents for measurement processes include:

a) Checking and determining the compliance of the measuring instruments, measurement methods used, and measurement conditions with metrological technical requirements;

b) Checking the training certificates required for persons performing measurement processes;

c) Checking the implementation of conditions prescribed for relevant parties to supervise and inspect the performance of measurement processes, measurement methods, measuring instruments, and quantities of goods;

d) Checking the deviation of the measurement process results from permissible limits;

đ) The permissible deviation limit of the measurement process result is determined based on the maximum permissible deviation of the measuring instrument used to perform the measurement process;

e) The General Department of Standardization, Metrology and Quality Management shall provide detailed guidance on Clause 2 of this Article.

3. Inspection contents for quantities of pre-packaged goods include:

a) Checking the compliance of the quantity of pre-packaged goods indicated on product labels with prescribed requirements;

b) Checking the compliance of the indication of the quantity mark with prescribed requirements (for Group 2 pre-packaged goods);

c) Checking the compliance of the actual quantity of goods with prescribed requirements.

Article 20. Procedure and process for market inspections and during use

1. The inspection team shall present the inspection decision before conducting the inspection. In cases of special inspections as stipulated in Chapter VI of this Circular, the inspection team may take samples for inspection before presenting the inspection decision.

2. Conduct inspections on objects and contents specified in the inspection decision.

3. The inspection team requests the inspected entity to provide documents related to transportation, storage, retention, usage conditions, and technical measurement requirements of measuring instruments and pre-packaged goods that need to be inspected.

4. Based on the documents provided by the inspected entity and state management regulations on measurement, the inspection team conducts technical measurement inspections according to the following procedures and processes:

a) For measuring instruments

- Conduct observations and inspections of the contents prescribed in Points a, b, and c of Clause 1, Article 19 of this Circular;

- Inspect the content prescribed in Point d of Clause 1, Article 19 of this Circular: The head of the inspection team decides on the measurement levels and specific technical measurement requirements of the measuring instrument; the selected number of measurement levels, measurement values, and specific technical measurement requirements must ensure they fall within the most frequently used range of the measuring instrument or have the ability to detect non-compliance with technical measurement requirements.

b) For measurements

b.1) Conduct inspections of the contents prescribed in Points a, b, and c of Clause 2, Article 19 of this Circular;

b.2) Inspect the measurement errors of the measurement results as prescribed in Point d of Clause 2, Article 19 of this Circular: The head of the inspection team decides on the quantity and value of goods and services to be measured for inspection; the selected quantity of goods and services must ensure they fall within the most frequently measured range for customers or have the ability to detect non-compliance with measurement error requirements.

c) For quantities of pre-packaged goods

- Conduct observations and inspections of the contents prescribed in Points a and b of Clause 3, Article 19 of this Circular;

- Inspect the content prescribed in Point c of Clause 3, Article 19 of this Circular: Based on the provisions regarding sampling methods and evaluation methods for quantities of pre-packaged goods in the Circular on measurement for quantities of pre-packaged goods, the head of the inspection team decides on sampling and organizes the inspection.

5. In case of detecting non-compliance, a measurement inspection record (Model 5. BBKT attached to this Circular) shall be established and handled according to the provisions of Article 21 of this Circular.

Article 21. Handling during market inspections and during use

1. During market inspections and during use, if non-compliant measuring instruments, measurements, or quantities of pre-packaged goods are detected, handling shall be carried out as follows depending on the degree of non-compliance and the scope of impact:

a) The inspection team requires the business entity selling measuring instruments or pre-packaged goods to temporarily stop selling such measuring instruments or pre-packaged goods and actively cooperate with the production or import entities to implement corrective measures within the time limit recorded in the record;

b) The inspection team requires the entity using measuring instruments or performing measurements to temporarily stop using such measuring instruments or performing such measurements and implement corrective measures within the time limit recorded in the record;

Within three (03) working days, the inspection team must report to the supervising authority to issue a notice to temporarily suspend non-compliant measurement activities (Model 6. TBTDHĐ attached to this Circular) and handle it according to its authority; the suspension period recorded in the notice to temporarily suspend non-compliant measurement activities starts from the date of signing the inspection record;

c) The supervising authority issues a notice allowing continued measurement activities (Model 7. TBTTHĐ attached to this Circular) when the entity suspended from measurement activities has completed corrective measures and reported in writing along with evidence to the inspection authority;

d) Handle according to the provisions of Clause 2 of this Article.

2. During market inspections and during use, if serious violations of laws are discovered or after requesting the implementation of measures as stipulated in Clause 1 of this Article, the entity continues to violate or exceeds the suspension period recorded in the notice to temporarily suspend non-compliant measurement activities as stipulated in Point c of Clause 1 of this Article without completing corrective measures, handling shall be carried out as follows depending on the degree of violation and the scope of impact:

a) The inspection team or the supervising authority requests the entity to immediately cease the violation;

b) The head of the inspection team or representative of the supervising authority establishes a sealing record (Model 8. BBNP attached to this Circular) and organizes sealing (sealing label Model 9. TNP attached to this Circular) of the non-compliant measuring instruments, measurement standards, pre-packaged goods, and equipment used for non-compliant measurement activities. If the representative of the inspected entity does not sign the record, the head of the inspection team or representative of the supervising authority records in the record "representative of the inspected entity did not sign the record." The record signed by the head of the inspection team or representative of the supervising authority still has legal validity. Within three (03) working days, the supervising authority issues a notice to suspend non-compliant measurement activities (Model 6. TBTDHĐ attached to this Circular);

c) The main inspection authority publicly announces the name of the violating entity, the name of the violation, and the location of the violation on local or central mass media (Model 10. TBTTĐC attached to this Circular). At the same time, the main inspection authority transfers the file and recommends the competent authority or state agency with jurisdiction to handle it in accordance with the law.

d) Administrative violation handling is carried out according to the provisions of the law.

4. In case of market inspections or usage checks, if measuring instruments or the quantity of pre-packaged domestically produced goods are found to be non-compliant with legal measurement regulations, the inspection authority shall handle the matter within its jurisdiction and review and inspect production; if these measuring instruments or pre-packaged goods are produced in another locality, it shall notify in writing the Standard Measurement Quality Control General Department and the inspection authority in the locality where the production takes place for review and inspection of production; the production inspection shall be conducted according to the provisions of Chapter III of this Circular.

5. In case of market inspections or usage checks, if calibration, verification, or testing activities are found to be non-compliant with legal measurement regulations, the inspection authority shall handle the matter within its jurisdiction and conduct surprise inspections of those calibration, verification, or testing activities; if these activities are carried out by a calibration, verification, or testing organization registered with a main office address in another locality, it shall notify in writing the Standard Measurement Quality Control General Department and the inspection authority in the locality where the calibration, verification, or testing organization is registered with a main office address to review and inspect the calibration, verification, or testing activities of that organization; the inspection of calibration, verification, or testing activities shall be conducted according to the provisions of Chapter V of this Circular.

Chapter V
INSPECTION OF CALIBRATION, VERIFICATION, AND TESTING ACTIVITIES

Article 22. Inspection Objectives

1. Activities related to maintaining, preserving, and using national standards.

2. Calibration, verification, and testing activities of measuring instruments and measurement standards.

Article 23. Authorities Responsible for Inspecting Calibration, Verification, and Testing Activities

1. The Standard Measurement Quality Control General Department is responsible for leading the inspection of measurement activities specified in Article 22 of this Circular.

2. The Standard Measurement Quality Control Agency leads surprise inspections of measurement activities specified in Clause 2, Article 22 of this Circular in their respective localities.

Article 24. Contents of Inspection of Calibration, Verification, and Testing Activities

1. The contents of inspection for activities related to maintaining, preserving, and using national standards include:

a) Checking the conditions for the operation of organizations designated to maintain national standards as prescribed;

b) Checking the implementation of regulations on maintaining, preserving, and using national standards at organizations designated to maintain national standards;

c) Checking the implementation of calibration or comparison of national standards with international standards or with foreign national standards that have been calibrated or compared with international standards;

d) Checking the implementation of calibration or comparison to transmit the accuracy of national standards to lower accuracy measurement standards.

2. The contents of inspection for calibration, verification, and testing activities include:

a) In cases where the location of calibration, verification, or testing activities differs from the main office address of the calibration, verification, or testing organization, the inspection shall be conducted with the following contents:

- Checking the conformity of primary standards, working standards, and other technical material conditions with prescribed requirements;

- Checking the conformity of calibration, verification, or testing personnel with prescribed requirements;

- Checking compliance with the procedures for calibrating, verifying, or testing measuring instruments and measurement standards.

b) In cases where the location of calibration, verification, or testing activities coincides with the main office address of the calibration, verification, or testing organization, the inspection shall be conducted with the following contents:

- Checking the implementation of service provision registration for calibration, verification, or testing or application for designation to carry out calibration, verification, or testing activities;

- Checking the retention of registration certificate files (for service providers of calibration, verification, or testing), designation files, verification officer certification files, and measurement standard certification files retained (for designated calibration, verification, or testing organizations);

- Checking the contents prescribed in Point a, Clause 2, of this Article;

- Checking the assurance of other conditions as stipulated in the regulations on the conditions for conducting calibration, verification, or testing activities;

- Checking the conformity of implemented calibration, verification, or testing activities with the registered or designated fields and other legal measurement regulations.

Article 25. Procedure and formalities for inspecting calibration, verification, and testing activities

1. The inspection team shall present the inspection decision before conducting the inspection. In cases of special inspections as stipulated in Chapter VI of this Circular, the inspection team may conduct necessary technical and operational content inspections prior to presenting the inspection decision.

2. Inspection shall be carried out according to the contents specified in the inspection decision.

3. Inspection procedure, formalities, and technical and operational methods:

a) The inspection team requests the entity to provide relevant files and documents related to the maintenance, preservation, and use of national standards, as well as calibration, verification, and testing activities that need to be inspected;

b) Based on the entity's files and documents and state management regulations on measurement, the inspection team conducts observations and inspections according to the prescribed requirements;

c) Technical and operational inspection methods

- Apply the evaluation method and evaluation procedures set forth in Circular No. 14/2013/TT-BKHCN dated July 12, 2013, issued by the Minister of Science and Technology, regarding metrology for national standards to inspect the maintenance, preservation, and use of national standards;

- Apply the evaluation method and evaluation procedures set forth in Circular No. 24/2013/TT-BKHCN dated September 30, 2013, issued by the Minister of Science and Technology, regarding calibration, verification, and testing activities of measuring instruments and metrological standards to inspect calibration, verification, and testing activities.

4. If non-conformities are discovered, a measurement inspection report (in accordance with Model 5. BBKT attached to this Circular) shall be prepared, and handled in accordance with Article 26 of this Circular.

Article 26. Handling during the inspection of calibration, verification, and testing activities

1. During the inspection of the maintenance, preservation, and use of national standards, if non-conformities with prescribed requirements are found, handling shall be carried out as follows:

a) The inspection team requires the organization designated to maintain national standards to temporarily stop using those standards and take proactive measures to rectify the situation within the time limit recorded in the measurement inspection report;

b) Within three (03) working days, the inspection team must report to the National Standard Metrology Quality Control Agency so that the agency can handle the matter in accordance with metrology regulations for national standards;

c) In case of administrative violations, the handling of such violations shall be carried out in accordance with the provisions of the law.

2. During the inspection of calibration, verification, and testing activities, if non-conformities with prescribed requirements are found, handling shall be carried out as follows:

a) The inspection team requires calibration, verification, and testing personnel and organizations to temporarily halt the relevant calibration, verification, and testing activities, while the calibration, verification, and testing organization must proactively take corrective measures within the time limit recorded in the measurement inspection report;

b) Within three (03) working days, the inspection team must report to the main inspection authority to issue a notice temporarily halting non-compliant measurement activities (in accordance with Model 6. TBTDHĐ attached to this Circular) and handle the matter within its jurisdiction; the suspension period specified in the notice of temporary cessation of non-compliant measurement activities starts from the date of signing the measurement inspection report.

Calibration, verification, and testing organizations may only resume their activities once they have corrected and repaired in accordance with the requirements of the inspection team and reported the corrections and repairs in writing to the main inspection authority.

3. In cases where calibration, verification, and testing personnel or organizations are found to have committed serious violations of the law, or continue to violate after being required to implement the measures stipulated in Clause 2 of this Article, or fail to complete the corrective measures within the suspension period specified in the notice of temporary cessation of non-compliant measurement activities as stipulated in Point b of Clause 2 of this Article, handling shall be carried out as follows depending on the severity of the violation and the scope of impact:

a) The inspection team or the main inspection authority requires calibration, verification, and testing personnel and organizations to immediately cease the violation;

b) The head of the inspection team or a representative of the main inspection authority prepares a sealing record (in accordance with Model 8. BBNP attached to this Circular) and organizes sealing (sealing label in accordance with Model 9. TNP attached to this Circular) of the non-compliant metrological standards and equipment for calibration, verification, and testing. If the calibration, verification, and testing personnel or representatives of the organization being inspected do not sign the record, the head of the inspection team or a representative of the main inspection authority shall note in the record "representative of the entity did not sign the record." The record signed by the head of the inspection team or a representative of the main inspection authority remains legally valid. Within three (03) working days, the main inspection authority issues a notice temporarily halting non-compliant measurement activities;

c) Within three (03) working days, the inspection team or the main inspection authority transfers the inspection file to the National Standard Metrology Quality Control Agency for it to handle the matter in accordance with the law on metrology.

The file transferred to the National Standard Metrology Quality Control Agency includes: Inspection decision; inspection record; relevant papers and evidence confirming non-compliant calibration, verification, and testing activities; sealing record; notice of temporary cessation of calibration, verification, and testing activities; administrative violation record; letter from the main inspection authority requesting the National Standard Metrology Quality Control Agency to handle the matter in accordance with the law on metrology.

The National Standard Metrology Quality Control Agency handles the matter in accordance with the regulations and notifies the results of the handling to the main inspection authority for coordination.

d) Administrative violation handling shall be carried out in accordance with the law.

Chapter VI
SPECIAL INSPECTION

Article 27. Special inspection objects

1. Measuring instruments used to measure petroleum products.

2. Petroleum product measurements.

3. Calibration, verification, and testing activities.

4. Based on state management requirements for measurement at different periods, the Minister of Science and Technology shall decide on special inspection objects.

Article 28. Authorities organizing special inspections

1. The Ministry of Science and Technology, based on national state management requirements for measurement and recommendations from the General Department of Standardization, Metrology and Quality, relevant ministries, ministerial-level agencies, and provincial People's Committees, shall organize nationwide special inspections.

2. Provincial People's Committees, based on local state management requirements for measurement, recommendations from the Provincial Standardization, Metrology and Quality Control Branch under the Provincial Department of Science and Technology, and other organizations, entities, and individuals within their jurisdiction, shall organize local special inspections.

Article 29. Authorities primarily responsible for conducting special inspections

1. The Provincial Standardization, Metrology and Quality Control Branch shall primarily conduct special inspections for measuring instruments used to measure petroleum products and petroleum product measurements within their local area.

2. The General Department of Standardization, Metrology and Quality shall primarily conduct special inspections for measuring instruments used to measure petroleum products, petroleum product measurements, calibration, verification, and testing activities nationwide.

Article 30. Content of special inspections

The authority primarily responsible for conducting special inspections shall base the content of special inspections on the assigned inspection objects and scope, deciding on corresponding inspection contents according to the type of inspection (inspection during use or inspection of calibration, verification, and testing activities) stipulated in Chapters IV or V of this Circular.

Article 31. Special inspection equipment

1. Special inspection equipment includes transportation means, equipment, and specialized technical tools used for sample collection and inspection.

2. Transportation means, equipment, and specialized technical tools specified in Clause 1 of this Article shall be equipped and used in accordance with technical guidance from the General Department of Standardization, Metrology and Quality and manufacturers or importers.

3. In cases where specialized transportation means for special inspections need to be modified or disguised to suit the inspection purpose, such modifications or disguises shall be carried out in accordance with Circular No. 29/2012/TT-BGTVT dated July 30, 2012, issued by the Minister of Transport regarding the modification of road motor vehicles and other relevant laws.

Article 32. Procedures and formalities for special inspections

1. Inspection teams using special inspection equipment shall collect samples and inspect before presenting the inspection decision. The state measurement inspection decision must clearly indicate the special inspection regime.

2. Subsequent inspection steps shall be carried out according to procedures and formalities corresponding to the type of inspection (inspection during use or inspection of calibration, verification, and testing activities) stipulated in Chapters IV or V of this Circular.

3. Inspection results obtained through the use of special inspection equipment serve as legal grounds for handling violations related to measurement by organizations and individuals.

4. Handling of violations during special inspections shall be conducted according to regulations for handling violations during inspections corresponding to the type of inspection (inspection during use or inspection of calibration, verification, and testing activities) stipulated in Chapters IV or V of this Circular.

Article 33. Equipping, maintaining, and using special inspection equipment and sampling for special inspections

1. The equipping of transportation means, equipment, and specialized technical tools for conducting special inspections shall be carried out according to tasks and projects approved by competent authorities. The agency conducting special inspections shall implement strictly in accordance with the current state regulations on tendering and procurement procedures.

2. The management and use of transportation means, equipment, and specialized technical tools for conducting special inspections shall be implemented in accordance with the laws on state asset management.

3. The budget for equipping, maintaining, and using transportation means, equipment, and specialized technical tools for conducting special inspections shall be allocated in the annual state budget estimate of the Ministry of Science and Technology and People's Committees of provinces and centrally governed cities.

4. The budget for sampling for special inspections shall be implemented in accordance with Article 18 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 Metrology, and applied in accordance with Circular Joint No. 28/2010/TTLT-BTC-BKHCN dated March 3, 2010, of the Ministry of Finance and the Ministry of Science and Technology guiding the management and use of funds for national quality control activities. The budget for sampling for special inspections shall be assigned annually or urgently for special tasks to the agency conducting special inspections.

Chapter VII
RESPONSIBILITIES OF STATE AGENCIES, ORGANIZATIONS, AND INDIVIDUALS

Article 34. Responsibilities of the General Department of Standards, Metrology, and Quality Control

1. Issuing metrological technical documents on procedures and processes for technical metrological inspections for specific inspection objects.

2. Conducting state metrological inspections according to the division specified in 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 Metrology, and as stipulated in this Circular.

3. Approving training programs and materials and organizing the implementation of training in state metrological inspection business.

4. Providing professional and technical guidance on inspections to District Standard Metrology Quality Control Agencies and People's Committees at the district level.

5. Inspecting the activities of state metrological inspections conducted by District Standard Metrology Quality Control Agencies and People's Committees at the district level.

6. Summarizing and processing the results of inspection activities and reporting periodically annually or urgently upon request to the Ministry of Science and Technology on the implementation of state metrological inspection activities.

Article 35. Responsibilities of Provincial Departments of Science and Technology under Central Cities

1. Approving plans and ensuring funding for state metrological inspection activities of District Standard Metrology Quality Control Agencies; organizing the implementation of such plans after approval.

2. Directing the Science and Technology Inspectorate of the Department to coordinate and participate in handling violations of metrology laws during state metrological inspections as prescribed.

3. Reporting periodically annually or urgently upon request to the Ministry of Science and Technology and People's Committees of provinces and centrally governed cities on the implementation of state metrological inspection activities in their respective areas.

Article 36. Responsibilities of Provincial and Municipal Standard Measurement Quality Control Agencies under Central Government Administration

1. Shall be responsible for implementing state management tasks related to measurement in accordance with the分级 jurisdiction and the provisions of this Circular.

2. Develop and submit plans for annual state inspections on measurements for approval by the Department of Science and Technology.

3. Conduct state inspections on measurements in accordance with the division of labor stipulated in 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 the provisions of this Circular; handle complaints and reports regarding measurements in accordance with the law.

4. Provide professional guidance on state inspection operations on measurements to agencies and individuals conducting inspections at district and commune levels and other state agencies, organizations, and individuals involved.

5. Regularly inspect and supervise the activities of district-level People's Committees in state inspections on measurements.

6. Report annually or at any time upon request to the National Standard Measurement Quality Control Agency and the Department of Science and Technology on the implementation of state inspections on measurements within their jurisdictions.

Article 37. Responsibilities of District People's Committees

1. Shall be responsible for implementing state management tasks related to measurement in accordance with the分级 jurisdiction and the provisions of this Circular.

2. Approve annual plans for state inspections on measurements within their jurisdictions after obtaining opinions from the Department of Science and Technology.

3. Ensure funding for state inspection activities on measurements.

4. Take the lead and coordinate with relevant state agencies, organizations, and individuals to conduct state inspections on measurements in accordance with the division of labor stipulated in 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 the provisions of this Circular.

5. Handle complaints and reports, and deal with violations of laws on measurements in accordance with the law.

6. Report annually or at any time upon request to the Department of Science and Technology on the implementation of state inspections on measurements within their jurisdictions.

Article 38. Responsibilities of Commune People's Committees

1. Shall be responsible for conducting state inspections on measurements within their jurisdictions in accordance with the provisions of this Circular.

2. Coordinate with the Provincial and Municipal Standard Measurement Quality Control Agencies and relevant agencies to carry out inspections and supervision on measurements within their jurisdictions in accordance with the law; inspect the implementation of corrective measures by inspected entities as notified by the main inspection agency.

3. Promote and disseminate regulations on state inspections on measurements as stipulated in this Circular.

4. Handle complaints and reports, and deal with violations of laws on measurements in accordance with the law.

1. Customs agencies at border gates shall be responsible for informing and guiding importers on registering for state inspections on measurements for measuring instruments and pre-packaged goods when importing in accordance with the provisions of this Circular.

2. Science and Technology Inspection Agencies, Public Security Agencies, Customs Agencies, Market Management Agencies, and other competent state agencies shall be responsible for coordinating with inspection agencies in state inspections on measurements and handling violations in accordance with the law.

3. Other relevant state agencies, organizations, and individuals shall be responsible for coordinating in conducting state inspections on measurements in accordance with the division of labor and分级 jurisdiction specified in Government Decree No. 86/2012/ND-CP, which details and guides the implementation of certain articles of the Law on Measurement, and the provisions of this Circular.

Article 40. Responsibilities of organizations and individuals subject to inspection

1. Implement the requirements of the inspection team during the inspection process; comply with the inspection conclusions of competent authorities.

2. Proactively inspect and supervise: The production, import, circulation, and use of measurement standards, measuring instruments, and quantities of pre-packaged goods; the implementation of measurement procedures; calibration, verification, and testing activities of measuring instruments and measurement standards at facilities to ensure compliance with prescribed requirements.

3. Immediately cease illegal actions, implement corrective measures within the required timeframe. Shall not dispose of, consume, or alter the objects under inspection without a conclusion and permission from the inspection authority.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 41. Effective Date

1. This Circular takes effect from June 1, 2014.

2. Repeal the effectiveness of Decision No. 31/2002/QĐ-BKHCNMT dated May 17, 2002 of the Minister of Science, Technology and Environment (now the Ministry of Science and Technology) on the issuance of "Regulations on Measurement for Retail Trade Measurements."

Article 42. Implementation organization

1. In cases where state inspections on measurement and state inspections on product quality are combined, the inspection agency shall concurrently implement the provisions of this Circular and the regulations on inspection under the laws on product quality.

2. The Standardization, Metrology and Quality Control Department is responsible for guiding the implementation of this Circular.

3. State agencies, organizations, and individuals related thereto are responsible for enforcing this Circular.

4. In case of difficulties or obstacles during implementation, agencies and units are requested to report to the Ministry of Science and Technology (through the Standardization, Metrology and Quality Control Department) for research and resolution./.