Chương 1 LUẬT ĐO LƯỜNG 2011: NHỮNG QUY ĐỊNH CHUNG

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

This Law covers measurement, rights and responsibilities of entities participating in measurement.

Article 2. Regulated entities

This Law applies to entities participating in measurement in Vietnam.

Article 3. Interpretation

For the purpose of this Law, terms herein shall be construed as follows:

1. Measurement refers to determination of a physical quantity.

2. Measurement activity refers to establishment and application of units of measurement and standards, production, trading, testing, inspection and calibration of measuring instruments, quantification of pre-packed goods; measurement control; education, training, consultation, research and development, and application of measurement technologies.

3. International system of units (hereinafter referred to as “SI”) refers to a metric system comprising coherent system of measurement of unit with unit name and unit symbols that are approved by the General Conference on Weights and Measures.

4. Standard refers to a technical reference for a system of weights and measures against which all other measuring devices are compared.

Reference material refers to a material which is sufficiently homogeneous and stable with respect to one or more specified properties. Reference materials are used in calibration and inspection of measuring instrument and methods or analysis of characteristics and constituents of other materials and substances.

5. Measuring instruments refers to measuring devices for measurement process.

6. Measurement process refers to a set of operations used to determine the value of a quantity.

7. Pre-packaged goods refer to goods that have been already packed, quantified and has its quantity written on labels without the presence of customers.

8. Inspection refers to a process of determination and assessment of measuring instrument specifications to make sure that such measuring instrument satisfies technical measurement requirements.

9. Calibration refers to a process of determination and establishment of relation between measured values by measurement standard, measuring instrument and quantity.

10. Testing refers to the determination of one or more specifications of measuring instrument or standards.

11. Technical measurement requirement refers to a set of technical requirements of measurement standards, instruments, measurement processes for quantification of pre-packaged goods announced by an entity or State competent authority.

12. Designated testing, inspection or calibration body refers to an agency that meets all requirements prescribed by this Law and relevant laws and is named on the list of agencies providing testing, inspection or calibration services by the State competent authority in charge of measurement.

13. Quantity mark refers to a sign as a statement that the quantity of pre-package goods is conformable to technical measurement requirements.

Article 4. Principles of measurement

1. The accuracy and consistency must be assured.

2. Measurement activities shall:

a) Take place transparently, objectively, precisely and fairly to all sides including sellers, buyers, payers and service providers;

b) Be safe, environmentally-friendly and healthy;

c) Facilitate both domestic and international trade;

d) Ensure lawful rights and interests of measuring entities;

dd) be conformable to international practices;

e) Be conformable to agreements between parties on the basis of conformity with regulations hereof and other relevant laws.

Article 5. State’s policies on measurement

1. The State shall focus on compiling and maintaining national measurement standard system and providing sufficient funding for application of the national measurement standard which is invested and controlled by the State.

2. The State shall invest in facilities and infrastructures for the purpose of State management of measurement encourage individuals and organizations to invest in facilities, infrastructure and human resources, and promote involvement of private sectors in the following measurement activities:

a) Setting up and maintaining measurement standards;

b) Testing, calibrating and inspecting measuring instruments and standards

c) Producing measuring instruments and measurement standards;

d) Providing training and consulting services, doing scientific researches, developing and applying measurement technologies.

3. Human resources in measurement shall be prioritized and developed; scientific research, development and application of measurement technology should be promoted; and laws on measurement shall be widely disseminated.

4. Every entity should apply legal units of measurement instead of other types of units of measurement; and quality control system in measurement in conformity with national and international standards. Testing, inspection and calibration bodies that have their quality control system for state management of measurement recognized and certified shall be prioritized.

Article 6. International cooperation in measurement

1. International cooperation in measurement shall be promoted on the basis of independence, sovereignty and equality and mutual benefits.

2. International cooperation in measurement shall be promoted by:

a) Signing International Agreements on measurement, recognition of measurement, testing, inspection and calibration results between Vietnamese bodies and foreign country's bodies under international laws, and joining international measurement coalitions.

b) Executing international programs and projects;

c) Exchanging measuring experts and officers with foreign countries and international organizations;

d) Holding seminars, conferences; conducting scientific researches, technology application and transfer;

dd) Cooperating in settling disputes

Article 7. Prohibited acts

1. Deliberate detriment to national interest, defense and security, public order and lawful rights and interest of entities by taking advantage of measuring

2. Deliberate falsification of measuring instrument and measuring results.

3. Deliberate provision and falsification of testing, inspection and calibration results of measuring instrument and standards.

4. Acts of forging, erasing and editing quantity markings, inspection marks, seals and certificates.