Chương 6 LUẬT ĐO LƯỜNG 2011 : QUYỀN VÀ NGHĨA VỤ CỦA TỔ CHỨC, CÁ NHÂN TRONG HOẠT ĐỘNG ĐO LƯỜNG

Chapter 6

RIGHTS AND RESPONSIBILITIES IN MEASUREMENT ACTIVITIES

Article 35. Rights and responsibilities of entities producing and/or trading measuring instruments and/or measurement standards

1. Every entity producing and trading measuring instruments and measurement standards shall have the right to:

a) Select testing, inspection and calibration bodies to implement measurement control measures over measuring instruments and measurement standards under provisions hereof;

b)File complaints about testing, inspection and calibration results; initiate legal proceedings in case of breach of contracts signed with the testing, inspection and calibration body;

c) Lodge complaints or file a case against administrative violations and decisions made by authorities under regulations of laws.

2. Every entity producing and trading measuring instruments and measurement standards shall:

a) Take measures for measurement control over measuring instruments and measurement standards under provisions hereof prior to use;

b) Undergo inspection conducted by the State competent authority under regulations of laws;

c) Provide reliable information on specifications of measuring instrument and standards;

d) Provide instructions on transport storage conditions and usage of measuring instrument and standards;

dd) Pay costs of testing, calibration and inspection of measuring instruments and standards;

e) Undergo testing, inspection and calibration upon requests of the state competent authority.

Article 36. Rights and responsibilities of testing, inspection and calibration bodies

1. Every testing, inspection and calibration body has the right to:

a) Carry out tests, calibration and inspection in the registered fields;

b) Have their testing, calibration and inspection results recognized by the state competent authority under regulations of laws.

c) Loge complaints or file a case against administrative violations and decisions made by individuals or state competent authorities.

2. Every testing, inspection and calibration body shall:

a) Ensure the transparency and objectivity of testing, inspection and calibration, and comply with procedures for and costs of testing, inspection and calibration;

b) Keep information, results and figures confidential, unless otherwise stipulated by the State competent authority;

c) Promptly report and cooperate with the State competent authority to deal with violations;

d) Be legally responsible for testing, calibration and inspection results;

dd) Undergo inspection conducted by the State competent authority under regulations of laws;

Article 37. Rights and responsibilities of designated testing, inspection and calibration bodies

1. Every designated testing, inspection and calibration body has the right to:

a) Carry out tests, calibration and inspection in the designated fields;

b) Have their testing, calibration and inspection results recognized by the state competent authority under regulations of laws.

c) Loge complaints or file a case against administrative violations and decisions made by individuals or state competent authorities under regulations of laws.

2. Every designated testing, calibrating and inspection body shall fulfill obligations prescribed in clause 2 Article 36 hereof and shall:

a) Carry out tests, calibration and inspection upon request, unless where force majeure events occur;

b) Comply with procedures and processes for testing, calibration and inspection stipulated by the State competent authority.

Article 38. Rights and responsibilities of measuring instrument and measurement standard users

1. Every entity using measuring instruments and measurement standards shall be entitled to:

a) request the manufacturers and traders to provide information and documents on specifications, transport and storage conditions;

b) select testing, inspection and calibration bodies to implement measurement control over measuring instrument and measurement standards under provisions hereof;

c) Lodge complaints about testing, inspection and calibration results; lodge a file against breaches of contracts by testing/inspection/calibration bodies;

d) Lodge complaints or file a case against administrative violations and decisions made by individuals or state competent authorities under regulations of laws.

2. Every entity using measuring instruments and measurement standards shall:

a) Take control measures and comply with measurement requirements during use of measuring instruments and standards;

b) Follow guidelines for transport, storage conditions ad usage issued by producers, importers; stop using measuring instruments and standards and take remedy measures in case of damage;

c) Satisfy requirements for qualifications and experiences when operating category 2 measuring instruments prescribed by the State competent authority;

d) Meet all requirements and facilitate the inspection and supervision of measurement processes, methods, standards, instruments and goods quantity;

dd) Undergo inspection conducted by the State competent authority;

e) Pay costs for testing, calibration and inspection of measuring instruments and standards;

Article 39. Rights and responsibilities of pre-packaged goods producers and traders

1. Every pre-packaged goods producer and trader shall be entitled to:

a) Make quantity marks on category 1 prepackaged goods labels publicly available;

b) Lodge complaints or file a case against administrative violations and decisions made by individuals or state competent authorities under regulations of laws.

2. Every pre-packaged goods producer and trader shall:

a) Provide reliable information on the quantity of pre-packaged goods;

b) Provide instructions on transport, storage and use of pre-packaged goods;

c) Ensure that the quantity of pre-packaged goods is conformable to technical measurement requirements;

d) Leave a quantity mark on category 2 pre-packaged goods labels in accordance with regulations of laws.

dd) Undergo inspection conducted by the State competent authority.

Article 40. Rights and responsibilities of consumers

1. Every consumer shall be entitled to:

a) Be provided with reliable information on purchased goods, measuring instruments and measurement standards;

b) Request sellers to meet requirements in point Article clause 2 Article 38 hereof;

c) File a case against violations;

d) Request customer’s organizations to protect lawful rights and interests;

dd) Have other rights under regulations of laws.

2. Every consumer shall:

a) Inform the state competent authority of violations against customer’s lawful rights and interests.

b) Do not abuse the proper intention of legal arrangements for personal interests that may affect the national interests and lawful rights and interests of others.

Article 41. Rights and responsibilities of socio-professional organizations specialized in measurement

Every socio-professional organization shall:

1. Give advices and participating in compiling legislative documents, measurement plans and schemes under regulations of laws.

2. Provide consulting services, science and technology services under regulations of laws.

3. Be provided with measurement information.

4. Disseminate measurement knowledge, encourage entities to comply with laws on measurement.

5. Request inspecting bodies and state competent authority to deal with violations against laws on measurement.