Chương 7 LUẬT ĐO LƯỜNG 2011 : KIỂM TRA, THANH TRA , XỬ LÝ VI PHẠM PHÁP LUẬT VỀ ĐO LƯỜNG

Chapter 7

INSPECTION AND ACTIONS AGAINST VIOLATIONS AGAINST LAWS ON MEASUREMENT

SECTION 1. STATE INSPECTION OF MEASUREMENT

Article 42. Inspected subjects

State inspection of measurement deals with measurement standards, measuring instruments, measurement processes, quantity of pre-packaged goods, testing, and inspection and calibration services.

Article 43. Scope of inspection

1. State inspection of measurement standards deals with:

a) The compliance with requirements in Article 11 hereof;

b) The compliance with requirements for measurement standards prescribed in Article 12, 14 and 15 hereof.

2. State inspection of measuring instruments covers:

a) The presentation of instrument specifications under clause 1 Article 17 hereof;

b) The conformity of components and parts of category 2 measuring instruments with approved samples.

c) The compliance with requirements in Article 11 hereof;

d) Measuring instrument specifications under clause 3, Article 17 hereof;

dd) Storage conditions, maintenance and use;

e) The compliance with measurement requirements of measuring instruments prescribed in Article 18 and 19 hereof.

3. State inspection of measurement processes includes:

a) Applicable measuring instruments, measurement processes and conditions according to technical measurement requirements;

b) The deviation of measurement results in comparison to the permissible tolerance according to technical measurement requirements.

4. State inspection of pre-packaged goods deals with:

a) The quantity of pre-packaged goods specified on its label.

b) The actual quantity of pre-packaged goods;

c) Quantity marks

5. State inspection of testing, inspection and calibration of measuring instruments and standards deals with:

a) The obedience to regulations on inspection, testing and calibration stipulated in Article 24 hereof;

b) The fulfillment of requirements specified in Article 25 hereof;

c) The fulfillment of obligations by testing, calibration and inspection bodies prescribed in clause 2 Article 36 and designated testing, calibration and inspection bodies stipulated in clause 2, Article 37 hereof.

Article 44. Procedures for state inspection of measurement

1. Present an inspection decision prior to inspection. Where it is permitted in the inspection decision, samples may be taken prior to presentation of the inspection decision.

2. Conduct inspection according to the inspection decision.

3. Make out an inspection record.

4. Deal with violations in accordance with Article 48 hereof.

5. Submit a report to the authority making state inspection decision.

Article 45. Types of state inspection of measurement

1. The state inspection may be carried out according to a plan or program which has been approved by the State competent authority.

2. The surprise inspection may be conducted to settle disputes, complaints or violations against law on measurement or upon request of state competent authorities.

Article 46. Inspecting bodies

1. State competent authorities in measurement affiliated to the Ministry of Science and Technology shall take charge of and cooperate with relevant authorities to conduct state inspection of measurement nationwide.

2. State competent authorities in measurement affiliated to the People’s Committees of provinces shall take charge of and cooperate with relevant authorities to conduct state inspection of measurement within the province.

3. People’s Committees of districts shall, according to their functions, rights and responsibilities, take charge of and cooperate with relevant authorities to conduct State inspection of measurement within the district.

Article 47. Rights and responsibilities inspecting bodies

1. Every inspecting body has the power to:

a) set up inspectorates;

b) Give warnings to inspected entities

c) deal with violations discovered during inspection in accordance with Article 48 hereof;

d) Address complaints on decisions made by inspectorate or inspector’s acts under laws on complaints.

2. Every inspecting body shall:

a) Submit an annual inspection plan to the State competent authority for approval.

b) Issue a penalty decision within 15 days from the date of receipt of the report and request for violation tackling; and make them public via means of mass media;

c) Ensure the accuracy, transparency, objectivity and equality.

d) Preserve confidentiality of relevant documents and information until the inspection conclusion is made;

dd) Be legally responsible for decision on penalties.

Article 48. Actions against violations during state inspection

1. Where any measurement standard, process, measuring instrument, quantity of pre-packaged goods, testing, and inspection and calibration activity is found unconformable to regulations hereof, the inspectorate has the power to:

a) request the inspected entity that applies unconformable measurement standards to suspend their business activities and promptly take remedy measures;

b) request the inspected entity that uses improper measuring instruments to suspend their business activities and promptly take remedy measures;

c) request inspected entity that produce and trades pre-packaged goods to suspend their business activities and promptly take remedy measures;

d) Request the inspected entity to suspend to apply measurement process and promptly take remedy measures;

dd) request testing, inspection and calibration bodies to suspend unconformable testing, inspection and calibration and promptly take remedy measures.

2. Where any inspected entity is found commit serious violations against measurement or repeatedly commit violations after being requested to comply with clause 1 of this Article, the inspectorate shall:

a) Request the inspected entity to stop violation;

b) Seal up unconformable measurement standards, measuring instruments and pre-packaged goods;

c) promptly report to the inspecting body so that the inspecting body shall request the state competent authority to come up with solutions in accordance with regulations of laws.

Inspection documents which are considered as one of legal proofs and are submitted to the State competent authority include an official dispatch of the inspecting body, inspection record prepared by the inspectorate and other relevant documents; d) Request inspecting bodies to make name and address of offending entities and their violations public on means of mass media.

3. The competent authority shall deal with violations and publish name and address of offending entities and their violations on mass media according to request of inspectorates.

4. Where any member of the inspectorate is an inspector who is specialized in science and technology or one who is a police officer, market manager or member of a competent authority, or is designated to participate in measurement inspection, such member has the power to promptly make decision on actions against violations.

Article 49. Funding for sampling

1. Funding for sampling for the purpose of state inspection of measurement shall be specified in operation cost estimation by the inspecting body.

2. Any entity that is found commit violations against measurement shall pay all costs of sampling to the inspecting body.

3. This Article shall be specified by the Government.

SECTION 2: INSPECTION AND ACTIONS AGAINST VIOLATIONS AGAINST LAWS ON MEASUREMENT

Article 50. Measurement inspection

1. Inspectorates of the Ministry of Science and Technology and Departments of Science and Technology and State regulatory authorities that are responsible for state management of measurement shall conduct measurement inspection on measurement.

2. Inspection shall be carried out in accordance with regulations hereof and laws on inspection.

Article 51. Inspected entities and scope of measurement inspection

1. Individuals and organizations that participating in measurement shall undergo measurement inspection.

2. Measurement inspection shall focus on the compliance with regulations of laws and measurement technical standards by inspected entities.

Article 52: Action against violations against laws on measurement

1. Individuals committing violations against laws on measurement shall face administrative penalties or a criminal prosecution, according to seriousness, and pay compensation for any damage caused.

2. Organizations committing violations against laws on measurement shall face administrative penalties or pay compensation for any damage caused, according to seriousness.

3. Individuals who abuse their power to commit violations against laws on measurement shall be disciplined or face criminal prosecution, according to seriousness, and pay compensation for any damage caused.

4. Penalties for administrative violations stipulated in clauses 1 and 2 of this Article shall be imposed in accordance with regulations on penalties for administrative violations, except for cases indicated in clause 5 of this Article.

5. Where the amount of illegal earnings is greater than the maximum fine prescribed by laws on penalties for administrative violations, a fine which varies from 01 to five times of illegal earnings shall be imposed. All illegal earnings shall be seized. The offending entity may be subjected to an additional penalty, take remedy measures and comply with other regulations of laws on penalties for administrative violations

Chief inspectors of the Ministry of Science and Technology and People's Committees of provinces have the power to impose penalties for violations prescribed in this clause.

6. The Government shall specify administrative violations against measurement and methods of determination of illegal earnings stipulated in this Article.