Chapter 4.
METROLOGICAL INSPECTION
Article 13. The responsibility for metrological inspection
1. The Ministry of Science and Technology shall organize metrological inspection nationwide.
The Directorate for Standards, Metrology, and Quality shall assist the Ministry of Science and Technology in cooperating with relevant organizations in:
a) Carrying out periodic or irregular inspection of the calibration and test of measurement instruments and measurement standards;
b) Carrying out irregular inspection of the methods of measurement, measurement instruments, measurement standards, and the quantity of pre-packed goods at the request of competent agencies or when detecting violations.
2. Ministries, ministerial-level agencies, Governmental agencies, within their ambit of tasks and power, shall cooperate with the Ministry of Science and Technology to organize the metrological inspection.
3. Provincial People’s Committees are responsible for the local metrological inspection.
The Sub-Departments of Standards, Metrology, and Quality affiliated to the Service of Science and Technology shall assist provincial People’s Committees in cooperating with relevant local organizations in:
a) Carrying out periodic or irregular inspection of the measurement standards, measurement instruments, measurement methods, quantity of pre-packed goods;
b) Carrying out irregular inspection of the inspection, calibration, and test of measurement instruments and measurement methods at the request of competent agencies or when detecting violations.
4. District-level People’s Committees shall be in charge and cooperate with the Sub-Departments of Standards, Metrology, and Quality and relevant organizations in carrying out inspection and markets, shopping malls, wholesale places and retail places locally, with regard to the measurement methods, measurement instruments, and quantity of pre-packed goods.
5. Commune-level People’s Committees shall cooperate with the inspecting agencies prescribed in Clause 1, Clause 3 and Clause 4 this Article in carrying out local inspection of the measure methods, measurement instruments, and quantity of pre-packed goods.
6. Inspectors of science and technology, the Customs, the Police, the Market management, and other organizations, within ambit of their functions, tasks, powers, shall cooperate with the inspecting agencies prescribed in Clause 1, Clause 3, and Clause 4 this Article in carrying out metrological inspection.
Article 14. Inspectorate.
1. The head of the inspecting agency shall decide the establishment of the Inspectorate.
2. The Inspectorate comprises the Chief Inspector and other members. The number of the Inspectorate members depends on the inspection content and is decided by head of the inspecting agency.
3. The Chief Inspector must be a manager belonging to the inspecting agency. The Chief Inspector shall organize the performance of the Inspectorate: assign tasks to each member, be responsible for the inspection results; make inspection records or administrative violation records; pass and send the dossiers and records to the agency that make the decision on inspection, and send them to a competent agency or person to handle as prescribed.
4. Other members include
a) Technical officers, specialized in the discipline of measurement that needs inspection, shall inspect the measurement techniques;
b) The personnel of the inspecting agency, the persons assigned to perform specialized inspection; inspectors of science and technology, police officers, market management agents, the personnel of other organizations delegated to join the Inspectorate and perform duties according to the assignments.
5. The Inspectorate members are responsible for the inspection results, and work according to the assignment and law.
6. The Chief Inspector, the technical officers prescribed in Point a, and the personnel of the inspecting agency prescribed in Point b Clause 4 this Article must have a certificate of completing the course in metrological inspection held by the Directorate for Standards, Metrology, and Quality.
Article 15. Specialized inspection
1. Specialized inspection is the inspection using specialized instruments and means of transport to take samples before presenting the decision on inspection at the request of the State management agencies in charge of measurement.
2. The results of specialized inspection are the legal foundation for handling violations of measurement laws.
3. The equipment, management and use of specialized means of transport to carry out specialized inspection must comply with law provisions on the State budget and the management of State-owned property.
4. The budget for buying means of transport, equipment, and specialized instruments to carry out specialized inspection are arranged in the annual State budget expenditure estimates of Ministries, ministerial-level agencies, and provincial budget. The Ministers, Heads of ministerial-level agencies, and the Presidents of the provincial People’s Committees shall allocate budget for buying specialized instruments and means of transport for specialized inspection within the annual allocation of the State budget as prescribed by the Law on State budget.
5. The Ministry of Transport and the Ministry of Public Security shall cooperate with the Ministry of Science and Technology to guide the measures necessary for the specialized inspection.
Article 16. The procedures for metrological inspection
1. The metrological inspection is carried out under the following procedures:
a) Present the decision on inspection before the inspection. Take samples before presenting the decision on inspection if the present the decision on inspection allows the specialized inspection;
b) Carry out the inspection in accordance with the decision on inspection and the procedures for technical inspection of measuring applicable to each content;
c) Make the inspection record. If the act denotes administrative violations of measurements, the inspector of science and technology being a member of the Inspectorate, or the Chief Inspector shall make a record on the administrative violation and handle such violation, or send it to a competent agency or person to handle in accordance with law provisions on handling administrative violations. The form of the record on administrative violations of measurement shall be provided by the Minister of Science and Technology;
d) Handle the violations during the inspection as prescribed in Article 48 of the Law on metrology;
dd) Send reports to the agency that makes the decision on the metrological inspection
2. The Minister of Science and Technology shall specify this Article.
Article 17. The cooperation in the Metrological inspection
1. The methods of Metrological inspection in cooperation include:
a) Sending officers to join the inspection and handling of violations of measurement laws;
b) Notifying and sending dossiers to competent persons and competent agencies for handling the violations of measurement laws;
c) Cooperating in inter-sectoral inspection as guided by superior agencies or at the request of competent agencies affiliated to the Ministries in charge.
2. The cooperation in inspecting the measurement instruments of group 2 and the quantity of imported pre-packed goods of group 2 must comply with the following provisions:
a) The inspecting agency shall lead and cooperate with the customs in inspecting the conformity with the provisions on approving forms applicable to imported measurement instruments, and the provisions on quantitative stamps applicable to imported pre-packed goods at the local border-gates;
b) If the inspection results shows that the imported pre-packed goods and measurement instruments are not conformable, the inspecting agency shall notify the importers and the customs. The importers must report the rectification to the customs, or re-export such measurement instruments and pre-packed goods. The inspecting agency shall carry out the inspection after the rectification and notify the customs.
c) The customs only grant the customs clearance if the measurement instruments and pre-packed goods are conformable.
3. The cooperation in inspecting measurement instruments, measurement standards, and the quantity of pre-packed goods at the place of production must comply with the following provisions;
a) The inspecting agency shall inspect the measurement instruments, measurement standards, and the quantity of pre-packed goods at the place of production, and handle them as prescribed;
b) When discovering that the measurement instrument, the measurement standard, or the quantity of the pre-packed goods at the place of production is not conformable with law provisions on metrology, or the manufacturer is not cooperative, the inspecting agency shall handle such case intra vires, and or transfer the dossier to a specialized inspecting agency or another competent agency to handle;
c) The market management agency must cooperate with the inspecting agency during the metrological inspection at the place of production. if it is discovered that the measurement instruments, measurement standards, or pre-packed goods are counterfeit, the inspecting agency shall notify send the dossier to the market management agency, the police or other competent agencies to handle;
d) The inspecting agency must be responsible for the notification and the dossiers sent to the agencies prescribed in Point b and Point c of Clause 3 this Article. The agency that receives the dossier must handle it as prescribed by law and notify the results to the inspecting agency.
4. The cooperation in inspecting the measurement methods, measurement instruments, measurement standards, and the quantity of pre-packed goods in circulation must comply with the following provisions:
a) The inspecting agency is shall inspect the measurement methods, measurement instruments, measurement standards, and the quantity of pre-packed goods in circulation, and handle the inspection results as prescribed in Article 48 of the Law on metrology;
b) When discovering the violations and wishing to cooperate with a agency competent to handle administrative violations, the inspecting agency shall send the dossier to that agency and request it the carry out the procedures for handling administrative violations as prescribed by law provisions on handling administrative violations. The agency competent to handle administrative violations must notify the inspecting agency.of the results for monitoring.
If the trader fails to comply with law provisions on metrology when measuring and when trading or using the measurement instruments, measurement standards, and quantity of pre-packed goods, or is not cooperative during the inspection, the inspecting agency shall request the police, the market management agency, or other competent agencies to handle as prescribed;
c) The market management agency shall cooperate with the inspecting agency and relevant agencies in the metrological inspection of the measurements, the measurement instruments, the measurement standards, and the quantity of pre-packed goods; inspect the violator’s adherence to the decision made by the inspecting agency or other agencies competent to inspect the measurements, the measurement instruments, the measurement standards, and the quantity of the pre-packed goods; and handle the violations of such decision;
d) If the measurement instrument, or the quantity of the imported pre-packed goods is not conformable with the law provisions on metrology, the inspecting agency shall handle the case and notify the local inspecting agency to enhance the inspection at the border-gate, or request competent State agencies to make decisions on suspending or terminating the import of that measurement instruments or pre-packed goods;
dd) If the measurement instrument, or the quantity of the pre-packed goods produced at home is not conformable with the law provisions on metrology, the inspecting agency shall examine and inspect the production, if the measurement instrument, the measurement standard, or the pre-packed goods is produced in another locality, the inspecting agency shall send written notification to the local inspecting agency to examine and inspect the production;
e) The inspecting agency must be responsible for the notification and the dossiers sent to the agencies prescribed in Point b, d and dd of Clause 4 this Article. The agency that receives the dossier must handle it as prescribed by law and notify the results to the inspecting agency.
Article 18. The budget for taking samples for metrological inspection
1. The budget for taking samples for metrological inspection includes:
a) The cost of purchasing samples;
b) The cost of services of inspection, calibration, and testing;
c) Other costs serving the inspection (excluding the expenses on the management and professional operation of inspecting agencies and the agencies in cooperation that have been allocated from their annual regular budget).
2. The rate of expenditure on metrological inspection must comply with the guidance from the Ministry of Finance on the management and use of budget for the State inspection of product quality.
3. The cost of sampling for metrological inspection shall be paid by the inspecting agency, and included in the annual expenditure budget estimate of the inspecting agency.
4. The organizations and individuals that violate law provisions on metrology must return the cost of sampling to the inspecting agency as prescribed by law.
5. The collection, payment, and use of sampling cost paid by the violating organizations and individuals must comply with law provisions on the management and use of budget for the State inspection of product quality.
Tìm kiếm
Nghị định 86/2012/NĐ-CP hướng dẫn Luật đo lường (Bản Word)