Chương 3 Thông tư 23/2013/TT-BKHCN: Phê duyệt mẫu

Chapter 3.

TYPE APPROVAL

SECTION 1. PROCEDURES FOR TYPE APPROVAL

Article 6. Requirements for type approval

1. Type approval include: registration for type approval; type testing, type assessment; decision on type approval.

2. Type approval shall be carried out by a testing organization on the List of testing organizations appointed by DSMQ.

The list of appointed testing organizations shall be posted on the website of DSMQ.

3. The structure, technical features of the type must be able to resist impacts that changes the primary metrological characteristics during use; be tested, assessed, and considered conformable with technical metrological requirements.

4. Manufacturers and importers of measuring instruments granted type approval must take measures to ensure that the measuring instruments manufactured or imported are conformable with the approved type.

Article 7. Application for type approval

Each applicant shall compile 01 application for type approval and send it to DSMW, whether directly or by post. The application consists of:

1. A written request for type approval of measuring instruments using form 1. ĐKPDM enclosed herewith.

2. Technical documents of the type. The documents must contain: mechanism, structure diagram, instructions; important structures that affect metrological characteristics of the type; positions of primary metrological structures of the type; positions of inspection stamps, seals, and other specifications on the type; positions of the parts meant to resist impacts that change metrological characteristics of the type (in Vietnamese language or English language or both).

3. A set of color pictures of the type and a CD that contain the pictures. Pictures include: 01 overall picture of the type; pictures of the front (where measurements are read), rear, top, bottom (if any), right, left of the type; separate pictures showing information about symbols, type, and metrological characteristics of the sample; electronic circuit (if any), buttons; positions of the label and inspection stamps; positions of the seals; other parts that directly affect primary metrological characteristics of the type.

Dimensions of pictures must be the same and range between 100 mm x 150 mm and 210 mm x 297 mm; pictures shall be attached to or printed on A4 papers bound together. Pictures must be clear and reflect accurate information about metrological characteristics of the type to serve comparison and inspection of conformity of measuring instruments manufactured/imported with the approved type.

4. A declaration of the software program of the measuring instrument using form No. 2. CKPM enclosed herewith (if the measuring instrument is operated by a software program).

5. Documents about results of type testing and assessment according to Article 12 of this Circular.

If the applicant requests exemption or reduction of type testing, the application shall be enclosed with the documents pertaining to exemption or reduction of type testing prescribed in Article 10 of this Circular.

6. A list of documents about development and application of managerial and technical measures to ensure that measuring instruments are manufactured/imported in accordance with approved type.

Article 8. Processing the application for type approval

1. If the application is not satisfactory, DSMQ shall notify the applicant of necessary adjustments or additions within 07 working days from the day on which the application is received.

2. If the request for exemption/reduction of type testing is not well founded, DSMQ shall send a written notification to the applicant of the rejection and/or necessary adjustments or additions.

3. Within 20 working days from the receipt of the DSMQ’s notification, if the applicant is not able to complete the application, a written explanation specifying the deadline shall be sent to DSMQ. The application shall only be processed when it is satisfactory.

4. Within 10 working days from the receipt of the satisfactory application, DSMQ shall issue a decision to grant type approval according to Article 13 of this Circular.

Article 9. Type testing

1. Type testing is chosen by the applicant for type approval and carried out under the agreement with the appointed testing organization.

2. Quantity of samples and type testing procedures shall comply with the procedures established by DSMQ.

3. If no testing procedures are available, DSMQ shall request the testing organization to establish temporary testing procedures and submit it to DSMQ for approval.

The basis for establishing temporary testing procedures is recommendations of International Organization of Legal Metrology (Organization Internationale de Métrologie Légale - OIML), standards of International Electrotechnical Commission (IEC), ISO standards, Vietnam’s standards (TCVN), intramural standards, foreign standards, and technical regulations related to the type.

Article 10. Exemption and reduction of type testing

1. Exemption from type testing shall be granted in one of the following cases:

a) The measuring instrument has a certificate of conformity issued by an international metrology organization or certificate of type approval issued by a foreign metrology authority, and the type approval result is recognized by DSMQ;

b) The measuring instruments manufactured or imported are conformable with the type approval granted to another entity, and the import/manufacturing of such measuring instruments is permitted in writing by such entity;

c) Measuring instruments imported belong to a project approved by a competent authority.

2. Reduction of type testing shall be granted in one of the following cases:

a) Measuring instruments are modified or upgraded based on an approved typed, one or some metrological characteristics of which are modified compared to the approved type;

b) Measuring instruments are of the same type of the approved type.

DSMQ shall consider granting reduction of type testing.

Article 11. Type assessment

1. Assessment of a tested type shall be carried out by the same testing organization.

If the type is exempt from testing, DSMQ shall appoint an organization to carry out type assessment.

2. Type assessment includes assessment of:

a) Conformity of type testing results and technical metrological requirements;

b) The ability of the structure, technical features of the type to resist impacts that change the primary metrological characteristics of the measuring instruments manufactured/imported according to the type approval;

c) Suitability of the pictures for comparison and inspection of conformity of measuring instruments manufactured/imported with the approved type;

d) Suitability of managerial and technical measures taken by the applicant with regard to the requirements in Clause 4 Article 6 of this Circular.

3. Assessment methods:

a) Examination of the application and relevant documents;

b) Discussion relevant information with technical experts;

c) Carrying out site inspection at the applicant’s premises (if a conclusion cannot be made after the assessment methods in Point a and Point b Clause 3 of this Article have been employed).

Article 12. Documents about results of type testing and type assessment

After type testing and type assessment is done, the testing organization shall submit a set of document to DSMQ, which consists of:

1. A summary report on the results of type testing and type assessment using form No. 3. BCPDM enclosed herewith.

2. A certification of testing result and testing result record using the forms provided in corresponding testing procedures (if type testing is mandatory).

Article 13. Decision on type approval

1. DSMQ shall consider granting type approval according to the application for type approval, valid documents about result of type testing and type assessment:

If the application is rejected, DSMQ shall issue a written notification of the rejection and provide explanation.

2. The decision on type approval shall contain:

a) Name and address of the headquarter of the applicant;

b) Name of the manufacturer and country of origin (if the instruments are imported);

c) Symbol and type of the sample;

d) Primary metrological characteristics of the type;

dd) Approval symbol;

e. Effective period.

3. Effective period

a) Effective period of the decision on type approval or renewed decision on type approval is 10 years from the day on which it is signed;

b) Effective period of an adjusted decision on type approval is the same as the previous one.

4. Approval symbols are specified in Appendix No. 4. KHPDM enclosed herewith.

5. The decision on type approval shall be sent to the applicant and local metrology authority of the same province.

6. The decision and pictures of the approved type shall be posted on the website of DSMQ.

Article 14. Document retention

1. A set of documents about the approved type consists of: Decision on type approval, the application for type approval prescribed in Article 7, and documents about results of type testing and type assessment prescribed in Article 12 of this Circular.

2. 01 set of documents shall be kept by DSMQ. 01 set of documents shall be kept by the applicant.

3. The said documents shall be kept for 05 years after the expiration date of the decision/renewed decision/adjusted decision on type approval.

SECTION 2. RENEWING, ADJUSTING, SUSPENDING, REVOKING DECISION ON TYPE APPROVAL

Article 15. Renewing decision on type approval

1. A the decision on type approval shall be renewed only once.

2. 01 month before the expiration date of the decision on type approval, the applicant shall send 01 application for renewal to DSMW, whether directly or by post. The application consists of:

a) A written request for renewal of the decision on type approval using form No. 5. ĐNGHPDM enclosed herewith;

b) A certified true copy of the decision on type approval.

3. DSMQ shall consider renewing the decision on type approval in accordance with Article 13 of this Circular.

4. The renewed decision and the application for renewal shall be retained in accordance with Article 14 of this Circular.

Article 16. Adjusting decision on type approval

1. Adjusting the name or headquarter address of the applicant

a) 01 application for adjustment shall be sent to DSMQ, whether directly or by post. The application consists of:

- A written request for adjustments;

- Documents about the adjustments.

b) Within 07 working days from the receipt of the satisfactory application, DSMQ shall consider issuing an adjusted decision as prescribed in Article 13 of this Circular.

2. Adjusting the information mentioned in Point b, Point c, Point d Clause 2 Article 13 of this Circular

a) 01 application for adjustment shall be sent to DSMQ, whether directly or by post. The application consists of:

- A written request for adjustments specifying the adjusted information;

- Documents about the adjustments.

b) Within 07 working days from the receipt of the satisfactory application, DSMQ instruct the applicant to apply for a new type approval or make the adjustments as prescribed in Article 13 of this Circular.

3. The adjusted decision and the application for adjustments shall be retained in accordance with Article 14 of this Circular.

Article 17. Suspending decision on type approval

1. Part or all of the decision on type approval shall be suspended in the following cases:

a) The certificate holder’s failure to fulfill their tasks prescribed in Article 23 of this Circular leads to serious consequences;

b) The certificate holder submits a request for suspension of the decision on type approval.

2. DSMQ shall issue a decision to suspend part or all of the decision on type approval (hereinafter referred to as decision on suspension) on a case-by-case basis. a) The suspension period must not be longer than 05 months from the effective date of the decision on suspension.

3. The decision on suspension shall be sent to the certificate holder and local metrology authority of the same province with the certificate holder’s headquarter, and be posted on the website of DSMQ.

4. After the suspension period and after rectification is done, the certificate holder may compile an application for lifting the suspension and send it to DSMQ, whether directly or by post. The application consists of:

a) A written request for lifting suspension;

b) Documents proving the rectification.

5. DSMQ shall decide whether to examine the said documents or carry out a site inspection at the certificate holder’s premises to verify the rectification.

6. Within 07 working days from the receipt of the satisfactory application, DSMQ shall consider issuing an adjusted decision as prescribed in Article 13 of this Circular.

7. Within 07 working days from the receipt of the satisfactory application, DSMQ shall consider withdrawing the decision on suspension)

8. The decision to withdraw the decision on suspension and the application for withdrawal of the decision on suspension shall be retained in accordance with Article 14 of this Circular.

Article 18. Invalidating decision on type approval

1. The decision on type approval shall be invalidated in the following cases:

a) The certificate holder is bankrupt, dissolved, or commits serious violations of law;

a) The suspension period must not be longer than 05 months from the effective date of the decision on suspension;

c) The certificate holder submits a written request for permission for termination of the manufacturing/import of the measuring instruments granted type approval.

2. DSMQ shall issue a decision to invalidate the decision on type approval (hereinafter referred to as decision on invalidation).

3. The decision on invalidation shall be sent to the certificate holder and local metrology authority of the same province with the certificate holder’s headquarter, and be posted on the website of DSMQ.