Chương 5: Điều khoản thi hành

CIRCULAR

VERIFICATION, CALIBRATION AND TESTING OF MEASURING INSTRUMENTS AND MEASUREMENT STANDARDS

Pursuant to the Law on Measurement dated November 11, 2011;

Pursuant to the Government’s Decree No.86/2012/ND-CP dated October 19, 2012 elaborating and providing guidelines for some articles of the Law on Measurement;

Pursuant to the Government’s Decree No. 20/2013/ND-CP dated February 26, 2013 defining functions, tasks, entitlements and organizational structure of the Ministry of Science and Technology;

At the request of Director of the Directorate for Standard, Metrology and Quality;

The Minister of Science and Technology hereby promulgates a Circular on verification, calibration and testing of measuring instruments and measurement standards,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides for verification, calibration and testing of measuring instruments and measurement standards.

2. Verification, calibration and testing of measuring instruments, radiation and nuclear measurement standards, verification, calibration and testing of measuring instruments and measurement standards in direct service of peculiar measurement activities in field of national defense and security are prescribed in other legislative documents.

Article 2. Regulated entities

1. Providers of verification/calibration/testing and measurement standard services (hereinafter referred to as “the verification/calibration/testing service providers”).

2.  Providers of verification/calibration/testing and measurement standard services which are designated (hereinafter referred to as “the designated verification/calibration/testing service providers”).

3. Measurement authorities and other relevant organizations and individuals.

Chapter 2.

PROVISION OF MEASURING INSTRUMENT/MEASUREMENT STANDARD VERIFICCATION/CALIBRATION/TESTING SERVICES

Article 3. Requirements for verification/calibration/testing service providers

A verification/calibration/testing service provider shall:

1. be established in accordance with regulations of law.

2. have sufficient infrastructure which satisfies the following requirements:

a) Have working site, environmental conditions and other conditions conformable to the requirements in the verification/calibration/testing procedures specified in Clause 3 of this Article;

b) Have sufficient measurement standards and instrument for the verification/calibration/testing suitable for the corresponding verification/calibration/testing. Such measurement standards and instruments must be periodically verified and calibrated in accordance with regulations; the certificate of verification/calibration shall remain valid.

3. have sufficient procedures for verification/calibration/testing applied by the verification/calibration/testing service provider to the registered domains.

The verification/calibration/testing procedures issued by the verification/calibration/testing service provider shall comply with applicable regulations of competent authority, international recommendations of the International Organization of Legal Metrology (OIML), standards of the International Electrotechnical Commission (IEC), standards of International Organization for Standardization (ISO) and documents of relevant manufacturers.

4. assign at least two (02) technicians (officials, employees working under an at least 12 month fixed-term employment contract, employees working under an indefinite term employment contract) to each registered domain. Such technicians must:

a) obtain a Level 4 of VQF diploma/an intermediate professional education diploma or equivalent or higher qualifications;

b) have a certificate of completion of a training course in verification/calibration/testing depending on the registered domain and under the guidance of the Directorate for Standards, Metrology and Quality (hereinafter referred to as “the Directorate”).

5. promulgate and comply with regulations on certificate of verification/calibration/testing, including: contents and form of the certificate, formulation, management and use of the certificate. The contents and form of the certificate of verification/calibration/testing specified in Clause 5 of this Article shall not be mistaken for those of the designated verification/calibration/testing service provider’s certificate of verification/calibration/testing specified in Section 4 Chapter III of this Circular.

6. fulfill requirements for the independence and objectiveness as follows:

a) Applied procedures for verification/calibration/testing shall be published;

b) The verification/calibration/testing service provider shall take responsibility for the verification/calibration/testing results and shall not be forced to change such results;

c) Persons in charge of the verification/calibration/testing shall follow the applied procedures for verification/calibration/testing and shall not be forced to change the verification/calibration/testing results.

7. establish and maintain the management system in conformity with the National regulation TCVN ISO/IEC 17025 for the verification/calibration/testing of measuring instruments and measurement standards.

8. have a certificate of registration of provision of verification/calibration/testing services.

Article 4. Applications for registration

The provider registering provision of verification/calibration/testing services (hereinafter referred to as “the registering provider”) shall prepare and submit one (01) set of application, directly or by post, to the Directorate. The application consists of:

1. An application form (Specimen No. 1.DKCCDV in the Appendix hereof).

2. A copy (certified by the registering provider as a true copy of the original) of the establishment decision or the certificate of registration of science and technology activities or the business certificate of registration or the investment certificate of registration issued by the competent authority.

3. A report on infrastructure and personnel (Specimen No. 2.BCCSVC in the Appendix hereof).

4. A commitment of the head of the registering provider to fulfillment of requirements for provision of verification/calibration/testing services specified in Article 3 of this Circular.

5. A document providing for contents, form, formulation, management and use of the certificate of verification/calibration/testing.

6. A list of documents of the management system which has been established and maintained for the registered verification/calibration/testing activities.

Article 5. Processing applications

1. Within seven (7) working days from the date on which the application is received, if the application is unsatisfactory, the Directorate shall request the registering provider in writing to complete it or shall carry out an on-site assessment.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the registering provider fails to satisfy such request, the Directorate is entitled to reject this application.

2. Within twenty (20) working days from the date on which the satisfactory application is received, the Directorate shall issue the certificate of registration of provision of measuring instrument/measurement standard verification/calibration/testing services (hereinafter referred to as “the certificate of registration”) as prescribed in Article 6 of this Circular.

3. In case it is required to carry out an on-site assessment, within thirty (30) working days from the date on which the satisfactory application is received, the Directorate shall decide to establish an on-site assessment team. The establishment of on-site assessment team and assessment of conformity of the registering provider with the requirements specified in Article 3 shall comply with Article 14 of this Circular.

4. Within ten (10) days from the date on which the on-site assessment record is obtained, if the results are satisfactory, the Directorate shall issue the certificate of registration as prescribed in Article 6 of this Circular to the registering provider. In case the results are unsatisfactory, the Directorate shall provide written explanation.

Article 6. Certificate of registration

1. Contents and form of the certificate of registration are provided in the Specimen No 3.GCNDK in the Appendix hereof.

2. The certificate of registration and its revisions shall be numbered in chronological order.

3. The certificate of registration shall be issued to the verification/calibration/testing service provider, Sub-directorate for Standard, Metrology and Quality of the province and central-affiliated city (hereinafter referred to as “the Sub-directorate for Standard, Metrology and Quality) where the verification/calibration/testing service provider’s headquarters is located and published on the web portal of the Directorate.

Article 7. Retention of registration certification documents

1. The registration certification documents include an application specified in Article 4, processed application specified in Article 5 and certificate of registration specified in Article 6 of this Circular.

2. One (01) set of registration certification documents shall be retained at the Directorate.

3. The verification/calibration/testing service provider shall prepare and retain one (01) set of registration certification documents at its headquarters.

4. The documents shall be retained from the date of issuance of the certificate of registration to five (5) years after the certificate is suspended or invalidated or replaced by a new certificate.

Article 8. Adjustments to the certificate of registration

1. When the certificate of registration has to be adjusted, the verification/calibration/testing service provider shall prepare and submit one (01) set of application for adjustment, directly or by post, to the Directorate. The application consists of:

a) An application form (Specimen No. 4.DNDC in the Appendix hereof);

b) The certificate of registration (the original);

c) A report on infrastructure and personnel (Specimen No. 2.BCCSVC in the Appendix hereof) (only report contents concerning the adjustments);

d) A latest verification/calibration/testing report (Specimen No. 5.BCHD in the Appendix hereof);

dd) Other documents concerning the adjustments.

2. The application for adjustment to or issuance of the certificate of registration shall be processed as prescribed in Articles 5 and 6 of this Circular.

4. The adjustment certification documents shall be retained as prescribed in Article 7 of this Circular.

Article 9. Suspension of the certificate of registration

1. A certificate of registration shall be partially or totally suspended in the following cases:

a) The verification/calibration/testing service provider carries out its verification, calibration and testing outside the certified domain;

b) The verification/calibration/testing service provider fails to follow the applied procedures for verification/calibration/testing, which results in serious consequences;

c) The verification/calibration/testing service provider fails to maintain fulfillment of requirements for provision of services.

2. The Directorate shall consider issuing a notice of partial or total suspension of the issued certificate of registration (hereinafter referred to as “the suspension notice”), as the case may be. The issued certificate of registration shall be suspended for a period which may not exceed six (06) months from the date of issuing the suspension notice.

3. The suspension notice shall be sent to the verification/calibration/testing service provider and Sub-directorate for Standard, Metrology and Quality of the area where the verification/calibration/testing service provider’s headquarters is located and published on the web portal of the Directorate.

4. During the suspension period, after remedial actions are taken, the verification/calibration/testing service provider shall prepare and submit one (01) set of application for continuing to provide verification/calibration/testing services, directly or by post, to the Directorate. The application includes: a written request for continuing to provide verification/calibration/testing services and documentary evidences for remedial action completion.

5. Within seven (7) working days from the date on which the application is received, if the application is unsatisfactory, the Directorate shall request the applicant in writing to complete it.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the applicant fails to fails to satisfy such request, the Directorate is entitled to reject this application.

6. The Directorate shall decide to inspect the application or carry out an on-site inspection of the completed remedial actions, as the case may be.

a) In the case of inspection of the application, within seven (7) working days from the date on which the satisfactory application is received, the Directorate shall issue a notice of invalidation of the suspension notice (hereinafter referred to as “the invalidation notice”);

b) In the case of an on-site inspection, within twenty (20) working days, the Directorate shall complete the on-site inspection and issue a notice of invalidation or a notice of unsatisfactory on-site inspection.

7. The invalidation notice shall be sent to the verification/calibration/testing service provider and Sub-directorate for Standard, Metrology and Quality of the area where the verification/calibration/testing service provider’s headquarters is located and published on the web portal of the Directorate.

8. The suspension notice, invalidation notice and relevant documents shall be retained as prescribed in Article 7 of this Circular.

Article 10. Invalidation of the certificate of registration

1. A certificate of registration shall be partially or totally invalidated in the following cases:

a) The verification/calibration/testing service provider is dissolved, goes bankrupt or seriously violates laws;

b) The verification/calibration/testing service provider fails to take remedial actions during the suspension period specified in the suspension notice;

c) The verification/calibration/testing service provider submits a written request for not continuing partial or total provision of verification/calibration/testing services.

2. The Directorate shall consider issuing a decision on partial or total invalidation of the issued certificate of registration (hereinafter referred to as “the invalidation decision”), as the case may be.

3. The invalidation decision shall be sent to the verification/calibration/testing service provider and Sub-directorate for Standard, Metrology and Quality of the area where the verification/calibration/testing service provider’s headquarters is located and published on the web portal of the Directorate.

Chapter 3.

DESIGNATED VERIFICATION, CALIBRATION AND TESTING OF MEASURING INSTRUMENTS AND MEASUREMENT STANDARDS

SECTION 1. REQUIREMENTS AND PROCEDURES FOR DESIGNATION OF VERIFICATION/CALIBRATION/TESTING

Article 11. Requirements for designation

The provider that has been issued with the certificate of provision of verification/calibration/testing services and satisfies the following requirements is designated to carry out verification/calibration/testing:

1. Its domains are certified as conformable with the domains included in the application for designation as a verification/calibration/testing service provider.

2. It has sufficient infrastructure that meets the requirements specified in the Vietnamese text measurement techniques according to Clause 5 of this Article.

3. Working standards and reference materials directly used for verifying group 2 measuring instruments shall be calibrated and tested at the designated verification/calibration/testing service provider, and maintained, stored and used as prescribed in Article 21 of this Circular (in the case of applying for designation as a group 2 measuring instrument verification service provider).

4.  Persons in charge of the verification/calibration/testing must have a certificate of completion of a training course in verification/calibration/testing organized by the Directorate suitable for the designated domains.

5. It has sufficient Vietnamese text measurement techniques regarding procedures for verification, calibration and testing regarding the domains included in the application for designation as a verification/calibration/testing service provider.

6. The certificate of verification/calibration/testing shall comply with Section 4 Chapter III of this Circular.

7. It shall fulfill requirements for the independence and objectiveness as follows:

a) It must have its own seal and account. The head of the provider is entitled to consider and decide on recruitment, appointment, dismissal or termination of the employment contract of the employee under his/her management;

b) It must not directly engage in trading goods or providing services for customers by using group 2 measuring instruments of the domain included in the application for designation as a verification/calibration/testing service provider (in the case of applying for designation as a group 2 measuring instrument verification service provider).

8. The domains included in the application for designation as a verification/calibration/testing service provider shall be conformable with requirements for local and national management of metrology.

Article 12. Applications for designation

The provider that satisfies the requirements specified in Article 11 of this Circular shall prepare and submit one (01) set of application for designation, directly or by post, to the Directorate. The application consists of:

1. An application form (Specimen No. 6.DNCD in the Appendix hereof).

2. A report on infrastructure and personnel (Specimen No. 2.BCCSVC in the Appendix hereof).

3. A latest verification/calibration/testing report (Specimen No. 5.BCHD in the Appendix hereof).

4. A document of the head of the applicant prescribing contents and form of the certificate, formulation, management and use of the certificate of verification/calibration/testing.

5. An application for certification of the measurement standard directly used for verifying group 2 measuring instrument that is prescribed in Article 22 of this Circular (in the case of applying for designation as a group 2 measuring instrument verification service provider).

6. The application for issuance of the metrology verifier card that is prescribed in Article 30 of this Circular (in the case of applying for designation as a group 2 measuring instrument verification service provider).

7. A commitment of the head of the applicant:

a) to comply with applicable Vietnamese text measurement techniques and not to be forced to change the verification/calibration/testing results;

b) not to directly engage in trading goods or providing services for customers by using group 2 measuring instruments of the domain included in the application for designation as a verification/calibration/testing service provider (in the case of applying for designation as a group 2 measuring instrument verification service provider).

8. A list of documents of the management system which has been established and maintained for the registered verification/calibration/testing included in the application for designation as a verification/calibration/testing service provider.

Article 13. Processing applications for designation

1. Within seven (10) working days from the date on which the application is received, if the application is unsatisfactory, the Directorate shall request the applicant in writing to complete it.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the applicant fails to satisfy such request, the Directorate is entitled to reject this application.

2. Within thirty (30) working days from the date on which the satisfactory application is received, the Directorate shall decide to establish an on-site assessment team and carry out an assessment as prescribed in Article 14 of this Circular.

3. Within ten (10) days from the date on which the on-site assessment record is obtained, if the results are satisfactory, the Directorate shall issue a decision on designation of the verification, calibration and testing service provider (hereinafter referred to as "the designation decision") as prescribed in Article 15 of this Circular to the applicant. In case the results are unsatisfactory, the Directorate shall provide written explanation.

4. The application for certification of the measurement standard directly used for verifying group 2 measuring instrument that is prescribed in Clause 5 of Article 12 shall be processed within the time limit specified in this Article and in accordance with requirements and procedures specified in Section 2 Chapter III of this Circular.

5. The application for issuance of the metrology verifier card that is prescribed in Clause 6 of Article 12 shall be processed within the time limit specified in this Article and in accordance with requirements and procedures specified in Section 3 Chapter III of this Circular.

Article 14. On-site assessment

1. On-site assessment shall be carried out by experts of an assessment team.

2. The assessment team is established by the Director of the Directorate for Standard, Metrology and Quality to carry out on-site assessment, report results and provide counseling to the Director about conformity of the applicant with the requirements specified in this Circular.

3. Members of the assessment team and their responsibilities

a) The assessment team includes a head and other members. The number of members depends on the domain included in domain included in the application for designation as a verification/calibration/testing service provider and there should be at least two (02) members. The head and other members shall have a certificate of completion of the assessment training course organized by the Directorate;

b) The head shall have at least three (3) years’ experience in management of verification, calibration and testing. He/she shall: organize performance of tasks of the assessment team; directly assess the management system; assign responsibilities to each member; summon and preside over assessment team's meetings; approve the assessment record before sending it to the Directorate;

c) Other members shall have suitable qualifications and at least three (03) years’ experience in verification, calibration and testing corresponding to the measurement domain. They shall perform the assigned tasks and take responsibility for task performance.

4. Contents of the assessment: Conformity of the applicant with the requirements specified in Articles 3 and 11 of this Circular.

5. Assessment methods

a) Conduct a face-to-face interview with employees of the applicant about relevant information;

b) Consider retained documents and relevant documents;

c) Carry out visual supervision of infrastructure and personnel of the applicant;

d) Assess proficiency of the persons in charge of the verification/calibration/testing by supervising them carrying out and processing results of verification/calibration/testing.

6. Procedures for assessment

a) The head shall hold a meeting with the assessment team and approve the assessment program (Specimen No. 7.CTDG in the Appendix hereof), agree to the plan for carrying out assessment according to the progress and contents specified in the assessment team establishment decision and inform relevant parties;

b) Within their jurisdiction, members shall carry out assessment and prepare a metrology technique assessment report (Specimen No. 8.PDGKTDL in the Appendix hereof), carry out assessment and prepare a management system assessment report (Specimen No. 9.PDGHTQL in the Appendix hereof);

c) Prepare a consolidated record on assessment results (Specimen No. 10.BBTHDG in the Appendix hereof);

d) Within thirty (30) working days from the date of signing the assessment team establishment decision, the head of the assessment team shall send an assessment record to the Directorate. An assessment record includes an assessment program, metrology technique assessment report, management system assessment report and consolidated record on assessment results specified in Points a, b and c Clause 5 of this Clause;

dd) In case the applicant has nonconformities but they are correctable, the assessment team shall make a list of nonconformities, propose duration of the corrective action plan and send assessment results to the applicant. The applicant shall correct nonconformities and send a corrective action report to the assessment team. The assessment team shall appraise the corrective action report and carry out an on-site assessment again if necessary. In this case, the duration of the corrective action plan and re-assessment shall be added to the assessment duration.

7. Expenses and other conditions for on-site assessment shall be covered by the applicant.

Article 15. Designation decision

1. A designation decision shall contain at least:

a) Name and address of the headquarters of the designated verification/calibration/testing service provider;

b) Area where the provider carries out its operation;

c) Designated domain;

d) Effective period of the designation decision.

2. The designation decision shall be effective for five (05) years from the date on which it is signed.

3. The designation decision shall be sent to the designated provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated provider’s headquarters is located and published on the web portal of the Directorate.

Article 16. Retention of designation documents

1. The designation documents include an application specified in Article 12, on-site assessment documents specified in Article 14 and a designation decision specified in Article 15 of this Circular.

2. One (01) set of designation documents shall be retained at the Directorate.

3. The designated provider shall prepare and retain one (01) set of designation documents at its headquarters.

4. The documents shall be retained from the date of issuance of the designation decision to five (5) years after the decision is expired or suspended or invalidated.

Article 17. Adjustment to the designation/redesignation decision

1. In case of applying for adjustment to the designation decision, the applicant shall prepare and submit one (01) set of application prescribed in Article 12 of this Article regarding the adjustments, directly or by post, to the Directorate.

2. In case of reapplying for designation, no more than 03 months before the expiry of the issued designation decision, the applicant shall prepare and submit one (01) set of application prescribed in Article 12 of this Article, directly or by post, to the Directorate.

3. Within seven (10) working days from the date on which the application is received, if the application is unsatisfactory, the Directorate shall request the applicant in writing to complete it.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the applicant fails to satisfy such request, the Directorate is entitled to reject this application.

4. The Directorate shall consider and decide to inspect the application or carry out an on-site assessment, as the case may be.

a) In the case of inspection of the application, within ten (10) days from the date on which the satisfactory application is received, the Directorate shall issue a redesignation decision or adjusted designation decision specified in Clause 1 Article 15 of this Circular to the designated provider;

b) In the case of on-site assessment, the application processing, on-site assessment and issuance of designation decision are specified in Clause 2, Clause 3 Article 13, Article 14 and Article 15 of this Circular.

5. The redesignation decision and adjusted designation decision shall be sent to the designated provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated provider’s headquarters is located and published on the web portal of the Directorate.

6. The redesignation decision shall be effective for five (5) years from the date on which it is signed. The effective period of the adjusted designation decision is the same as that of the valid designation decision that has been issued to the designated provider.

7. The applications for adjustment to the designation decision and redesignation shall be retained as prescribed in Article 16 of this Circular.

Article 18. Suspension of the designation decision

1. A designation decision shall be partially or totally suspended in the following cases:

a) The designated provider carries out its verification/calibration/testing outside the designated domain or fails to assume the responsibilities specified in this Circular, resulting in serious consequences;

b) The designated provider submits a written request for partial or total suspension of the designated domain.

2. The Directorate shall consider issuing a decision on partial or total suspension of the issued designation decision (hereinafter referred to as “the suspension decision”), as the case may be. The issued designation decision shall be suspended for a period which may not exceed six (06) months from the effective date of suspension decision.

3. The suspension decision shall be sent to the designated provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated provider’s headquarters is located and published on the web portal of the Directorate.

4. During the suspension period, after remedial actions are taken, the designated verification/calibration/testing service provider shall prepare and submit one (01) set of application for invalidation of the suspension decision, directly or by post, to the Directorate. The application includes: a written request for invalidation of the suspension decision and documentary evidences for remedial action completion.

5. Within seven (10) working days from the date on which the application is received, if the application is unsatisfactory, the Directorate shall request the applicant in writing to complete it.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the applicant fails to satisfy such request the Directorate is entitled to reject this application.

6. The Directorate shall decide to inspect the application or carry out an on-site inspection of the completed remedial actions, as the case may be.

a) In the case of inspection of the application, within seven (7) working days from the date on which the satisfactory application is received, the Directorate shall issue a decision on invalidation of the suspension decision (hereinafter referred to as “the invalidation decision”);

b) In the case of on-site inspection, within twenty (20) working days, the Directorate shall complete the on-site inspection and issue the invalidation decision or give a notice of unsatisfactory on-site inspection results.

7. The invalidation decision is sent to the designated provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated provider’s headquarters is located and published on the web portal of the Directorate.

8. The suspension decision, invalidation decision and relevant documents shall be retained as prescribed in Article 16 of this Circular.

Article 19. Invalidation of the designation decision

1. A designation decision shall be partially or totally invalidated in the following cases:

a) The designated provider goes bankruptcy, dissolves or seriously violates laws;

b) The designated provider fails to take remedial actions during the suspension period specified in the invalidation decision;

c) The designated provider submits a written request for not continuing to provide designated verification/calibration/testing services.

2. The Directorate shall issue a decision on partial or total invalidation of the issued designation decision (hereinafter referred to as “the invalidation decision”), as the case may be.

3. The invalidation decision is sent to the designated provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated provider’s headquarters is located and published on the web portal of the Directorate.

SECTION 2. REQUIREMENTS AND PROCEDURES FOR CERTIFICATION OF MEASUREMENT STANDARDS DIRECTLY USED FOR VERIFYING GROUP 2 MEASURING INSTRUMENTS

Article 20. Requirements for measurement standards

1. A designated verification service provider’s working standard that satisfies the following requirements shall be certified as a measurement standard directly used for verifying group 2 measuring instruments:

a) It has been calibrated at a designated calibration service provider in accordance with regulations. The certificate of calibration shall remain effective;

b) It satisfies technical requirements specified in the applicable Vietnamese text measurement techniques;

c) It is maintained, preserved and used as prescribed in Article 21 of this Circular;

d) It is conformable with the designated domain of the designated verification service provider.

2. A designated verification service provider’s reference material that is directly used for verifying group 2 measuring instruments and satisfies the following requirements shall be certified as a measurement standard directly used for verifying group 2 measuring instruments (hereinafter referred to as “the measurement standard”):

a) It has been tested or compared at a designated provider in accordance with regulations of this Circular or at a national certifying authority for reference materials of a foreign country or at a laboratory that has been traceable to a national certifying authority for reference materials of a foreign country. The certificate of analysis shall remain effective.

b) The reference material’s uniformity, stability and property value shall conform to the technical requirements specified in the applicable Vietnamese text measurement techniques;

c) It is maintained, preserved and used as prescribed in Article 21 of this Circular;

d) It is conformable with the designated domain of the designated verification service provider.

Article 21. Maintenance, preservation and use of measurement standards

1. Measurement standards shall be maintained, preserved and used in accordance with the regulations promulgated by the head of the designated verification service provider and regulations specified in applicable Vietnamese text measurement techniques.

2. Regulations on maintenance, preservation and use of measurement standards shall specify at least:

a) Regarding the maintenance and preservation

- Area of the location of the place where the measurement standards are maintained and preserved;

- Environmental conditions and other technical requirements;

- Periodic supervision of maintenance and preservation requirements;

- Requirements for maintenance, preservation and use of equipment for maintenance and preservation of measurement standards;

- Responsibilities of maintenance and preservation staff.

b) Regarding the use

- Responsibilities of staff assigned to calibrate or compare measurement standards as prescribed;

- Keeping records.

Article 22. Applications for certification of measurement standards

The designated verification service provider shall submit one (01) set of application for certification of a measurement standard, directly or by post, to the Directorate. The application includes:

1. An application form (Specimen No. 11.DNCNCDL in the Appendix hereof).

2. A copy (certified by the designated verification service provider as a true copy of the original) of the certificate of working standard calibration prescribed in Point a Clause 1 Article 20 or the certificate of reference material measurement/testing or analysis prescribed in Point a Clause 2 Article 20 of this Circular.

3. Photos of the measurement standard, one (01) overall photo and one (01) label photo. A clear and sharp color photo (15 x 20 cm) (in the case of applying for certification for the first time).

4. Documents providing for maintenance, preservation and use of measurement standards, promulgated by the head of the designated verification service provider.

Article 23. Processing applications for certification of measurement standards

1. In case the application for certification of a measurement standard is submitted together with the application for designation, it shall be processed together with the application for designation within the time limit specified in Article 13 of this Circular and in accordance with the requirements and procedures for certification of measurement standards specified in Section 2 Chapter III of this Circular.

2. In case the application for certification of a measurement standard is not submitted together with the application for designation, it shall be processed as follows:

a) If the application is unsatisfactory, within ten (10) working days from the date on which the application is received, the Directorate shall request the applicant in writing to complete it.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the applicant fails to satisfy such request, the Directorate is entitled to reject this application;

b) Within fifteen (15) working days from the date on which the satisfactory application is received, the Directorate shall issue the decision on certification of a measurement standard directly used for verifying group 2 measuring instruments (hereinafter referred to as “the decision on measurement standard certification”) as prescribed in Article 24 of this Circular.

Article 24. Decision on measurement standard certification

1. A decision on measurement standard certification includes the following contents:

a) Name and address of headquarters of the designated verification service provider;

b) Name of the measurement standard;

c) The measurement standard’s manufacture number, year of manufacture, manufacturer, country of origin;

d) Model, symbol and main specifications of the measurement standard;

dd) Verification domain;

e) Effective period.

2. The effective period of the decision on measurement standard certification is the same as that of the valid decision on measurement standard certification that has been issued to the designated verification service provider.

In case the measurement standard is certified as a reference material and the effective period of the certificate of reference material measurement/testing or analysis is less than that of the designation decision, the effective date of the decision on certification of the measurement standard with respect to reference material is the same as that of such certificate.

3. The decision on measurement standard certification is sent to the designated verification service provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated verification service provider’s headquarters is located and published on the web portal of the Directorate.

Article 25. Retention of measurement standard certification documents

1. The measurement standard certification documents include an application for designation prescribed in Article 22 and a decision on measurement standard certification prescribed in Article 24 of this Circular.

2. One (01) set of measurement standard certification documents shall be retained at the Directorate.

3. The designated verification service provider shall prepare and retain one (01) set of measurement standard certification documents at its headquarters.

4. The measurement standard certification documents shall be retained together with the designated verification service provider’s designation documents as prescribed in Clause 4 Article 16 of this Circular.

Article 26. Adjustment to the decision on measurement standard certification

1. When the decision on measurement standard certification has to be adjusted, the applicant shall prepare and submit one (01) set of application for adjustment, directly or by post, to the Directorate. The application includes:

a) A written request;

b) A copy (certified by the designated verification service provider as a true copy of the original) of the certificate of measurement standard calibration prescribed in Point a Clause 1 Article 20 of this Circular (in the case of applying for adjustment to the contents specified in Points b, c and d Clause 1 Article 24 of this Circular);

c) Photos of the measurement standard, one (01) overall photo and one (01) label photo; a clear and sharp color photo (15 x 20 cm) (in case of applying for adjustment to the contents specified in Points b, c and d Clause 1 Article 24 of this Circular);

d) Other documents concerning the adjustments.2. If the application is unsatisfactory, within ten (10) working days from the date on which the application is received, the Directorate shall request the applicant in writing to complete it.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the applicant fails to satisfy such request, the Directorate is entitled to reject this application.

3. The decision on adjustment certification shall be issued as prescribed in Article 24 of this Circular.

4. The conformity of the designated verification service provider with prescribed requirements for provision of services shall be reviewed and re-assessed upon adjustments to main specifications of the measurement standard. Follow instructions in Section 1 Chapter III of this Circular.

5. The adjustment decision and relevant documents shall be retained together with the designated verification service provider’s designation documents as prescribed in Clause 4 Article 16 of this Circular.

Article 27. Suspension of the decision on measurement standard certification

1. A decision on measurement standard certification shall be partially or totally suspended in the following cases:

a) The designated verification service provider has its verification domain which has been certified as conformable with the measurement standard suspended;

b) The designated verification service provider submits a written request for partial or total suspension of the issued decision on measurement standard certification and provides a reason thereof.

2. The Directorate shall issue a decision on partial or total suspension of the issued decision on measurement standard certification (hereinafter referred to as “the suspension decision”), as the case may be. The issued decision on measurement standard certification shall be suspended for a period which may not exceed six (06) months from the date of issuing the suspension notice.

3. The suspension decision is sent to the designated verification service provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated verification service provider’s headquarters is located and published on the web portal of the Directorate.

4. The Directorate shall consider re-assessing the conformity of the designated verification service provider with prescribed requirements for provision of services after the decision on measurement standard certification is suspended. Follow instructions in Section 1 Chapter III of this Circular.

5. During the suspension period, after remedial actions are taken, the designated verification service provider shall prepare and submit one (01) set of application for invalidation of the suspension decision, directly or by post, to the Directorate. The application includes a written request for invalidation of the suspension decision, specifying reasons thereof, and relevant documents.

6. If the application is unsatisfactory, within seven (7) working days from the date on which the application is received, the Directorate shall request the applicant in writing to complete it.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the applicant fails to satisfy such request, the Directorate is entitled to reject this application;

7. Within seven (7) working days from the date on which the satisfactory application is received, the Directorate shall issue a decision on invalidation of the suspension decision (hereinafter referred to as “the invalidation decision”).

8. The invalidation decision is sent to the designated verification service provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated verification service provider’s headquarters is located and published on the web portal of the Directorate.

9. The suspension decision, invalidation decision and relevant documents shall be retained together with the designated verification service provider’s designation documents as prescribed in Clause 4 Article 16 of this Circular.

Article 28. Invalidation of the decision on measurement standard certification

1. A decision on measurement standard certification shall be partially or totally invalidated in the following cases:

a) The designated verification service provider’s designation decision is totally invalidated or the verification domain which has been certified as conformable with the measurement standard is invalidated;

b) After the expiry of the suspension period specified in Article 27 of this Circular, the designated verification service provider does not submit an application for invalidation of the suspension decision;

c) The designated verification service provider submits a written request for not continuing to use the certified measurement standard to carry out verification.

2. The Directorate shall issue a decision on partial or total invalidation of the issued decision on measurement standard certification (hereinafter referred to as “the invalidation decision”), as the case may be.

3. The invalidation decision is sent to the designated verification service provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated verification service provider’s headquarters is located and published on the web portal of the Directorate.

4. The Directorate shall consider re-assessing the conformity of the designated verification service provider with prescribed requirements for provision of services after the decision on measurement standard certification is invalidated. Follow instructions in Section 1 Chapter III of this Circular.

SECTION 3. REQUIREMENTS AND PROCEDURES FOR ISSUANCE OF THE METROLOGY VERIFIER CARD

Article 29. Requirements to be satisfied by a metrology verifier

A metrology verifier of the designated verification service provider who satisfies the following requirements shall be issued with the metrology verifier card:

1. He/she obtains a Level 4 of VQF diploma/an intermediate professional education diploma or equivalent or higher qualifications.

2. He/she has completed a verification training course organized by the Directorate corresponding to the designated domain.

3. He/she has at least twelve (12) months experience in verification/calibration/testing corresponding to the designated domain.

Article 30. Applications for issuance of the metrology verifier card

The applicant shall prepare and submit one (01) set of application for issuance of the metrology verifier card, directly or by post, to the Directorate. The application includes:

1. An application form (Specimen No. 12.DNCNKDVDL in the Appendix hereof).

2. A resume (Specimen No. 13.SYLL in the Appendix hereof) of each verifier.

3. A copy (certified by the designated verification service provider as a true copy of the original) of the verifier’s Level 4 of VQF diploma/an intermediate professional education diploma or equivalent or higher qualifications (in the case of applying for issuance of the card for the first time).

4. A copy (certified by the designated verification service provider as a true copy of the original) of the certificate of completion of the verification training course under Clause 2 Article 29 of this Circular.

5. 02 color photos (2 x 3 cm), taken against a white background (in case of applying for issuance of the card for the first time).

Article 31. Processing of applications for issuance of the metrology verifier card

1. In case the application for issuance of the metrology verifier card is submitted together with the application for designation, it shall be processed together with the application for designation within the time limit specified in Article 13 of this Circular and in accordance with the requirements and procedures for issuance of the metrology verifier card specified in Section 3 Chapter III of this Circular.

2. In case the application for issuance of the metrology verifier card is not received together with the application for designation, it shall be processed as follows:

a) If the application is unsatisfactory, within ten (10) working days from the date on which the application is received, the Directorate shall request the applicant in writing to complete it.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the applicant fails to satisfy such request, the Directorate is entitled to reject this application;

b) Within fifteen (15) working days from the date on which the satisfactory application is received, the Directorate shall issue the decision on issuance of the metrology verifier card as prescribed in Articles 32 and 34 of this Circular.

Article 32. Decision on issuance of the metrology verifier card

1. A decision on issuance of the metrology verifier card shall contain at least:

a) Name and address of headquarters of the designated verification service provider;

b) Verifier’s full name and date of birth;

c) Verifier number;

dd) Verification domain;

dd) Effective period.

2. The effective period of the decision on issuance of the metrology verifier card is the same as that of the valid designation decision that has been issued to the designated verification service provider.

3. The decision on issuance of the metrology verifier card is sent to the designated verification service provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated verification service provider’s headquarters is located and published on the web portal of the Directorate.

Article 33. Retention of documents about issuance of the metrology verifier card

1. The documents about issuance of the metrology verifier card include the application for issuance of the metrology verifier card prescribed in Article 30 and the decision on issuance of the metrology verifier card prescribed in Article 32 of this Circular.

2. One (01) set of documents about issuance of the metrology verifier card shall be retained at the Directorate.

3. The designated verification service provider shall prepare and retain one (01) set of documents about issuance of the metrology verifier card at its headquarters.

4. The documents about issuance of the metrology verifier card shall be retained together with the designated verification service provider’s designation documents as prescribed in Clause 4 Article 16 of this Circular.

Article 34. Metrology verifier card

1. The metrology verifier card (hereinafter referred to as “the card”) is issued by the Directorate to each verifier.

2. Each verifier shall be only issued with one (01) card.

3. The card shall be invalid after the decision on issuance of the metrology verifier card is suspended or invalidated.

4. The card’s contents and form are provided in the Specimen No. 14.TKDVDL in the Appendix hereof.

Article 35. Adjustment to the decision on issuance of the card, and reissuance of the card

1. When the decision on issuance of the card has to be adjusted, the applicant shall prepare and submit one (01) set of application for adjustment, directly or by post, to the Directorate. The application includes:

a) A written request;

b) A copy (certified by the designated verification service provider as a true copy of the original) of the certificate of completion of the verification training course regarding the verification domain included in the application for addition under Clause 2 Article 29 of this Circular (in the case of applying for addition of the verification domain);

c) Other documents concerning the adjustments.

2. In the case of applying for reissuance to replace a card that is lost, torn or damaged, the applicant shall prepare and submit one (01) set of application, directly or by post, to the Directorate. The application includes:

a) A written request;

b) two (02) color photos (2 x 3 cm), taken against a white background.

3. The application mentioned in Clauses 1 and 2 of this Article shall be processed as prescribed in Article 31 of this Circular.

4. The issuance of the decision on issuance of the card or reissuance of the card is specified in Articles 32 and 34 of this Circular.

5. The decision on issuance of the card and relevant documents shall be retained together with the designated verification service provider’s designation documents as prescribed in Clause 4 Article 16 of this Circular.

Article 36. Suspension of the decision on issuance of the card

1. A decision on issuance of the card shall be partially or totally suspended in the following cases:

a) The designated verification service provider has its verification domain that has been certified to issue the card to the metrology verifier suspended;

b) The metrology verifier fails to fulfill his/her obligations, resulting in serious consequences. To be specific:

- Fail to carry out verification while the certificate of verification is still issued to the measuring instrument;

- Fail to comply with the verification procedures specified in the applicable Vietnamese text measurement techniques;

- Use his/her verification certificate against regulations;

- Verify the measuring instrument whose design has not yet been approved in accordance with regulations or whose design is not an approved one;

- Verify the measuring instrument when the decision on issuance of the card has been expired.

2. The Directorate shall issue a decision on partial or total suspension of the issued card (hereinafter referred to as “the suspension decision”), as the case may be. The issued decision on measurement standard certification shall be suspended for a period which may not exceed six (06) months from the date of issuing the suspension notice.

3. The suspension decision is sent to the designated verification service provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated verification service provider’s headquarters is located and published on the web portal of the Directorate.

4. The Directorate shall consider re-assessing the conformity of the designated verification service provider with prescribed requirements for provision of services when the decision on issuance of the card is suspended. Follow instructions in Section 1 Chapter III of this Circular.

5. During the suspension period, after remedial actions are taken, the designated verification service provider shall prepare and submit one (01) set of application for invalidation of the suspension decision, directly or by post, to the Directorate. The application includes a written request for invalidation of the suspension decision, specifying reasons thereof, and relevant documents.

6. If the application is unsatisfactory, within seven (7) working days from the date on which the application is received, the Directorate shall request the applicant in writing to complete it.

Within three (3) months from the date on which additional documents are requested in writing by the Directorate, if the applicant fails to satisfy such request, the Directorate is entitled to reject this application.

7. Within seven (7) working days from the date on which the satisfactory application is received, the Directorate shall issue a decision on invalidation of the suspension decision (hereinafter referred to as “the invalidation decision”).

8. The invalidation decision is sent to the designated verification service provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated verification service provider’s headquarters is located and published on the web portal of the Directorate.

9. The suspension decision, invalidation decision and relevant documents shall be retained together with the designated verification service provider’s designation documents as prescribed in Clause 4 Article 16 of this Circular.

Article 37. Invalidation of the decision on issuance of the card

1. A decision on issuance of the card shall be partially or totally invalidated in the following cases:

a) The designated verification service provider’s designation decision is totally invalidated or the verification domain that has been certified to issue the card to the metrology verifier is invalidated;

b) After the expiry of the suspension period specified in Article 36 of this Circular, the designated verification service provider does not submit an application for invalidation of the suspension decision;

c) The designated verification service provider submits a written request for invalidation because the metrology verifier no longer engages in verification.

2. The Directorate shall issue a decision on partial or total invalidation of the issued decision on issuance of the card (hereinafter referred to as “the invalidation decision”) and revoke the issued card, as the case may be.

3. The invalidation decision is sent to the designated verification service provider, Sub-directorate for Standard, Metrology and Quality of the area where the designated verification provider’s headquarters is located and published on the web portal of the Directorate.

4. The Directorate shall consider re-assessing the conformity of the designated verification service provider with prescribed requirements for provision of services after the decision on issuance of the card is invalidated. Follow instructions in Section 1 Chapter III of this Circular.

SECTION 4. CERTIFICATE OF VERIFICATION/CALIBRATION/TESTING

Article 38. Verification seal

1. The verification seal is attached, printed, engraved or painted directly on the measuring instrument in accordance with corresponding verification procedures and in an appropriate location.

2. The verification seal has 2 types provided in the Specimen No. 15.DKD in the Appendix hereof.

3. The verification type 1 is used in the following cases:

a) It is used separately for the measuring instrument/measurement standard that is not required to be re-verified according to a cycle;

b) It is used together with the verification stamp and/or the certificate of verification of the measuring instrument/measurement standard that is required to be re-verified according to a cycle.

4. The verification seal type 2 shall be separately used to simultaneously seal and notify the expiry of verification of the measuring instrument/measurement standard that is required to be re-verified according to a cycle without being used together with a verification stamp and/or the certificate of verification.

Article 39. Verification stamps and calibration stamps

1. Verification stamps

a) The verification stamp’s contents and form are provided in the Specimen No. 16.DKD in the Appendix hereof;

b) The verification stamp is attached directly to the measuring instrument in accordance with corresponding verification procedures and in an appropriate location;

c) The verification stamp is used together with the verification seal and/or the certificate of verification in order to notify the validity period of verification of the measuring instrument/measurement standard that is required to be re-verified according to a cycle;

d) If there is not enough space or it is impossible to attach the verification stamp to the measuring instrument/measurement standard, the certificate of verification will be used to notify the validity period of verification of such measuring instrument/measurement standard.

2. Calibration stamps

a) The calibration stamp’s contents and form are provided in the Specimen No. 17.THC in the Appendix hereof;

b) The calibration stamp is attached directly to the measuring instrument/measurement standard or in an appropriate location;

c) The calibration stamp is issued together with the certificate of calibration in order to notify the validity period of calibration of the measuring instrument/measurement standard;

d) If there is not enough space or it is impossible to attach the calibration stamp to the measuring instrument/measurement standard, the certificate of calibration will be used to notify the validity period of verification of such measuring instrument/measurement standard.

Article 40. Certificate of verification/calibration/testing

1. The certificate of verification/calibration/testing’s contents and form are provided in the Specimens No. 18.GCNKD, 19.GCNHC and 20.GCNTN in the Appendix hereof.

2. The certificate of verification shall be issued to each measuring instrument that satisfies the requirements specified in the applicable Vietnamese text measurement techniques.

3. The certificate of calibration shall be issued to each measuring instrument or each measurement standard to provide measured value (together with the measurement uncertainty) obtained from the measuring instrument/measurement standard or establish the relation between the measured value obtained from the measuring instrument/measurement standard and the value of a quantity to be measured.

4. The certificate of testing (or certificate of analysis) is issued to each measuring instrument or measurement standard to provide specifications of such measuring instrument or measurement standard.

5. The certificate of verification shall be used separately or together with the verification seal/stamp in the cases specified in Article 38, Clause 1 Article 39 of this Circular in accordance with requirements for use thereof and regulations specified in the applicable Vietnamese text measurement techniques.

6. The certificate of calibration shall be used separately or together with the calibration seal/stamp in the cases specified in Clause 2 Article 39 of this Circular in accordance with requirements for use thereof and regulations specified in the applicable Vietnamese text measurement techniques.

Article 41. Specifying contents in the certificate of verification/calibration/testing

1. The certificate shall be on A4 size paper (210 x 297) mm.

2. The English font size shall be smaller than the Vietnamese one.

3. The contents must be clear and not be specified in an abbreviated form and erased. Name and symbol of the measured value, quantity value, measurement error, etc. must be accurately specified in accordance with regulations on legal units of measurement.

4. For the measuring instrument/measurement standard number, it is required to specify it according to the measuring instrument/measurement standard’s manufacture number. In case the measuring instrument/measurement standard does not have a manufacture number, the persons in charge of the verification/calibration/testing shall number the measuring instrument/measurement standard and consider it as the measuring instrument/measurement standard number.

5. For the manufacturer of the measuring instrument/measurement standard, it is required to specify name of the factory or manufacturer and country of origin.

6. For the specifications, it is required to specify main specifications of the measuring instrument/measurement standard such as measurement range, accuracy, etc. In case the accuracy is not specified, the allowable error or actual scale interval or measurement uncertainty shall be specified. In case multiple measurement ranges are available, it is required to specify such specifications according to each measurement range of the measuring instrument/measurement standard.

7. Regarding method of verification/calibration/testing, it is required to specify number and name of the verification/calibration/testing document or procedures used to carry out verification/calibration/testing.

8. The results shall be specified as follows:

a) Regarding the certificate of verification of the measuring instrument, specify “Đạt yêu cầu kỹ thuật Đo lường” (“Satisfy technical requirements”);

b) For the certificate of calibration/testing, specify “Xem kết quả tại trang…..” (“See calibration/testing results at page…..”).

9. For the verification stamp, it is required to specify its serial number and number. In case it is not required to use a stamp, this section shall be left blank.

10. For the “valid until” section, it is required to specify the last date of the prescribed verification/calibration.

11. For the signature section of the certificate of verification/calibration/testing:

a) Signature and full name of the persons in charge of verification/calibration/testing or the head of the laboratory shall be fully specified. In the case of issuance of the certificate of verification, the verifier must have a metrology verifier card;

b) Signature, full name and seal of the head or the authorized person, and seal of the verification/calibration/testing service provider shall be fully specified.

Chapter 4.

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS FOR VERIFICATION/CALIBRATION/TESTING

Article 42. Responsibilities of verification/calibration/testing service providers

1. Maintain the fulfillment of the requirements prescribed in Article 3 of this Circular.

2. Promulgate and organize implementation of regulations on management of verification/calibration/testing by the persons in charge of verification/calibration/testing.

3. Promulgate and organize implementation of regulations on: management and use of measurement standards and verification/calibration/testing equipment; creation, management and use of verification/calibration/testing certificates.

4. Before January 31 or at the request of a competent authority, prepare and submit an annual report on provision of verification/calibration/testing services (Form No. 5.BCHD in the Appendix hereof) to the Directorate and Sub-directorates for Standard, Metrology and Quality.

5. Comply with regulations of this Circular and other relevant regulations of law.

Article 43. Responsibilities of designated verification/calibration/testing service providers

1. Maintain the fulfillment of the requirements prescribed in Article 11 of this Circular.

2. Promulgate and organize implementation of regulations on management of verification/calibration/testing by the persons in charge of verification/calibration/testing.

3. Promulgate and organize implementation of regulations on: maintenance and use of measurement standards and verification/calibration/testing equipment; creation, management and use of verification/calibration/testing certificates in accordance with requirements of this Circular.

4. Only verify measuring instruments after the measurement standard directly used for verifying group 2 measuring instrument are certified and the verifier is issued with the metrology verifier card.

5. Request metrology verifiers to present and wear their card upon verification of measuring instruments.

6. Revoke, report and return the card of the metrology verifier who is no longer assigned to carry out verification to the Directorate.

7. Prepare a designated verification/calibration/testing report as prescribed in Clause 4 Article 42 of this Circular.

8. Comply with regulations of this Circular and other relevant regulations of law.

Article 44. Responsibilities of persons in charge of verification/calibration/testing

1. Persons in charge of verification/calibration/testing shall:

a) carry out verification/calibration/testing as assigned by the head of the provider, suitable for the verification/calibration/testing service provider’s registered or designated domain and suitable for their qualification;

b) comply with the verification/calibration/testing procedures. Prevent any interference in the verification/calibration/testing and results thereof;

c) In the case of discovering violations of regulations of the law on metrology, immediately report them to the head of the verification/calibration/testing service provider.

d) Comply with regulations of this Circular and other regulations on metrology.

2. Apart from the responsibilities specified in Clause 1 of this Article, the metrology verifier of the designated verification service provider shall:

a) verify measuring instruments within the certified domain;

b) wear his/her card upon verification of measuring instruments;

c) not use his/her card for other purposes;

d) return his/her card to the designated verification service provider if he/she is no longer assigned to carry out verification.

Article 45. Responsibilities of the Directorate for Standards, Metrology and Quality

1. Complete procedures for issuing the certificate of provision of verification/calibration/testing services as prescribed in Chapter II of this Circular and designating verification/calibration/testing service providers as prescribed in Chapter III of this Circular.

2. Promulgate Vietnamese text measurement techniques and approve verification/calibration/testing training and metrological assessment programs and textbooks.

3. Instruct, manage and organize implementation of provision of training for persons in charge of verification/calibration/testing and experts in metrological assessment.

4. perform state management of verification/calibration/testing within its jurisdiction specified in Clause 1 Article 13 of the Government’s Decree No. 86/2012/ND-CP dated October 19, 2012.

5. Inspect, settle complaints and denunciations and take actions against violations of regulations on metrology as per law.

Article 46. Responsibilities of the Departments of Science and Technology of provinces and central-affiliated cities

1. direct the Sub-directorates for Standard, Metrology and Quality to perform state management of verification/calibration/testing within their jurisdiction specified in Clause 3 Article 13 of the Government’s Decree No. 86/2012/ND-CP dated October 19, 2012.

2. direct inspection of compliance with the law on metrology within their area, settle complaints and denunciations and take actions against violations of regulations on metrology in as per law.

Article 47. Responsibilities of the Sub-directorates for Standards, Metrology and Quality of provinces and central-affiliated cities

1. Perform state management of verification/calibration/testing within their area within their jurisdiction specified in Clause 3 Article 13 of the Government’s Decree No. 86/2012/ND-CP dated October 19, 2012.

2. Disseminate this Circular to relevant organizations and individuals.

3. Cooperate in carrying out inspections, settle complaints and denunciations and take actions against violations of regulations on metrology as per law.

Chapter 5.

IMPLEMENTATION CLAUSE

Article 48. Effect

1. This Circular comes into force from November 15, 2013.

2. The following documents are annulled:

a) Decision No. 17/2005/QD-BKHCN dated November 01, 2005 of the Minister of Science and Technology;

b) Decision No. 20/2006/QD-BKHCN dated November 10, 2006 of the Minister of Science and Technology;

c) Decision No. 21/2006/QD-BKHCN dated November 10, 2006 of the Minister of Science and Technology;

d) Decision No. 28/2007/QD-BKHCN dated December 25, 2007 of the Minister of Science and Technology;

dd) Circular No. 12/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology;

e) Circular No. 13/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology;

g) Circular No. 15/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology.

Article 49. Transition clauses

1. The verification service provider that is recognized in the Decision No. 20/2006/QD-BKHCN dated November 10, 2006 of the Minister of Science and Technology shall keep verifying measuring instruments within the recognized scope and in accordance with regulations of this Circular until the expiry of the decision on recognition of capacity for measuring instrument verification that has been issued to the verification service provider.

The verification of measurement standards specified in the 28/2007/QD-BKHCN dated December 25, 2007 of the Minister of Science and Technology shall be continued until a new corresponding Vietnamese text measurement technique is promulgated.

2. The metrology verifier who has been issued with a card as prescribed in the Decision No. 21/2006/QD-BKHCN dated November 10, 2006 of the Minister of Science and Technology shall keep carry out verification within the recognized scope and in accordance with regulations of this Circular until the expiry of the following decisions, whichever comes first:

a) Decision on issuance of the metrology verifier card that has been issued to the verifier;

b) Decision on recognition of capacity for measuring instrument verification that has been issued to the verification service provider.

After the aforementioned time, in order to keep verifying measuring instruments, this verifier must be issued with the metrology verifier card in accordance with this Circular.

3. The measurement standard certified as prescribed in the Decision No. 28/2007/QD-BKHCN dated November 25, 2007 of the Minister of Science and Technology and issued with the certificate of measurement/testing or analysis that remains valid shall be used to verify measuring instruments and conformable to the regulations of this Circular until the expiry of the following decisions, whichever comes first:

a) Decision on measurement standard certification that has been issued to the measurement standard;

b) Decision on recognition of capacity for measuring instrument verification that has been issued to the verification service provider.

After the aforementioned time, in order to be used to verify measuring instruments, this measurement standard must be certified in accordance with this Circular.

Article 50. Implementation

1. The Directorate for Standards, Metrology and Quality shall provide instructions and organize the implementation of this Circular.

2. Regulatory authorities and relevant organizations and individuals are responsible for the implementation of this Circular.

3. Difficulties that arise during the implementation should be promptly reported to the Ministry of Science and Technology for consideration.

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