Chương II: Kiểm tra khi nhập khẩu

CIRCULAR

ON STATE INSPECTION OF MEASUREMENT

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

Pursuant to Decree No.86/2012/ND-CP dated October 19, 2012 of the Government on guidelines for implementation of a number of articles of the Law on Measurement;

Pursuant to Decree No.20/2013/ND-CP dated February 26, 2013 of the Government on functions, duties, rights and organizational structure of the Ministry of Science and Technology;

At the request of Director General of Directorate for Standards; Metrology and Quality;

The Minister of Science and Technology promulgates a Circular on state inspection of measurement.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides for state inspection of measurement including:

a) Inspection of measuring instruments, measurement methods and quantity of pre-packaged goods for import or in production or on sales or those in use;

b) Inspection of validation, calibration and testing of measuring instruments, measurement standards.

2. Inspection of measuring instruments, measurement standards, radiation measurement, inspection of validation, calibration and testing of measuring instruments and standards for radiation measurement, inspection of specialized measurement for national defense and security purpose shall be regulated in other legislative documents.

Article 2. Regulated entities

1. Inspection authorities

2. Importers, producers and sellers of measuring instruments and pre-packaged goods.

3. Users of measuring instruments and persons taking measurement.

4. Organizations appointed to maintain national standards.

5. Providers of services of validation, calibration and testing of measuring instruments and measurement standards.

6. Appointed validation, calibration, testing agencies for measuring instruments and measurement standards.

7. Regulatory agencies and other relevant organizations and individuals.

Article 3. Definition

For the purposes of this Circular, the terms below shall be construed as follows:

1. “measurement standard” refers to a technical instruments featuring and maintaining units of weights and measures against which all other measuring instruments or measurement standards are compared.

“reference material” refers to a material which is sufficiently homogeneous and stable with respect to one or more specified properties. Reference materials are used in calibration and validation of measuring instruments, assessment of measurement methods or valuation of components and characteristics of other materials or substances.

2. “measuring instrument” refers to any technical instrument used for taking measurement.

3. “measurement scope” refers to the value of measuring levels (from the minimum to the maximum level) of a measuring instrument which is disclosed by the measuring instrument producer.

4. “measurement process” refers to a set of operations for determining the value of the quantity under measurement.

5. “quantity-based pre-packaged goods” (hereinafter referred to as “pre-packaged goods”) refer to goods that have been quantified based upon units of weight, volume, length, area or order number, packaged and have their quantity specified on the goods label without the customer’s presence.

6. “validation" refers to a process of assessment and confirmation of specifications of a measuring instrument under measuring technique requirements.

7. “calibration” refers to a process of determination and establishment of relationship between the value of measuring instrument and measurement standards and that of the quantity measured.

8. “testing” refers to determination of one or more than one specification of a measuring instrument or measurement standard.

9. “measuring technique requirements” refer to a set of requirements for measuring technique of the measurement standard, measuring instrument or quantity of the pre-packaged goods declared by organizations or individuals or decided by competent regulatory agencies.

10. Other terms shall be construed as specified in Article 3 of the Law on Measurement.

Article 4. Form of measurement state inspection and special inspection methods

1. Forms of state inspection for measurement

a) Regular inspection shall be carried out according to the program or plan approved by competent measurement authorities;

b) Irregular inspection shall be carried out when handling of disputes, complaints or denunciation in case any sign of violations against regulations of the law on measurement is found or as required by competent regulatory agencies.

2. Special inspection means inspection conducted by using dedicated transport vehicles, technical equipment and instruments used in sampling and inspection process before the decision on inspection is presented as required by the measurement authority.

Article 5. Methods for state inspection of measurement

1. State inspection of measurement shall be conducted by the inspectorate.

2. The inspectorate shall be established by the Director of the inspection authority as specified in the decision on state inspection of measurement (according to Form No.4.QDKTDL provided in the Appendix issued thereto).

3. Components of the inspectorate include a chief inspector and members and the number of members depends on the inspection scope and is decided by Director of the inspection authority.

4. The chief inspector is a manager in the inspection authority. The chief inspector shall take charge of organizing the duty performance; assign specific task to each inspectorate’s member; take responsibility for the inspection result; record, in writing, the inspection process or make records of administrative violations as regulated; send such records to the inspection authority for decision making, transfer such documents to competent persons or authorities for handling purpose as per law provisions.

5. The inspectorate’s members include

a) technicians who possess professional skills suitable for the measurement undergoing inspection and undertake the task of inspection for measuring techniques;

b) employees of the inspection authority, persons given the task of special inspection, scientific and technological inspectors, public security forces, market managers, employees of other agencies appointed to participate in the inspectorate who perform tasks assigned by the chief inspector.

6. The inspectorate’s members shall take responsibility for the inspection result and handle such result as assigned under law provisions.

7. The chief inspector and technicians specified in Point a and employees of the inspection authority specified in Point b Clause 5 this Article shall obtain a certificate of completion of the training course in state inspection of measurement held by the Directorate for Standards; Metrology and Quality.

Article 6. Handling of administrative violations during state inspection of measurement

Any administrative violation found during the inspection shall be handled as follows:

1. If the inspectorate has no scientific and technological inspector, member given the task of special inspection, public security force, market manager or competent person, the chief inspector shall make a record of administrative violation (according to Form No.11.BBVPHC provided in the Appendix issued thereto) and request the inspection authority to transfer such record to the competent person or competent regulatory agency or request such person or agency to handle the violation in compliance with regulations of the law on handling of administrative violations.

The document transferred to the competent person or regulatory agency shall include the transfer document of the inspection authority, inspection decision, inspection record, documents and proofs of administrative violations (if any) and administrative violation record.

2. If the inspectorate has a scientific and technological inspector, member undertaking the task of special inspection, police officer, market manager or competent person, the aforesaid person shall make an administrative violation record and handle violations as per law provisions.

3. Persons and regulatory agencies having the power to handle administrative violations (hereinafter referred to as “competent persons and regulatory agencies”) shall consider and handle such violations as per law provisions. The decision on handling of administrative violations shall be sent to the inspection authority for cooperation purpose.

Chapter II

INSPECTION IN IMPORT

Article 7. Products subject to inspection in import

1. Measuring instruments requiring sample approval on the list of Group 2 measuring instrument specified in Circular No.23/2013/TT-BKHCN dated September 26, 2013 of the Minister of Science and Technology providing for measurement of group 2 measuring instruments (hereinafter referred to as group 2 measuring instruments requiring sample approval)

2. Pre-packaged goods on the list of group 2 pre-packaged goods specified in Circular of the Minister of Science and Technology on measurement of the quantity of pre-packaged goods (hereinafter referred to as “group 2 pre-packaged goods”).

3. Measuring instruments and pre-packaged goods which:

a) are reported not to comply with measuring technique requirements specified and required to undergo more inspection if they are imported by the authority conducting inspection of goods on sale and in use;

b) are requested by the measurement authority;

c) are reported not to meet the specified measuring technique requirements and may cause harm to legal rights and benefits of other organizations and individuals by domestic and foreign organizations and individuals;

d) are shown unconformable to the specified measuring technique requirements through the results of survey on measurement for measuring instruments and pre-packaged goods for sale and in use.

Article 8. Exemption from inspection in import

The following measuring instruments and pre-packaged goods may be exempt from inspection in import: personal luggage, goods used for foreign affairs purpose, exhibits in fairs, gifts; goods and supplies temporarily imported for re-export; goods in transit; goods stored in the bonded warehouse; goods processed by Vietnamese enterprises for foreign traders; supplies, equipment and machines imported serving investment projects; goods claimed to be State secrets and other non-commercial goods as regulated by laws.

Article 9. Inspection and clearance of group 2 measuring instruments requiring sample approval and quantity of group 2 pre-packaged goods specified in Clause 1 and 2 Article 7 hereof

1. With regard to group 2 measuring instruments requiring sample approval

a) The customs authority shall grant clearance only if the importer of measuring instruments obtains a decision on grant of approval for measuring instrument sample issued by the Directorate for Standards; Metrology and Quality;

b) If the measuring instrument is permitted for import for the testing purpose serving the process of sample approval, the customs authority shall grant temporary clearance when the importer of such measuring instrument receives a document from the Directorate for Standards; Metrology and Quality which specifies that the application for registration of approval for measuring instrument sample has been received. The customs authority shall carry out administrative procedures for official customs clearance only if the measuring instrument satisfies requirements specified in Point a Clause 1 this Article.

2. With regard to quantity of group 2 pre-packaged goods

a) The customs authority shall grant customs clearance only if the pre-packaged goods have the quantity mark on their label issued by the Directorate for Standards; Metrology and Quality or Sub-Department for Standards; Metrology and Quality of province and centrally-affiliated cities (hereinafter referred to as "the Sub-department for Standards; Metrology and Quality);

b) If the pre-packaged goods are permitted for import for assessment purpose serving issuance of the certificate of eligibility for use on quantity mark on the goods label of the competent measurement authority, such pre-packaged goods shall be granted temporary customs clearance only if obtaining a document from the Directorate for Standards; Metrology and Quality or Sub-department for Standards; Metrology and Quality which specifies that the application for a certificate of eligibility for use of the quantity mark on pre-packaged goods label has been received. The customs authority shall carry out procedures for official clearance only if the pre-packaged goods satisfy requirements specified in Point a Clause 2 this Article.

3. In case the measuring instruments or pre-packaged goods are permitted for temporary clearance by the customs authority prior to inspection or measuring instruments are imported for testing purpose serving the process of sample approval, the importer shall not put such measuring instruments or pre-packaged goods on sale or in use.

4. Any violation against the aforementioned regulations shall be handled as prescribed in Article 11 hereof.

Article 10. Inspection and clearance of measuring instruments and quantity of pre-packaged goods specified in Clause 3 Article 7 hereof

1. Inspection authority

a) Directorate for Standards; Metrology and Quality

b) Sub-department for Standards; Metrology and Quality of the place where measuring instruments and pre-packaged goods are imported.

2. With regard to measuring instruments

a) The measuring instrument shall be granted customs clearance if the result of state inspection for measurement (according to Form No.3.TBKQKT provided in the Appendix issued thereto) sent to the importer of such instrument by the inspection authority shows that such measuring instrument meet requirements for measuring techniques;

b) The customs authority shall grant temporary customs clearance before inspection if the measuring instrument has the notice specifying that the application for registration of state inspection for measurement has been received (according to Form No.2.PTNHSDK provided in the Appendix issued thereto). The customs authority shall carry out procedures for official customs clearance only if such measuring instrument satisfies requirements specified in Point a Clause 1 this Article.

3. With regard to quantity of pre-packaged goods

a) The pre-packaged goods shall be granted customs clearance if the result of state inspection for measurement (according to Form No.3.TBKQKT provided in the Appendix issued thereto) sent to the goods importer by the inspection authority shows that the pre-packaged goods meet requirements for measuring techniques;

b) The customs authority shall grant temporary customs clearance before inspection if the pre-packaged goods have the notice specifying that the application for registration of state inspection for measurement has been received (according to Form No.2.PTNHSĐK provided in the Appendix issued thereto). The customs authority shall carry out procedures for official clearance only if the pre-packaged goods satisfy requirements specified in Point a Clause 2 this Article.

4. In case the measuring instruments or pre-packaged goods are permitted for temporary clearance by the customs authority prior to inspection, the importer shall not put such measuring instruments or pre-packaged goods on sale or in use.

5. The procedure for registering for inspection in import, preparing the receipt of application for registration of state inspection for measurement, issuing the result of state inspection of measurement for measuring instruments, quantity of pre-packaged goods specified in Clause 2 and 3 shall comply with regulations in Clause 6 this Article.

6. Inspection procedure

a) Application for registration of inspection in import

The importer shall send an application for registration of inspection in import directly to the headquarters of the inspection authority. The application includes:

- An application form for registration of state inspection for measurement (according to Form No.01 DKKT provided in the Appendix issued thereto);

- An original or copy with the original of the following documents: contract, import declaration; packing list; C/O (if any); technical explanation of the measuring instrument (in English or Vietnamese or both) (in case of import of measuring instruments).

b) Application processing

- The inspection authority shall prepare a receipt of the application (according to Form No.2.PTNHSDK provided in the Appendix issued thereto); record the registration information into the registration book and sign and seal the registration of inspection submitted by the importer;

- In case the application is found unsatisfactory, the inspection authority shall mention the insufficient information in the notice of receipt and request the importer to provide additional information within 5 working days. The importer shall send a written document which specifies the reason for the lateness and time for additional information provision to the inspection authority if failing to provide additional information by the deadline mentioned above. The next inspection steps shall be taken after the importer completes the application.

- If the application is found satisfactory, the inspection authority shall send a written notice of inspection of measuring instruments or quantity of pre-packaged goods for import to the importer within 3 working days from the day on which the satisfactory application is received.

- The inspection authority shall finish the inspection and send the results of state inspection for measurement (according to Form No.3.TBKQKT provided in the Appendix issued thereto) to the importer within 10 working days from the day on which the notice is received by the importer.

c) Inspection scope

c.1) Inspection scope of measuring instruments:

- Inspection of compliance with regulations on feature of basic measuring technique requirements on the measuring instrument or goods label or attached documents;

- Inspection of conformity with conditions for transport, maintenance and storage;

- Inspection of compliance with measuring technique requirements.

c.2) Inspection scope for pre-packaged goods:

- Inspection of record of the goods quantity on the goods label;

- Physical inspection of goods

d) The inspection authority shall carry out inspection of measuring techniques following the procedure below:

- Request the importer to provide documents concerning conditions for transport, maintenance, storage and use and requirements for measuring techniques of the measuring instrument or pre-packaged goods;

- Observe and check requirements for measuring techniques of the measuring instrument or quantity of pre-packaged goods according to documents provided by the importer and regulations on measurement state management;

- Conduct inspection of measurement requirements applied to pre-packaged goods based upon regulations on sampling methods and methods for assessing the quantity of pre-packaged goods specified in the Circular providing regulations on measurement of quantity of pre-packaged goods;

- Select specific measurement level and measurement requirements of the measuring instrument and carry out inspection upon consideration of requirements for measuring techniques of the measuring instrument;

- Issue and send the notice of result of state inspection for measurement (according to Form No.3.TBKQKT provided in the Appendix issued thereto) to the importer and customs authority;

- Any violation against the aforementioned regulations shall be handled as prescribed in Article 11 hereof.

Article 11. Handling of non-compliance found during inspection in import

1. If the measuring instrument imported for testing purpose serving the sample approval specified in Point b Clause 1 Article 9 hereof fails to comply with the measuring technique requirements as shown in the sample testing result, the Directorate for Standards; Metrology and Quality shall send a written notice of non-compliance to the importer and customs authority.

2. In case the inspection result specified in Point d Clause 6 Article 10 hereof shows that the measuring instruments or pre-packaged goods fail to comply with measuring technique requirements, the inspection authority shall send a notice of results of state inspection for measurement with the conclusion about non-compliance with measuring technique requirements to the importer and customs authority.

3. The importer shall choose to either handle such non-compliance or re-export the measuring instruments or pre-packaged goods and notify the customs authority and inspection authority. If the importer chooses to handle the problem of non-compliance, the inspection authority shall take charge of post-handling inspection and notify the customs authority for carrying out the customs clearance procedure.

4. The customs authority shall grant customs clearance only if the measuring instrument or quantity of pre-packaged goods meets the specified requirements.

Chapter III

INSPECTION IN PRODUCTION

Article 12. Entities subject to inspection in production

1. Measuring instruments in production

2. Quantity of pre-packaged goods in production

Article 13. Presiding authority of inspection in production

1. The Directorate for Standards; Metrology and Quality shall preside over irregular inspection of measuring instruments and quantity of pre-packaged goods in production nationwide.

2. The Sub-department for Standards; Metrology and Quality shall preside over irregular inspection of measuring instruments and quantity of pre-packaged goods in production in local authorities.

Article 14. Inspection scope

1. Inspection of compliance with measuring technique requirements and methods for state management of measurement in production of measuring instruments and pre-packaged goods shall include:

a) Inspection of formulation and disclosure of measurement requirements (for group 1 measuring instruments); applications for grant of approval for sample stored (for measuring instruments requiring sample approval); documents proving eligibility for use of quantity mark on the pre-packaged goods label stored (for group 2 pre-packaged goods); dossier on standard quality management system; inspection of adoption of methods for state management of measurement in production regulated by the competent authority;

b) Inspection of labeling; symbol of sample approval (for measuring instruments required to bear a symbol of sample approval); provision of quantity mark (for group 2 pre-packaged goods); instructions for use, maintenance and transport and other documents attached to the measuring instruments or pre-packaged goods; c) Inspection of maintenance of conformity with conditions for use of quantity mark on the pr-packaged goods label (for producers issued with a certificate of eligibility for use of quantity mark on the pre-packaged goods label);

d) Inspection of maintenance of compliance with regulations applied to producers of measuring instruments)

2. Inspection of supervision of production process relating to formulation of and compliance with measuring technique requirements applied to measuring instruments and quantity of pre-packaged goods shall include:

a) Inspection of technical dossier of the measuring instrument and pre-packaged goods (design dossier, technical standards of the measuring instrument or pre-packaged goods);

b) Inspection of the whole production process or a part thereof (from input, intermediate process to creation of the measuring instrument or quantity of pre-packaged goods including the process of packaging, loading, unloading, storage and transport);

c) Inspection of quality of materials (according to the applied standards declared, corresponding measuring technique requirements, use of prohibited materials and materials having potential to cause insecurity for human, animals, plants, assets and environment);

d) Inspection of compliance with requirements for design of technological equipment and measuring instruments, and testing;

dd) Inspection of capacity of employees and technicians as required;

e) Other necessary technical matters

3. Inspection of compliance with measurement requirements

Article 15. Inspection procedures

1. The inspectorate shall present the inspection decision before carrying out the inspection.

2. The inspection shall be conducted as specified in the inspection decision.

3. Inspection of measuring techniques shall be carried out following the procedure below:

a) The inspectorate shall request the producer to provide documents concerning matters to be inspected;

b) According to the documents provided and regulations on state management in measurement, the inspectorate shall carry out observation and inspection as specified in Clause 1 and 2 Article 14 hereof;

c) Inspection of compliance with measurement requirements applied to measuring instruments as specified in Clause 3 Article 14 hereof shall be conducted as follows:

- The chief inspector shall select the specific measurement level and measurement requirements of each measuring instrument and carry out the inspection;

- The number and value of specific levels of measurement and measurement requirements applied to the measuring instrument selected shall have the potential to discover non-compliance with the measurement requirements.

d) Inspection of compliance with measurement requirements applied to quantity of pre-packaged goods shall be carried out as prescribed in Clause 3 Article 14 hereof as follows:

Pursuant to regulations on sampling methods and methods for assessing quantity of pre-packaged goods specified in the Circular on measurement of quantity of pre-packaged goods, the chief inspector shall decide to sample the goods and conduct the inspection.

4. If any non-compliance is found, such non-compliance shall be recorded in writing (according to Form No.5.BBKT provided in the Appendix issued thereto) and handled as specified in Article 16 hereof.

Article 16. Actions taken during inspection in production

1. During inspection in production, if any measuring instrument or quantity of pre-packaged goods fails to comply with the specified requirements or any requirement for production of measuring instruments or pre-packaged goods fail to be satisfied, the inspectorate shall take actions as follows:

a) The inspectorate shall request the producer of measuring instruments or pre-packaged goods to suspend the production and take measures to handle the problem of non-compliance within the time limit specified in the record of non-compliance;

b) The inspectorate shall notify the situation to the presiding authority for issuance a notice of temporary suspension of unconformable measurement (according to Form No.6.TBTDHD) and take actions as authorized within 3 working days; the suspension period specified in the aforesaid notice shall begin from the day on which the inspection record is signed;

c) The presiding authority shall notify the producer in writing that the measurement may continue to be taken (according to Form No.7.TBTTHD provided in the Appendix issued thereto) when such producer has successfully resolved the problem of non-compliance and send a report with proofs to the presiding authority.

2. During inspection in production, if any massive violation against the law committed by the producer is found or the producer continues to commit unlawful acts after taking measures specified in Point a Clause 1 this Article or the producer fails to resolve the problem of non-compliance within the suspension period specified in Point b Clause 1 this Article, the following actions shall be taken according to seriousness of the violation and influence thereof:

a) The inspectorate or presiding authority of inspection shall request the producer to stop the violation immediately;

The chief inspector or representative of the presiding authority shall prepare a sealing record (according to Form No.8.BBNP provided in the Appendix issued thereto) and apply security seal to the measuring instruments, pre-packaged goods and equipment used in measurement that fail to comply with the specified requirements (the security seal is prepared according to Form No.9.TNP provided in the Appendix issued thereto). If the representative of the producer undergoing inspection does not sign the record, the chief inspector or representative of the presiding authority shall specify in the record that "no signature is appended by the producer". The record bearing the signature of chief inspector or representative of presiding authority still has legal validity. The presiding authority shall issue a notice of termination of unconformable measurement (according to Form No.6.6.TBTDHD provided in the Appendix issued thereto) within 3 working days;

c) The presiding authority shall disclose name of the offended producer, name of violation and place in which such violation is committed on local or central mass media (according to Form No.10.TBTTDC provide in the Appendix issue thereto). The presiding authority shall also transfer the violation dossier to the competent person or regulatory agency to ask for violation handling under law provisions;

d) Administrative violations shall be handled as per law provisions.

Chapter IV

INSPECTION OF GOODS ON SALE AND IN USE

Article 17. Entities subject to inspection of goods on sale and in use

1. Measuring instruments on sale or in use

2. Measurement processes

3. Quantity of pre-packaged goods on sale

Article 18. Presiding and cooperating authorities for inspection of goods on sale and in use

1. The Directorate for Standards; Metrology and Quality shall preside over irregular inspection of measuring instruments and quantity of pre-packaged goods nationwide as specified in Clause 1, 2, 3 and 19 hereof.

2. The Sub-department for Standards; Metrology and Quality shall preside over inspection of measuring instruments, measurement methods and quantity of pre-packaged goods available in local authorities as specified in Clause 1, 2 and 3 Article 19 hereof.

3. Provincial People’s Committees shall preside over inspection of measuring instruments, measurements methods and quantity of pre-packaged goods in markets, commercial centers, wholesale and retail stores in provinces as specified in Point a Clause 1, Point d Clause 2, Point a Clause 3 Article 19 hereof.

4. Commune-level People's Committees shall preside over inspection of measurements taken markets, commercial centers, wholesale and retail stores in commune as specified in Point d Clause 2 Article 19 following the procedure provided in Sub-point b.2 Point b Clause 4 and 5 Article 20 hereof.

5. Competent authorities and relevant agencies, organizations and individuals shall cooperate with the presiding authorities specified in Clause 1, 2, 3 and 4 this Article in carrying out inspections of goods on sale and in use.

Article 19. Inspection scope

1. Inspection of measuring instruments includes:

a) Inspection of compliance with regulations on sample approval, validation and calibration as regulated;

b) Inspection of compliance with regulations on description of basic measuring technique requirements on the measuring instrument or goods label or attached documents;

c) Inspection of compliance with conditions for transport, maintenance and storage;

d) Inspection of compliance with measuring technique requirements declared by the producer or importer (for group 1 measuring instruments) or issued by the Directorate for Standards; Metrology and Quality (for group 2 measuring instruments);

2. Inspection of measurement processes includes:

a) Inspection and determination of compliance of measuring instruments and measurement methods used and measuring technique requirements;

b) Inspection of training certificates of the persons taking measurement as regulated;

c) Inspection of compliance with specified conditions for relevant individuals to carry out observation and inspection of measurement processes, measurement methods, measuring instruments and goods quantity;

d) Inspection of the error of the measurement result compared to the allowable error;

dd) The allowable error of the measurement result shall be determined based upon the maximum error allowable of the measuring instrument used for taking the measurement;

e) The Directorate for Standards; Metrology and Quality shall elaborate regulations provided in Clause 2 this Article.

3. Inspection scope for pre-packaged goods includes:

a) Inspection of compliance of the quantity specified in the pre-packaged goods label with the specified requirements;

b) Inspection of compliance of the quantity mark on the pre-packaged goods label with the specified requirements (for group 2 pre-packaged goods);

c) Inspection of compliance of goods quantity in reality.

Article 20. Procedures for inspection of goods on sale and in use

1. The inspectorate shall present the inspection decision before carrying out inspection. In case of special inspection as specified in Chapter VI hereof, the inspectorate may take samples for inspection before presenting the inspection decision.

2. The inspection shall be conducted as specified in the inspection decision.

3. The inspectorate shall request the entity undergoing inspection to provide documents concerning conditions for transport, maintenance, storage and use and requirements for measuring techniques of the measuring instrument or pre-packaged goods to be inspected;

4. According to the documents provided and regulations on state management in measurement, the inspectorate shall conduct inspection measuring techniques following the procedure below:

a) With regard to measuring instruments

- Observe and check matters specified in Point a, b and c Clause 1 Article 19 hereof;

- Check matters specified in Point d Clause 1 Article 10 hereof: The chief inspector shall select specific level of measurement and measuring technique requirement applied to the measuring instrument; the number and value of the aforesaid level and requirement selected shall be used most in the measurement or have potential to determine non-compliance with requirements for measuring techniques;

b) With regard to measurement processes

b.1) Carry out inspection of matters specified in Point c, b and c Clause 2 Article 19 hereof;

b.2) Check the error of the chief inspector shall select the number and value of goods or service to be measured for inspection purpose; the goods or services selected shall be the one measured the most or have potential to discover unconformable error of the measurement result.

c) With regard to quantity of pre-packaged goods

- Carry our observation and inspection of matters specified in Point a and b Clause 3 Article 19 hereof;

- Carry out inspection of matters specified in Point c Clause 3 Article 19 as follows: Based upon regulations on sampling methods and methods for assessing quantity of pre-packaged goods specified in the Circular on measurement of quantity of pre-packaged goods, the chief inspector shall decide to take samples and conduct the inspection.

5. If any non-compliance is found, such non-compliance shall be recorded in writing (according to Form No.5.BBKT provided in the Appendix issued thereto) and handled as specified in Article 21 hereof.

Article 21. Actions taken during inspection of products on sale and in use

1. During inspection of products on sale and in use, if any measuring instrument, measurement process, quantity of pre-packaged goods fails to comply with the specified requirements, the following actions shall be taken according to the level of non-compliance and its influence:

a) The inspectorate shall request the seller of measuring instruments or pre-packaged goods to suspend the sale and cooperate with the producer and importer of such instruments and goods in taking measures to handle the problem of non-compliance within the time limit specified in the record of non-compliance;

b) The inspectorate shall request the user of the measuring instrument or person taking measurement to suspend their actions and take measures to handle the problem of non-compliance within the time limit specified in the record of non-compliance;

c) The inspectorate shall notify the situation to the presiding authority for issuance of a notice of temporary suspension of improper measurement (according to Form No.6.TBTDHD) and take actions as authorized within 3 working days; the suspension period specified in the aforesaid notice shall begin from the day on which the inspection record is signed;

d) The presiding authority shall notify in writing that the measurement may continue to be taken (according to Form No.7.TBTTHD provided in the Appendix issued thereto) provided that the entity of which operation is suspended has successfully resolved the problem of non-compliance and send a report with proofs to the presiding authority.

dd) Actions shall be taken as prescribed in Clause 2 this Article.

2. During inspection of products on sale and in use, if any massive violation against the law is found or the entity continues to commit unlawful acts after taking measures specified in Point a Clause 1 this Article or fails to resolve the problem of non-compliance within the suspension period specified in Point c Clause 1 this Article, the inspectorate shall take the following actions according to seriousness of the violation and influence thereof:

a) The inspectorate or presiding authority shall request the offender to terminate the violation;

b) The chief inspector or representative of the presiding authority shall prepare a sealing record (according to Form No.8.BBNP provided in the Appendix issued thereto) and apply security seal to the unconformable measuring instruments, measurement standards, pre-packaged goods and equipment used in measurement (the security seal applied according to Form No.9.TNP provided in the Appendix issued thereto). If the representative of the entity undergoing inspection does not sign the record, the chief inspector or representative of the presiding authority shall specify in the record that "no signature is appended". The record bearing the signature of chief inspector or representative of presiding authority still has legal validity. The presiding authority shall issue a notice of termination of unconformable measurement (according to Form No.6.6.TBTDHD provided in the Appendix issued thereto) within 3 working days;

c) The presiding authority shall disclose name of the offender, name of violation and place in which such violation is committed on local or central mass media (according to Form No.10.TBTTDC provide in the Appendix issue thereto). The presiding authority shall also transfer the violation dossier to the competent person or competent regulatory agency to ask for violation handling under law provisions;

d) Administrative violations shall be handled as per law provisions.

3. If any measuring instrument or quantity of pre-packaged goods imported is found not comply with law provisions on measurements during inspection of products on sale and in use, the presiding authority of inspection shall take actions as authorized and notify in writing to the Directorate for Standards; Metrology and Quality. According to the seriousness and influence of the violation, the Directorate for Standards; Metrology and Quality shall consider and notify in writing to the Sub-department for Standards; Metrology and Quality and customs authorities of place in which the goods are imported that they shall increase inspection of goods at the border checkpoint as specified in Chapter II hereof or request the competent regulatory agencies to issue a decision on temporary suspension or termination of import of such measuring instrument or pre-packaged goods.

4. If any domestic measuring instrument or quantity of pre-packaged goods is found not comply with law provisions on measurements during inspection of products on sale and in use, the presiding authority of inspection shall take actions as authorized and conduct inspection in production; if such instruments or goods are produced in another local authority, notify the Directorate for Standards; Metrology and Quality and presiding authority of inspection of the place in which the goods/instruments are produced that they shall conduct inspection in production as specified in Chapter III hereof.

5. If the process of validation, calibration or testing is found not comply with law provisions on measurement during inspection of products on sale and in use, the presiding authority shall take actions as authorized and carry out irregular inspection of such validation, calibration and testing; if the aforesaid validation, calibration and testing are conducted by the validation, calibration and testing body of which the headquarters is registered in another place, notify in writing to the Directorate for Standards; Metrology and Quality and presiding authority of inspection of the area in which the headquarters mentioned above is registered that they shall conduct inspection of the aforesaid under regulations provided in Chapter V hereof.

Chapter V

INSPECTION OF VALIDATION, CALIBRATION AND TESTING PROCESS

Article 22. Entities subject to inspection

1. Maintenance and use of national standards

2. Process of validation, calibration and testing of measuring instruments and measurement standards.

Article 23. Presiding authorities of inspection of validation, calibration and testing process

1. Directorate for Standards; Metrology and Quality shall preside over inspection of the measurement specified in Article 22 hereof.

2. The Sub-department for Standards; Metrology and Quality shall preside over inspection of the measurement specified in Clause 2 Article 22 hereof in local authorities.

Article 24. Inspection scope

1. Inspection of maintenance and use of national standards includes:

a) Inspection of eligibility for operation of the organization appointed to maintain national standards as regulated;

b) Inspection of compliance with regulations on maintenance and use of national standards by the aforesaid organization;

c) Inspection of calibration or comparison of national standards with internal standards or foreign standards that have been calibrated or compared with international standards;

d) Inspection of calibration or comparison for the purpose of improving the accuracy of the measurement standards with lower level of accuracy based upon that of the national standards.

2. Inspection of validation, calibration and testing process includes:

a) If the place in which the validation, calibration and testing are conducted is not the one where the headquarters of the validation, calibration and testing body is registered, the inspection shall be carried out as follows:

- Check the compliance with requirements applied to the main standards, working standards and other techniques and material facility conditions;

- Check the compliance with requirements applied to employees in charge of validation, calibration and testing;

- Check the compliance with regulations on procedures for validation, calibration and testing of measuring instruments and measurement standards

b) If the place in which the validation, calibration and testing are conducted is the one where the headquarters of the validation, calibration and testing body is registered, the inspection shall be carried out as follows:

- Check the registration of provision of validation, calibration and testing services or request suspension of validation, calibration and testing;

- Check the document proving the registration (for providers of validation, calibration and testing services), appointment document, document on certification of measurement inspector, document on certification of measurement standards (for appointed validation, calibration and testing body);

- Check matters specified in Point a Clause 2 this Article;

- Check compliance with other requirements for provision of validation, calibration and testing services;

- Check to see whether the validation, calibration and testing services provided are consistent with the ones registered or appointed and if such services comply with other law provisions on measurements.

Article 25. Procedures for inspection of validation, calibration and testing services

1. The inspectorate shall present the inspection decision before carrying out inspection. In case of special inspection as specified in Chapter VI hereof, the inspectorate is entitled to check necessary techniques before presenting the inspection decision.

2. The inspection shall be conducted as specified in the inspection decision.

3. Inspection technique and procedure:

a) The inspectorate shall request the entity undergoing inspection to provide documents concerning maintenance and use of national standards and validation, calibration and testing services;

b) According to the documents provided and regulations on state management in measurement, the inspectorate shall carry out observation and inspection as specified;

c) Inspection techniques and methods

- Apply assessment method and follow the assessment procedures to appoint the organization maintaining national standards specified in Circular No.14/2013/TT-BKHCN dated July 12, 2013 of the Minister of Science and Technology to conduct inspection of maintenance and use of national standards;

- Apply assessment method and follow the assessment procedures to appoint the providers of validation, calibration and testing services specified in Circular No.24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science to conduct inspection of validation, calibration and testing services;

4. If any non-compliance is found, such non-compliance shall be recorded in writing (according to Form No.5.BBKT provided in the Appendix issued thereto) and handled as specified in Article 26 hereof.

Article 26. Actions taken during inspection of validation, calibration and testing services

1. If any non-compliance is found during inspection of maintenance and use of national standards, the inspectorate shall take actions as follows:

a) The inspectorate shall request the organization appointed to maintain national standards to temporarily suspend the use of such national standards and take measures to handle the non-compliance problem within the time limit specified in the record of measurement inspection;

b) The inspectorate shall inform the Directorate for Standards; Metrology and Quality for handling purpose under provisions on national standards for measurement within 3 working days;

c) Any administrative violation found shall be handled as per law provisions.

2. If any non-compliance with the specified requirements is found during inspection of validation, calibration and testing services, the inspectorate shall take actions as follows:

a) The inspectorate shall request the employees carrying out validation, calibration and testing and providers of such services to temporarily suspend provision of the aforesaid services and take measures to handle the problem of non-compliance within the time limit specified in the record of measurement inspection;

b) The inspectorate shall notify the situation to the presiding authority for issuance of a notice of temporary suspension of unconformable measurement (according to Form No.6.TBTDHD) and take actions as authorized within 3 working days; the suspension period specified in the aforesaid notice shall begin from the day on which the measurement inspection record is signed;

The validation, calibration and testing process shall continue to take place if the problem of non-compliance is successfully resolved as required by the inspectorate and reported in writing to the presiding authority.

3. If any massive violation against the law is found or the offender continues to commit unlawful acts after having been required to take measures specified in Clause 2 this Article or fails to resolve the problem of non-compliance within the suspension period specified in Point b Clause 2 this Article, the inspectorate shall take the following actions according to seriousness of the violation and influence thereof:

a) The inspectorate or presiding authority of inspection shall request the offender to terminate the violation;

b) The chief inspector or representative of the presiding authority shall prepare a sealing record (according to Form No.8.BBNP provided in the Appendix issued thereto) and apply security seal to unconformable measurement standards and equipment used for validation, calibration and testing (the security seal applied according to Form No.9.TNP provided in the Appendix issued thereto). If the employee conducting validation, calibration and testing services or representative of the provider of the aforesaid services does not sign the inspection record, the chief inspector or representative of the presiding authority shall specify in the record that "no signature is appended". The record bearing the signature of chief inspector or representative of presiding authority still has legal validity. The presiding authority shall issue a notice of termination of unconformable measurement within 3 working days;

c) The inspectorate or presiding authority shall transfer the violation dossier to the Directorate for Standards; Metrology and Quality for handling purpose under law provisions on national standards for measurement within 3 working days;

The document transferred to the Directorate for Standards; Metrology and Quality includes an inspection decision; inspection record, documents and evidence proving the validation, calibration and testing services fail to comply with the specified requirements; sealing record; notice of suspension of validation, calibration and testing process; administrative violation record; proposal for violation handling under law provisions on measurement sent to the Directorate for Standards; Metrology and Quality by the presiding authority.

The Directorate for Standards; Metrology and Quality shall take actions as authorized and notify the result to the presiding authority of inspection for cooperation;

d) Administrative violations shall be handled as per law provisions.

Chapter VI

SPECIAL INSPECTION

Article 27. Entities subject to special inspection

1. Measuring instruments used for petrol measurement

2. Petrol measurement processes

3. Validation, calibration and testing process

4. The entities subject to special inspection shall be decided by the Minister of Science and Technology according to requirements for state management of measurement in each specific period.

Article 28. Special inspection authorities

1. The Ministry of Science and Technology shall conduct special inspection nationwide based upon measurement state management requirements nationwide and recommendation of the Directorate for Standards; Metrology and Quality, other ministries, ministerial agencies and provincial People’s Committees.

2. Provincial People’s Committees shall conduct special inspection in provinces based upon measurement state management requirements in provinces and recommendation of Sub-department for Standards; Metrology and Quality affiliated to provincial Department of Science and Technology and other entities in provinces.

Article 29. Presiding authorities of special inspection

1. The Sub-department for Standards; Metrology and Quality shall preside over special inspection of measuring instruments used for petrol measurement and petrol measurement processes in local authorities.

2. The Directorate for Standards; Metrology and Quality shall preside over special inspection of measuring instruments used for petrol measurement, petrol measurement processes and validation, calibration and testing process nationwide.

Article 30. Scope of special inspection

The presiding authority shall carry out special inspection according to inspection subjects and scope assigned and decide the inspection matters depending on the inspection type (inspection in use or inspection of validation, calibration and testing process) specified in Chapter IV or V hereof.

Article 31. Means of special inspection

1. Means of special inspection include dedicated vehicles, technical instruments and equipment used for sampling purpose.

2. Dedicated vehicles, technical instruments and equipment specified in Clause 1 this Article shall be equipped and used following technical instructions provided by the Directorate for Standards; Metrology and Quality, producers and importers.

3. If the dedicated vehicles used for special inspection are required to be reformed or camouflaged, such reform or camouflage shall comply with regulations in Circular No.29/2012/TT-BGTVT dated July 30, 2012 of the Minister of Transport providing for regulations on reform of motorized road vehicles and other relevant law provisions.

Article 32. Special inspection procedures

1. The inspectorate may use dedicated means of special inspection for sampling and inspection purpose before presenting the inspection decision. The decision on state inspection of measurement shall specify the inspection mode is special inspection.

2. The next steps for inspection shall be taken following the procedure corresponding to the inspection type (inspection in use or inspection of validation, calibration and testing process) specified in Chapter IV or V hereof.

3. The results of inspection conducted by using means of special inspection shall be used as a legal basis for handling violations against regulations on measurements.

4. Handling of violations during special inspection shall comply with regulations on handling of violations during inspection corresponding to the inspection type (inspection in use or inspection of validation, calibration and testing process) specified in Chapter IV or V hereof.

Article 33. Provision, maintenance and use of dedicated means of special inspection and sampling for special inspection

1. Dedicated vehicles, technical instruments and equipment used for special inspection shall be provided as specified in the task or project approved by the competent authority. The special inspection authority shall carry out the inspection following the procedure specified in current state regulations on goods bidding and purchase.

2. Management and use of dedicated vehicles, technical instruments and equipment used for special inspection shall comply with law provisions on management of state assets.

3. Funding for provision, maintenance and use of the aforesaid vehicles and equipment shall be allocated in annual estimate of state budget expenditure of the Ministry of Science and Technology and People’s Committees of provinces and centrally-affiliated cities (hereinafter referred to as “provincial”).

4. Funding for sampling serving special inspection shall be allocated as specified in Article 18 of Decree No.86/2012/ND-CP dated October 19, 2012 of the Government on guidelines for enforcement of a number of Articles of the Law on Measurement and Joint Circular No.28/2010/TTLT-BTC-BKHCN dated March 03, 2010 of the Ministry of Finance and Ministry of Science and Technology providing for guidelines on management and use of funding for state inspection of goods quality. Funding for sampling serving special inspection shall be given to the authority conducting special inspection according to annual or irregular special expenditure task.

Chapter VII

RESPONSIBILITIES OF REGULATORY AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 34. Responsibilities of Directorate for Standards; Metrology and Quality

1. Issue measurement technique documents on procedures for inspection of measurement techniques applied to each specific item.

2. Carry out state inspection of measurement as assigned in Decree No.86/2012/ND-CP dated October 19, 2012 of the Government providing guidelines for enforcement of a number of Articles of the Law on Measurement and this Circular.

3. Approve training programs and teaching material and hold training courses in state inspection of measurement.

4. Provide guidelines on professional inspection skills and techniques for Sub-department for Standards; Metrology and Quality and district-level People's Committees.

5. Check state inspection of measurement carried out by the Sub-department for Standards; Metrology and Quality and district-level People’s Committees.

6. Consolidate and process the inspection results and send annual or irregular reports on state inspection of measurement to the Ministry of Science and Technology as required.

Article 35. Responsibilities of provincial Departments of Science and Technology

1. Approve inspection plans and provide funding for state inspection of measurement carried out by the Sub-department of Standards; Metrology and Quality and implement the approved plans.

2. Instruct its affiliated Scientific and Technological Inspectors to cooperate in handling violations against law provisions on measurements during state inspection of measurement as regulated.

3. Send annual or irregular reports on state inspection of measurement in provinces to the Ministry of Science and Technology and provincial People's Committees as required.

Article 36. Responsibilities of Sub-department for Standards; Metrology and Quality

1. Take charge of state management in measurement in provinces as authorized under regulations provided herein.

2. Prepare and send annual plans for state inspection of measurement to the Department of Science and Technology for approval purpose.

3. Carry out state inspection of measurement as assigned in Decree No.86/2012/ND-CP dated October 19, 2012 of the Government providing guidelines for enforcement of a number of Articles of the Law on Measurement and this Circular; handle complaints and denunciations on measurements as per law provisions.

4. Provide guidelines on professional techniques for state inspection of measurement for entities conducting inspection in districts and communes and regulatory agencies and other relevant organizations and individuals.

5. Carry out periodic verification and supervision of state inspection of measurement conducted by district-level People's Committees.

6. Send annual or irregular reports on state inspection of measurement in provinces to the Directorate for Standards; Metrology and Quality and Department of Science and Technology as required.

Article 37. Responsibilities of district-level People's Committees

1. Take charge of state management in measurement in districts as authorized under regulations provided herein.

2. Approve annual plans for state inspection of measurement in districts after gaining opinions from the Department of Science and Technology.

3. Provide funding for state inspection of measurement.

4. Take charge and cooperate with regulatory agencies and relevant entities in state inspection of measurement as assigned in Decree No.86/2012/ND-CP dated October 19, 2012 of the Government providing for guidelines on enforcement of a number of Article of the Law on Measurement and as regulated herein.

5. Handle complaints, denunciations and violations against law provisions on measurement as regulated by laws.

6. Send annual or irregular reports on state inspection of measurement in districts to the Department of Science and Technology as required.

Article 38. Responsibilities of commune-level People's Committees

1. Take charge of state management in measurement in communes as authorized under regulations provided herein.

2. Cooperate with the Sub-department for Standards; Metrology and Quality and relevant agencies in carrying out inspection of measurement in communes as per law provisions and inspection of handling of problems of non-compliance by the entities undergoing inspection as specified in the notice issued by the presiding authority of inspection.

3. Disseminate provisions on state inspection of measurement specified herein.

4. Handle complaints, denunciations and violations against law provisions on measurement as regulated by laws.

Article 39. Responsibilities of regulatory agencies and other relevant organizations and individuals

1. Border-checkpoint customs authorities shall notify and instruct the importers to register state inspection of measurement in case of import of measuring instruments and pre-packaged goods as prescribed herein.

2. Scientific and technological inspection authorities, public security forces, customs authorities, market management agencies and other competent regulatory agencies shall cooperate with the authority conducting state inspection of measurement and handle violations as per law provisions.

3. Regulatory agencies and other relevant organizations and individuals shall cooperate in state inspection of measurement as assigned in Decree No.86/2012/ND-CP dated October 19, 2012 of the Government providing for guidelines on enforcement of a number of Articles of the Law on Measurement and as regulated herein.

Article 40. Responsibilities of entities undergoing inspection

1. Fulfill requirements given by the inspectorate during inspection and abide by the inspection conclusion of the competent person or authority.

2. Take initiative in checking and monitoring the process of production, import, sale and use of measurement standards, measuring instruments and quantity of pre-packaged goods; process of measurement; validation, calibration and testing of measuring instruments and measurement standards used to ensure compliance with specified requirements.

3. Immediately terminate illegal acts and take measures to recover the consequences within the time limit required. Do not disperse and hide or use or change the products to be inspected without any conclusion and permission of the inspection authority.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 41. Implementation provisions

1. This Circular comes into force from June 01, 2014.

2. Decision No.31/2002/QD-BKHCNMT dated May 17, 2002 of the Minister of Science, Technology and Environment (now is Ministry of Science and Technology) on regulations on metrology for measurement techniques used in retail will cease to take effect.

Article 42. Implementation

1. In case the state inspection of measurement is conducted in conjunction with state inspection of goods quality, the inspection authority shall carry out the aforesaid inspection in compliance with regulations provided herein and law provisions on inspection of quality of goods and products.

2. The Directorate for Standards; Metrology and Quality shall take responsibility to provide guidelines for implementation of this Circular.

3. Regulatory agencies and relevant organizations and individuals shall take responsibility to implement this Circular.

4. Should any question or difficulty arise during implementation, the entities concerned shall inform the Ministry of Science and Technology (through the Directorate for Standards; Metrology and Quality) for further instructions./.

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