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THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 140/2004/QD-TTg
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Hanoi,
August 5, 2004
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DECISION
DEFINING THE FUNCTIONS, TASKS, POWERS AND
ORGANIZATIONAL STRUCTURE OF THE GENERAL DEPARTMENT OF STANDARDIZATION,
METROLOGY AND QUALITY CONTROL
THE PRIME MINISTER
Pursuant to the Law on
Organization of the Government of December 25, 2001;
Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002
defining the functions, tasks, powers and organizational structures of the
ministries and ministerial-level agencies;
Pursuant to the Government's Decree No. 54/2003/ND-CP of May 19, 2003 defining
the functions, tasks, powers and organizational structure of the Ministry of Science
and Technology and Decree No. 28/2004/ND-CP of January 16, 2004 amending and
supplementing a number of articles of the Government's Decree No. 54/2003/ND-CP
of May 19, 2003 defining the functions, tasks, powers and organizational
structure of the Ministry of Science and Technology;
At the proposals of the Minister of Science and Technology and the Minister of
Home Affairs,
DECIDES:
Article 1.- Position and
functions
The General Department of
Standardization, Metrology and Quality Control is an agency attached to the
Ministry of Science and Technology, performing the function of State management
over standardization, metrology as well as product and goods quality according
to law provisions.
The General Department of
Standardization, Metrology and Quality Control has the legal person status and
its seal bearing the national emblem, is a grade II-budget estimating unit and
has its own accounts. The General Department is headquartered in Hanoi city.
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The General Department of Standardization,
Metrology and Quality Control shall perform the tasks and exercise the powers
according to law provisions on standardization, metrology as well as product
and goods quality, other relevant law provisions, as well as the following
specific tasks and powers:
1. To elaborate and submit to
the Minister of Science and Technology legal documents on standardization,
metrology as well as product and goods quality; to guide and organize the
implementation thereof after they are promulgated.
2. To elaborate and submit to
the Minister of Science and Technology development policies, strategies,
plannings, plans and measures on standardization, metrology as well as product
and goods quality; to guide and organize the implementation thereof after they
are approved.
3. Regarding standardization:
a/ To assist the Minister of
Science and Technology in performing the uniform State management over the
system of Vietnamese standards, including:
- To elaborate and submit to the
Minister of Science and Technology Vietnamese standards;
- To submit to the Minister of
Science and Technology documents guiding the application of Vietnamese
standards, international standards and foreign standards in Vietnam;
- To submit to the Minister of
Science and Technology the list of products and goods subject to the
application of Vietnamese standards, the list of products and goods subject to
Vietnamese-standard compatibility certification.
b/ The General Department of
Standardization, Metrology and Quality Control shall perform the following
tasks:
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- To assume the prime
responsibility for participating in the elaboration of international and regional
standards according to law provisions.
4. Regarding metrology:
a/ To assist the Minister of
Science and Technology in performing the uniform State management over the
system of measurement standards, including:
- To submit to the Minister of
Science and Technology the plan on development of the national system of
measurement standards; to assign agencies to keep and preserve national
measurement standards;
- To submit to the Minister of
Science and Technology for promulgation the regulations on measurements and
measuring methods, and the regulations requesting the measurement organizations
and individuals to create favorable conditions for measuring device-users to
inspect measurements and measuring methods.
b/ The General Department of
Standardization, Metrology and Quality Control shall perform the following
tasks:
- To keep and preserve national
measurement standards;
- To build and manage the system
of national measurement standards; to guide ministries, branches and localities
in building the system of measurement standards;
- To organize and manage the
expertise and standardization of measuring devices, recognize the capability to
expertise measuring devices;
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- To grant and withdraw
measurement expert's cards.
5. Regarding product and goods
quality:
a/ To assist the Minister of
Science and Technology in performing the uniform State management over the
quality of domestically circulated products and goods as well as export and
import goods, including:
- To submit to the Minister of
Science and Technology for prescription the principles, conditions and criteria
of the quality-recognizing, -certifying and -expertising organizations;
- To submit to the Minister of
Science and Technology for prescription the quality-publicizing, -recognizing
and -certifying activities;
- To submit to the Minister of
Science and Technology the list of products and goods subject to State inspection
over quality, bases for inspection, and the list of organizations designated to
inspect product and goods quality;
- To submit to the Minister of
Science and Technology for prescription the settlement of disputes over product
and goods quality according to law provisions;
- To assist the Minister of
Science and Technology in assuming the prime responsibility for, and
coordinating with the concerned ministries and branches in, signing and
implementing international agreements and treaties on mutual recognition in
quality-recognizing and -certifying activities.
b/ The General Department of
Standardization, Metrology and Quality Control shall perform the following
tasks:
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- To assess, recognize and
designate technical service organizations to participate in the State
management over the quality of products and goods under the managing competence
of the Ministry of Science and Technology;
- To coordinate with the
concerned State agencies in designating technical service organizations to
participate in the State management over the quality of products and goods
under the managing competence of such agencies;
- To guide the
quality-publicizing, -recognizing and -certifying activities.
6. To organize and conduct
scientific research, professional and technical training and fostering,
technology testing and transfer; to provide information, propagation and
consultancy on standardization, metrology, quality, productivity, numeral codes
and bar codes.
7. To enter into international
cooperation on standardization, metrology, quality, productivity, numeral codes
and bar codes according to law provisions; to represent Vietnam in
international and regional organizations under decisions of competent State
agencies.
8. To inspect, examine and
handle according to its competence violations of the legislation on
standardization, metrology, quality, numeral codes and bar codes.
9. To manage the collection of
charges, fees and other remittances in standardization, metrology and quality
activities and relevant domains according to law provisions.
10. To provide professional and
technical guidance and examination to the standardization, metrology and
quality agencies of ministries, branches, localities and establishments.
11. To guide and inspect
activities of the standardization, metrology and quality control service
non-business organizations.
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13. To manage organizational
apparatus, officials and public employees as well as laborers of the General
Department according to the Science and Technology Ministry's management
decentralization and the State's regulations.
14. To manage finance and assets
of the General Department according to law provisions.
15. To be entitled to directly
contact relevant State agencies according to law provisions or under
authorization of the Minister of Science and Technology.
16. To perform other tasks
assigned by the Minister of Science and Technology.
Article 3.- Organizational
structure
a/ Organizations assisting the
General Director:
1. The Standardization
Department;
2. The Metrology Department;
3. The Department for
Compatibility Assessment;
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5. The International Cooperation
Department;
6. The Organization and
Personnel Department;
7. The Inspectorate;
8. The Office;
9. The Department for Goods
Quality Management (with two dependent Sub-Departments: The Goods Quality
Management Sub-Department based in Da Nang city and the Goods Quality
Management Sub-Department based in Ho Chi Minh city; the goods quality
inspection units located at international border gates under the Science and
Technology Minister's decisions after the Prime Minister's permission is
obtained).
b/ Non-business units:
1. Vietnam Quality Standards
Center;
2. Vietnam Metrology Center;
3. The Standardization,
Metrology and Quality Control Center 1, based in Hanoi city;
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5. The Standardization,
Metrology and Quality Control Center 3, based in Ho Chi Minh city;
6. The Standardization,
Metrology and Quality Control Notification Authority and Inquiry Point (called
Vietnam TBT Point for short).
The other non-business units
under the General Department of Standardization, Metrology and Quality Control
shall be reorganized under decisions of the Minister of Science and Technology
according to law provisions.
The Minister of Science and
Technology shall prescribe the organization and operation of the units
specified in Article 3 of this Decision.
Article 4.- The leadership of the
General Department
The General Department of
Standardization, Metrology and Quality Control is composed of the General
Director and no more than three deputy-general directors. The General Director
shall be appointed and dismissed by the Prime Minister at the proposal of the
Minister of Science and Technology. The General Director shall be answerable to
the Minister of Science and Technology and law for all activities of the
General Department of Standardization, Metrology and Quality Control.
Deputy-general directors of the
General Department of Standardization, Metrology and Quality Control shall be
appointed and dismissed by the Minister of Science and Technology at the
proposal of the General Director, and be answerable to the General Director and
law for their assigned working domains.
Article 5.- Implementation effect
and responsibilities
This Decisions takes effect 15
days after its publication in the Official Gazette.
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PRIME MINISTER
Phan Van Khai