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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
16/1999/PL-UBTVQH10
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Hanoi,
September 06, 1999
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ORDINANCE
ON MEASUREMENT
To make the measurement uniform and accurate
so as to contribute to ensuring the social justice, protecting the legitimate
rights and interests of all organizations and individuals; to raise the
products’ and goods’ quality; to thriftily use natural resources, materials and
energy; to ensure safety; to protect the people’s health and environment; to
boost the scientific and technological development; to enhance the State
management efficiency; and to create favorable conditions for international
exchange;
Pursuant to 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to Resolution of the Xth National Assembly, 4th session, on the
legislative programs for its whole term as well as for 1999;
This Ordinance provides for the measurement,
Chapter I
GENERAL PROVISIONS
Article 1.- Measurement
is the determination of the value of a quantity to be measured.
This Ordinance stipulates the lawful measuring
units and standards; the expertise and standardization of measuring devices;
the measuring methods and quantitatively pre-packed goods; the production,
trading, import and export of measuring devices.
Article 2.- The State
shall exercise unified management of measurement on the basis of this
Ordinance, other law provisions and international agreements which the
Socialist Republic of Vietnam has signed or acceded to so as to ensure the
principles of uniformity, accuracy, truthfulness and gradual modernization.
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Vietnam Fatherland Front and its member
organizations shall, within the ambit of their tasks and powers have to
propagandize, educate and mobilize people to implement and supervise the
implementation of the legislation on measurement.
Article 3.- All
organizations and individuals have the right to lodge their complaints and
individuals have the right to make denunciations against acts of violating the
legislation on measurement. All organizations and individuals have the right to
propose to the competent State agencies measures to raise the efficiency of the
measurement activities. The competent State agencies shall have to promptly
settle complaints, denunciations and proposals according to the provisions of
law.
Article 4.- To strictly
prohibit all acts of fraudulence in the measurement activities.
Chapter II
LAWFUL MEASURING UNITS
AND STANDARDS
Article 5.- The lawful
measuring units are those recognized and allowed to be used by the State.
The State of the Socialist Republic of Vietnam
recognized the international system of measuring units (abbreviated as SI
according to international practices).
The Government shall define the lawful measuring
units in conformity with the SI.
Article 6.-
Organizations and individuals engaged in measurement and measurement-related
activities shall have to use the lawful measuring units. For special cases they
may use other units under the Government’s stipulations.
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Article 7.- A measuring
standard is a technical means used to reflect the measuring unit and serves as
the standard to determine the value of a quantity reflected on the measuring
device.
A substance or material standard sample is a
special form of the measuring standard to determine the composition and
characteristics of the substance or material.
The measuring standard system for each field of measurement
includes the national standards and standards with lower precision.
Article 8.- A national
standard is the nation’s measuring standard with the highest precision, which
is approved by the Government for use as the prototype standard for determining
the value of the remaining standards of a field of measurement. The national
standards must be combined with international standards through their
periodical comparison directly with international standards or indirectly with
foreign standards.
The national standards shall be established in
line with the development level of the national economy as well as the
development trend of metrological development in the world.
The Government shall define the agency in charge
of the maintenance, preservation and exploitation of the national standards.
Article 9.- Branches,
research institutions, production and business establishments, and other
establishments shall equip themselves with measuring standards of necessary
precision and combine them with the national standards as required by their own
activities. The State management agency in charge of measurement shall create
favorable conditions for these standards to be combined with the national ones
through the standardization by the recognized standardization offices as
stipulated in Article 17 of this Ordinance.
Chapter III
EXPERTISE OF MEASURING
DEVICES
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Expertise of measuring devices (hereafter
referred to as expertise) means the determination and certification of
measuring devices that fully meet the set requirements by organizations
competent or authorized to expertise.
Article 11.- Measuring
devices used for the following purposes must be expertised:
1. Goods and service quantification in trade and
payment;
2. Ensuring safety, protecting people’s health
and environment;
3. Juridical expertise, in service of other
public-duty activities of the State. The State management agency in charge of
measurement shall define organizations competent or authorized to expertise
measuring devices, list of measuring devices to be expertised, expertising
regime and requirements for measuring devices which must be expertised.
Article 12.- The
expertise regime comprises initial expertise, periodical expertise and
extraordinary expertise.
1. Initial expertise is the first-time expertise
of measuring devices after their production or import.
2. Periodical expertise is the cyclic expertise
of measuring devices being in use.
3. Extraordinary expertise is the expertise of
measuring devices after their repair; at the request of organizations and/or
individuals using those devices; and in service of the measurement inspection,
juridical expertise or other public-duty activities of the State.
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The procedures for measuring device expertise
registration shall be stipulated by the State management agency in charge of
measurement.
Article 14.- Those
measuring devices that meet the set requirements shall bear the expertise seal
and stamp or granted expertise certificate, or shall be sealed and stamped and
concurrently granted expertise certificate according to the stipulations of the
State management agency in charge of measurement.
Article 15.-
1. The use of measuring
devices on the list of those which must be expertised is prohibited in the
following cases where:
a/ They have no expertise seal, stamp or
certificate;
b/ The expertise seal, stamp or certificate are
no longer effective;
c/ The measuring devices are inaccurate, out of
order or no longer meet the set requirements.
2. To prohibit the falsification of expertise
seals, stamps and certificates or the use thereof for deceitful or fraudulent
purpose.
Chapter IV
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Article 16.-
Standardization is the comparison of a quantity’s value reflected by a
measuring device with the corresponding value reflected by the measuring
standard.
The standardization shall apply to measuring
devices used as standards and measuring devices outside the list of those which
must be expertised; particularly for standards used in expertise, the
expertising regime shall apply.
The standardization of measuring devices shall
be effected by standardization offices.
The standardization offices shall take
responsibility for the standardization results.
Article 17.- A
standardization office which is appraised and recognized by the competent
recognizing organization to be qualified for standardization in a specific
field of measurement shall be called the recognized standardization office.
The State management agency in charge of
measurement shall define the competent recognizing organization as well as
conditions and procedures for recognition of standardization offices.
Article 18.- The State
encourages and creates favorable conditions for scientific and technological
research institutions as well as production and business establishments to
develop the standardization activities; set up the recognized standardization
offices to ensure the uniformity and necessary precision of measuring devices,
thus meeting the establishments’ production, business and scientific research
requirements.
Chapter V
MEASURES AND
QUANTITATIVELY PRE-PACKED GOODS
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The State management agency in charge of
measurement shall specify the measures and measuring methods stipulated in this
Article.
Article 20.-
Quantitatively pre-packed goods are those goods which are quantitatively
measured and packed not to the witness of customers.
The State encourages the trading of
quantitatively pre-packed goods.
Organizations and individuals that produce
and/or trade in quantitatively pre-packed goods shall have to ensure the
correct quanta of the pre-packed goods.
Article 21.- The
quantities of pre-packed goods must be clearly inscribed on their packings.
The differences between the actual goods
quantities and those inscribed on the packings must not exceed the permitted
limit.
The State management agency in charge of
measurement shall prescribe the list of quantitatively pre-packed goods and
control the permitted differences between the actual goods quantities and those
inscribed on the packings as well as the corresponding inspection method.
Chapter VI
PRODUCTION, TRADING,
EXPORT AND IMPORT OF MEASURING DEVICES
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Organizations and individuals that produce
and/or import measuring devices on the list to be expertised, measuring devices
for commercial purposes shall have to comply with the measuring device samples
already approved by the State management agency in charge of measurement.
The State management agency in charge of
measurement shall prescribe the approval of measuring device samples.
Article 23.-
Organizations and individuals dealing in measuring devices on the list of those
which must be expertised may only trade in the expertised measuring devices.
Article 24.- The State
encourages organizations and individuals to export measuring devices.
The export measuring devices shall be produced
under the agreement reached among the concerned parties.
Chapter VII
STATE MANAGEMENT OVER
MEASUREMENT
Article 25.- The
contents of State management over measurement include:
1. Drawing up the planning and plans on
measurement; elaborating, promulgating and organizing the implementation of
legal documents, policies, criteria and procedures on measurement; guiding and
inspecting the implementation of these documents;
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3. Determining the lawful measuring units;
establishing and managing the measuring standard system; defining measures and
measuring methods;
4. Organizing expertise activities; conducting
the expertise and authorizing the expertise of measuring devices;
5. Guiding, organizing and developing the
standardization of measuring devices; organizing the recognition of
standardization offices and certification of standard samples;
6. Organizing and managing the approval of
samples of measuring devices for the production and import thereof;
7. Organizing the study and application of
scientific and technological advances in the field of measurement;
8. Organizing the measurement personnel
training, professional and technical fostering; organizing and managing the
certification of measuring expertisers;
9. Organizing the information, propaganda and
popularization of knowledge and legislation on measurement;
10. Organizing and managing international
cooperation in the field of measurement;
11. Examining and inspecting the observance of
the legislation on measurement; settling complaints and denunciations; and
handling violations of the legislation on measurement.
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The Ministry of Science, Technology and
Environment shall be answerable to the Government for the State management over
measurement.
The organization, tasks and powers of the State
management agency in charge of measurement under the Ministry of Science,
Technology and Environment shall be defined by the Government.
Article 27.- The
ministries, ministerial-level agencies and agencies attached to the Government
shall, within the ambit of their tasks and powers, have to coordinate with the
Ministry of Science, Technology and Environment in exercising the State
management over measurement.
The Government shall specify responsibilities of
the ministries, ministerial-level agencies and agencies attached to the
Government in exercising the State management over measurement.
Article 28.- The
People’s Committees at all levels shall, within the ambit of their tasks and
powers, have to exercise the State management over measurement in their
respective localities, especially regarding the weighing and measurement of
essential and common goods in the people’s daily life.
Article 29.- The
Government shall prescribe charges and fees related to the measuring
activities.
Chapter VIII
MEASUREMENT SPECIALIZED
INSPECTORATE
Article 30.-
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2. The organization and operation of the
measurement specialized inspectorate shall be stipulated by the Government.
Article 31.- The measurement
specialized inspectorate is tasked to inspect the observance of the legislation
on measurement, sanction and propose the application of measures or apply such
measures according to its competence for the prevention and termination of acts
of violating the legislation on measurement.
The inspection shall be conducted by inspection
teams or inspectors.
Article 32.- In the
course of inspection, an inspection team or inspector shall have the
competence:
1. To request the relevant organizations and/or
individuals to supply documents and explain matters as required for the
inspection; and to undertake technical inspection measures on the spot;
2. To suspend the use or trading of unlawful
measuring devices and quantitatively pre-packed goods, which fail to meet the
measurement requirements; to temporarily suspend the measuring device
production or expertise which contravenes the provisions of the legislation on
measurement and propose handling measures to the State management agency in
charge of measurement;
3. To make minutes and impose sanctions
according to competence or seal up unlawful measuring devices as well as other
material evidences and propose handling measures to the State management agency
in charge of measurement; upon the detection of signs of crimes, to transfer
dossiers to the competent State agencies as prescribed by law.
The inspection teams and inspectors shall be
answerable before law for their conclusions and handling measures in the
inspection course.
Article 33.- Organizations
and/or individuals subject to inspection shall have to create conditions for
inspection teams and inspectors to perform their tasks and have to abide by the
decisions of inspection teams or inspectors.
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Chapter IX
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 35.-
Organizations and/or individuals that make achievements in measurement
activities or have merits in the detection of violations of the legislation on
measurement shall be commended and/or rewarded according to the State’s
stipulations.
Article 36.-
Organizations and/or individuals that commit acts of fraudulence in measurement
activities; fail to comply with the regulations on the expertise of measuring
devices; use, produce, import and/or trade in measuring devices or
quantitatively pre-packed goods in contravention of regulations; counterfeit
expertise seals, stamps and/or certificates; use expertise seals, stamps and/or
certificates for deceitful or fraudulent purposes or violate other provisions
of this Ordinance shall, depending on the nature and seriousness of their
violations, be handled according to the provisions of law.
Article 37.- Any
persons who abuse their positions and/or power to violate the provisions of
this Ordinance shall, depending on the nature and seriousness of their
violations, be disciplined or examined for penal liability.
Article 38.-
Organizations and/or individuals that violate the provisions of this Ordinance,
thus causing damage to other organizations and/or individuals, shall not only
be handled according to the provisions of Articles 36 and 37 of this Ordinance
but also have to pay compensation for damage as prescribed by law.
Chapter X
IMPLEMENTATION
PROVISIONS
Article 39.- This
Ordinance takes effect as from January 1st, 2000.
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The earlier provisions contrary to this
Ordinance shall all be annulled.
Article 41.- The
Government shall detail the implementation of this Ordinance.
ON BEHALF OF THE NATIONAL ASSEMBLY
STANDING COMMITTEE
CHAIRMAN
Nong Duc Manh