|
THE
STATE COUNCIL
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
--------
|
|
No.
43-LCT/HDNN8
|
Hanoi,
July 16, 1990.
|
ORDINANCE
ON WEIGHTS AND MEASURES
In order to establish a standard
and precise measuring system aimed at ensuring the fair and equitable treatment
of all persons;to improve the quality of products; to preserve natural
resources, materials and energy; to ensure labour safety; to protect
residential housing and the environment; to improve scientific and advanced
technology; to create favorable conditions for international exchange;
Pursuant to article 100 of
the Constitution of the Socialist Republic of Vietnam;
This Ordinance makes provisions on weights and measures.
Chapter I
GENERAL PROVISIONS
Article 1
Weighing
and measuring are the acts of determining the value of the quantity being
weighed or measured, and which are closely related to production, business and
the every day living of the people.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2
All
individuals and organizations in Vietnam who, or which, engage in activities of
, or related to, weights and measures shall abide by the provisions of this
Ordinance except where otherwise provided by the international treaties which
the Socialist Republic of Vietnam has signed or adopted.
Article 3
The
Council of Ministers shall implement the use of standard weights and measures
throughout the country.
The State management of weights
and measures shall include:
1. Devising a scheme of and plan
for weights and measures;
Making provisions for systems
and regulations of weights and measures;
2. Organizing measurement bodies
in relation to weights and measures and managing the activities of these
bodies;
3. Determining legal units of
weights and measures;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Assessing the standard units
of weights and measures and the equipment used in weighing and measuring;
5. Considering and approving
samples, granting permission to produce and import facilities for weighing and
measuring;
State inspection of weights and
measures and dealing with breaches of the laws on weights and measures.
Article 4
State
bodies, social organizations, production, business and scientific research
units shall, within the scope of their duties and powers, be responsible for
inspecting, controlling and creating favorable conditions in order to ensure
that the activities of weights and measures are uniform and accurate.
Article 5
Acts of
cheating in weights, counting and other activities of weights and measures
shall be prohibited.
All organizations and
individuals shall have the right to complain about and report any acts which
breach the law in relation to weights and measures, to make proposals to the
people's committees, State management bodies of weights and measures at all
levels or other authorized bodies on any means by which the effectiveness of
weights and measurements activities may be increased. These bodies shall in
accordance with the provisions of the law examine and resolve the complaints,
accusations, and proposals made.
Chapter II
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 6
Weights
and measures management bodies shall include the State management body of weights
and measures and management bodies of weights and measures at branch and basic
unit levels.
Article 7
The State
management bodies of weights and measures shall include:
- The General Department of
Standards Weights, Measures and Quality of the State Committee of Science;
- The regional center of
Standards Weights Measures and Quality;
- The office of Standards
Weights Measures and Quality of the provinces, cities under central authority
and equivalent levels.
The Council of Ministers shall
make provisions on the organization and structure of the State management
bodies of weights and measures.
Article 8
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 9
The State
management bodies of weights and measures shall have the following duties and
powers:
1. To prepare a scheme and a
plan of weights and measures and submit them to the authorized State body for
consideration and approval;
To draft laws on weights and
measures;
To issue within their powers,
regulations and rules on weights and measures;
To organize and inspect the implementation
of the schemes, plans for , and legal statutes on weights and measures.
2. To establish and manage a
standard systems of weight and measurement units and a system of standard
samples;
To maintain and adopt national
standards in accordance with the provisions of the State.
3. To organize a system of State
standards of control;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
To recognize the powers of
control of weights and measures by State management bodies at lower levels;
To delegate the State assessment
of standard units of weights and measures at lower levels.
4. To test and examine samples
and grant permission for the production and, import of weighing and measuring
equipment.
5. To carry out State assessment
of weights and measures and deal with breaches of the laws on weights and
measures according to the scope of their powers.
6. To guide the organization and
manage the activities of the State management bodies in relation to weights and
measures at lower levels; to guide the establishment and activities of
management bodies on weights and measures at branch and basic unit levels.
7. To organize science and
technology research in relation to weights and measures.
8. To organize the training and
improvement of technical skills in relation to weights and measures.
9. To co-operate internationally
in relation to weights and measures.
The Council of Ministers shall
make provisions on the delegation to bodies at various levels of the power to
implement the duties and powers of the State management bodies in relation to
weights and measures as referred to this article.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
LEGAL AND STANDARD UNITS
OF WEIGHT AND MEASURE
Article 10
Legal unit
of weight and measure means a unit of weight and measure which is recognized by
the State and the use of which is permitted.
Legal units of weight and
measure which are stipulated in the standards of Vietnam shall conform with the
system of international units of weight and measure (SI)
Article 11
Legal
units of weight and measure shall be applied in all activities of, and
activities related to, weights and measures.
All weighing and measuring
equipment shall have written or engraved on them, legal units of weight and
measure.
The General Department of
Standards Weights Measures and Quality shall make provisions for particular
cases which the use of weights and measures different from the legal units of
weight and measure may be used.
In international exchange and
according to the agreement of the parties concerned, a unit of weight and
measure different from the legal units of weight and measure of Vietnam may be
applied.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Standard
units of weight and measure are a technical means of expressing weight and
measure in units and which shall be applied to weighing and measuring
equipment.
The system of standard units of
weights and measures of Vietnam shall include a national standard or highest
standard and other standards which are less accurate in the different areas of
weights and measures.
The national standard of highest
standard shall be considered and approved by the Council of Ministers and shall
be compared periodically with the international standard or standards of
greater accuracy of a foreign country.
The General Department of
Standards Weights Measures and Quality shall make provisions for the system of
management of the standard units of weight and measure.
Article 13
Branches
and basic units shall be equipped according to their demand with necessary
standard weighing and measuring equipment.
The most accurate standard of
each branch or local unit shall be its principal standard. Principal standards
shall be controlled and determined by the State and certified.
Chapter IV
STATE ASSESSMENT OF
WEIGHTING AND MEANSURING EQUIPMENT
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
State
assessment means the examination and certification by the State management body
or local unit within their authorized functions, of the nature of the weights
and measures and the lawfulness of the weighing and measuring equipment, in
accordance with the assessment procedures stipulated by the standards of
Vietnam.
Article 15
The
weighing and measuring equipment assessed by the State shall include:
1. Weighing and measuring
equipment used in determining the quantity of goods at the time of their
purchase and sale or delivery and receipt.
2. Weighing and measuring
equipment used to ensure labour safety, and to protect health and the
environment.
3. Weighing and measuring
equipment used in the judicial process and other public activities of the
State.
A specific list of weighing and
measuring equipment which is subject to State assessment and periodic
assessment shall be regulated by the General Department of Standards Weights
Measures and Quality.
Article 16
The State
assessment process shall include the initial examination, periodic examination,
and extraordinary examination.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Periodic assessment shall also
take place in relation to weighing and measuring equipment currently in use.
Extraordinary assessment shall
be conducted upon the State inspection of weights and measures taking place.
Extraordinary assessment shall
be conducted upon the State inspection of weights and measures taking place.
Article 17
If after
State assessment the weighing and measuring equipment is deemed to satisfy the
requirements, it shall be stamped or a certificate issued in respect of its
assessment in accordance with the provisions of The General Department of
Standards Weights Measures and Quality.
The stamp and certification of
assessment by State management bodies of weights and measures shall be
delegated to local units, the examination by which shall be legally valid
throughout the entire country.
The forging or fraudulent use of
the assessment stamp and certificate of examination is prohibited.
Article 18
Organizations
which, and individuals who, produce, repair, or import weighing and measuring equipment
within the category subject to State examination shall register those
facilities for initial assessment.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The registration procedures for
the assessment of weighing and measuring equipment shall be regulated by The
General Department of Standards Weights Measures and Quality.
Article 19
Organizations
which, and individuals who, register, weighing and measuring equipment for
assessment shall pay an assessment fee. Assessment fees shall be regulated by
the Council of Ministers.
Chapter V
USE OF WEIGHING AND
MEANSURING EQUIPMENT AND PURCHASE OF GOODS ACCORDING TO AMOUNT AND QUANTITY
Article 21
Organizations
which and individuals who use weighing and measuring equipment shall observe
properly the regulation on the maintenance and use of such equipment in order
to ensure that their measuring methods are uniform and accurate.
Production and business units
shall create favorable conditions in order to ensure that all individuals may
inspect the weighing, measuring and counting which takes place at the place of
purchase and sale or delivery and receipt.
Article 22
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Where the equipment does not
have an examination stamp or certificate.
2. The examination stamp or
certificate of the equipment has expired.
3. The equipment is defective
and does not satisfy the requirements of weights and measures.
Article 23
Organizations
which, and individuals who, produce, purchase or sell goods packaged in
specific quantities shall state clearly on the packaging the quantity of goods
contained in each package.
The difference between the real
quantity of goods and the quantity of goods stated on the packaging shall not
exceed the limit permitted by the standards of Vietnam or by the provisions
issued by The General Department of Standards Weights Measures and Quality.
Chapter VI
PRODUCTION OF, REPAIRS
TO AND CIRCULATION OF WEIGHT AND MEANSURING EQUIPMENT
Article 24
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 25
Organizations,
which, and individuals who, produce or repair weighing and measuring equipment
shall register at the State management bodies of weights and measures.
The production of weighing and
measuring equipment which is subject to State assessment shall require the
permission of the State management body of weights and measures. The samples of
the equipment shall also require the assessment and approval of the above body.
Weighting and measuring
equipment which is produced in accordance with approved samples shall bear a
sign of approval stipulated by The General Department of Standards Weights
Measures and Quality.
All alterations to and modifications
of approved weighing and measuring equipment shall require the permission of
the State management body of weights and measures.
Article 26
Organizations
which and individuals who produce weighing and measuring equipment which is not
subject to State assessment may make a proposal to the State management bodies
of weights and measures for the testing, certification of sample and initial
assessment of that equipment. The weighing and measuring equipment shall also
bear the sign of an approved sample stipulated by The General Department of
Standards Weights Measures and Quality.
Article 27
When
importing weighing and measuring equipment which is subject to State
examination, organizations and individuals engaged in export and import
business shall require the approval of The General Department of Standards
Weights Measures and Quality.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
STATE ASSESSMENT OF
WEIGHTS AND MEANSURES
Article 28
The State
management bodies of weights and measures shall perform their State assessment
functions in respect of weights and measures throughout the entire country.
The organization and activities
of State assessment of weights and measures shall be stipulated by the Council
of Ministers.
Article 29
The State
function of assessment of weights and measures involves the assessment of
compliance with the laws on weights and measures and the making of proposals to
prevent and stop any acts which are contrary to the laws on weights and
measures.
State assessment of weights and
measures shall be performed by State assessment units or officers.
Article 30
In
performing the State assessment of weights and measures the State assessment
unit leader or officer of weights and measures shall have the following duties
and powers:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
To perform technical inspection
procedures at the place of assessment;
2. To stop the use or stipulate
in respect of weighing and measuring equipment which is unlawful and the
packaging of goods which does not satisfy the requirements of weights and
measures;
3. To temporarily cease the
production of, repairs to, and assessment of weighing and measuring equipment
which are contrary to the laws in respect of weights and measures and to make
proposals on measures for dealing with the head of the State management body of
weights and measures;
4. To prepare reports, impose
fines according to their powers and seize unlawful weighing and measuring
equipment together with any other evidence in respect of weights and measures
and make a proposal of measures to be adopted in dealing with them to the
authorized State body;
5. To deliver files in respect of
any breaches of the law in relation to weights and measures to a criminal
investigation body in the event that there is any evidence of a criminal
offense having been committed.
The State assessment unit leader
or officer of weights and measures shall be responsible before the law for his
conclusions and treatment of matters during the course of assessment.
Article 31
The
assessment by the State management bodies of weights and measures shall from a
basis for the consideration and resolution of disputes, complaints, and
accusations which arise or are made in relation to weights and measures.
The conclusions of The General
Department of Standards Weights Measures and Quality shall be deemed to be of
the greatest legal significance in relation to weights and measures.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Organizations
and individuals have the right to make complains to the body which performs the
assessment or to the State management body of weights and measures at a direct
higher level, in relation to the conclusions and treatment of matters during
the assessment of weights and measures at their place.
The decision of the State
management bodies at a direct higher level on weights and measures shall be
binding.
Chapter
VIII
REWARDS AND PENALTIES
Article 33
Organizations
and individuals recording achievements which increase the effectiveness of
weights and measures activities or discovering breaches of the laws on weights
and measures shall be rewarded in accordance with the general provisions of the
State.
Article 34
Any
individual who is discovered cheating in weighing, measuring or counting
failing to implement the provisions in relation to State assessment of weighing
and measuring equipment, using, producing or circulating illegal weighing and
measuring equipment, using or forging and examination stamp, or certificate of
examination for the purpose of fraud or breaching other regulations of this
Ordinance shall, according to the of seriousness of the offense, be disciplined
or subjected to administrative penalty or criminal responsibility in accordance
with the provisions of the law.
Chapter IX
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 35
This
Ordinance shall be of full force and effect as of 1 October 1990.
Article 36
All
previous regulations which are inconsistent with this Ordinance are hereby
repealed.
FOR
THE STATE COUNCIL OF THE SOCIALIST REPUBLIC OF VIETNAM PRESIDENT
Vo Chi Cong