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THE MINISTRY
OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
14/2013/TT-BKHCN
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Hanoi, July
12, 2013
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CIRCULAR
PRESCRIBING METROLOGY
APPLICABLE TO THE NATIONAL BASE
Pursuant
to the Law on metrology dated November 11, 2011;
Pursuant
to the Government’s Decree No. 86/2012/ND-CP, dated October 19, 2012, detailing
and guiding implementation of a number of Articles of Law on metrology;
Pursuant
to the Government’s Decree No. 20/2013/ND-CP, dated February 26, 2013, defining
the functions, tasks, powers and organizational structure of the Ministry of
Science and Technology;
At
the proposal of General Director of Directorate for Standards, Metrology and
Quality;
The Minister of science and
technology promulgates the Circular prescribing metrology applicable to the
national base.
Chapter I
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Article 1. Scope of adjustment
This
Circular prescribes metrology applicable to the national base including: the
designation of organizations keeping the national base, approval for the
national base; maintenance, preservation and use of the national base.
Article 2. Subjects of application
1.
Organizations which are assigned to keep the national base.
2.
State agencies for metrology, and other relevant organizations and
individuals.
Chapter II
THE DESIGNATION OF
ORGANIZATIONS KEEPING THE NATIONAL BASE, APPROVAL FOR THE NATIONAL BASE
Section 1. Conditions to be
assigned to keep the national base, approval for the national base
Article 3. Conditions to be
assigned as an organization keeping the national base
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1. Having legal status;
2. Having a metrology base corresponding to
suggest being approved as national base (hereinafter abbreviated to metrology
base suggested for the approval);
3. Having full means,
equipment, working premises, environmental conditions and other technical
conditions (conditions about voltage, power
frequency, anti-vibration, anti-electromagnetic jamming) to perform maintenance,
preservation and use of the respective national base;
4. Having measures to
ensure safety, fire fighting and prevention, damages, natural disaster; ensure
requirements for moving urgently the metrology base suggested for the approval.
5. There are at least 02
technicians performing the maintenance, preservation and use of the metrology
base suggested for the approval. The technician must meet the following
requirements:
a) Graduated university specialized in
corresponding technical sector;
b) Foreign languages: English or French or
Russian, at level C or equivalent or higher level;
c) Having at least three (03)-year experiences
in performing calibration, comparing metrology base.
6. Diagram of calibration
and process of calibration or measure of comparing the metrology base suggested
for the approval are conformable with the national standards and international
standards;
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Article 4. Conditions to be
approved as a national base
A metrology base which meets the following
conditions may be approved as a national base:
1. Meeting the fundamental requirements for the
metrology base specified in Article 11 of the Law on metrology;
2. Being conformable with the planning on
national base development already approved by the Prime Minister;
3. Being stored, maintained, preserved and used
at organization meeting conditions specified in Article 3 of this Circular.
Section 2. THE MAKING AND
HANDLING OF DOSSIER
Article 5. The making of
dossier requesting for designation of organization keeping the national base,
approval for the national base
1. In case where suggest to
be assigned to keep the national base is made together with the suggest to be
approved the national base, the proposal organization may make a (01) set of
dossier and send directly at head office or through post system to the
Directorate for Standards, Metrology and Quality (hereinafter abbreviated to
the Directorate). Dossier includes:
a) Suggest to be assigned to keep the national
base, approval for the national base (according to the Form 1a. DNCDPD at Annex
enclosed with this Circular);
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c) A set of pictures includes one (01) overall
perspective picture and other pictures of the metrology base suggested for the
approval (pictures of the same size, the minimum size of 90 mm x 120 mm but not
bigger than 210 mm x 297 mm, attached on paper at size A4 and notes for each
picture) and CD containing those pictures. Pictures taken must be color, clear
and must shown shape, name and information of main metrology technical
characteristics of the metrology base suggested for the approval;
d) Copy (certified copying from the original of
the proposal organization) of the document about its legal status;
dd) Report on material and technical facilities,
and human resource to perform maintenance, preservation and use of the
metrology base suggested for the approval (according to Form 2.BCCS at Annex
promulgated together with this Circular);
e) Written regulation on maintenance,
preservation and use of the national base as prescribed in Article 19 of this
Circular;
g) Diagram of calibration; process and cycle of
calibration or comparison of base;
h) List of dossier of the management system
applicable to maintenance, preservation and use of the metrology base suggested
for the approval.
2. In case of suggesting to
be assigned to keep the national base, the proposal organization may make a
(01) set of dossier and send directly at head office or through post system to
the Directorate. Dossier includes:
a) Suggest to be assigned to keep the national
base (according to the Form 1b. DNCD at Annex enclosed with this Circular);
b) Copy (certified copying from the original of
the proposal organization) of the document about its legal status;
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d) Written regulation on maintenance,
preservation and use of the national base as prescribed in Article 19 of this
Circular;
dd) Diagram of calibration; process and cycle of
calibration or comparison of metrology base;
e) List of dossier of the management system
applicable to the maintenance, preservation and use of the national base.
Article 6. The handling of
dossier
1. Within ten (10) working days after receiving dossier, if
dossier has not yet been right with regulation, the Directorate shall notify
the proposal organization about contents which need be supplemented, amended.
2. Within thirty (30) working days after receiving full and
valid dossier, the Directorate shall decide the assessment at facility.
Section 3. ASSESSMENT AT FACILITY
Article 7. Methods and principles of assessment at facility
1. The assessment at facility is performed according to the
method of the assessment delegation.
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Article 8. The assessment delegation
1. The general director of Directorate for Standards, Metrology
and Quality shall decide establishment of the assessment delegation for
assessment at facility, the assessment delegation shall report result and
advice the general director of Directorate for Standards about the conformity
of the proposal organization and of the metrology base suggested for the
approval in comparison with requirements prescribed in this Circular.
2. Members of the
assessment delegation
a) The assessment delegation includes head of
delegation, civil servant and other members. Number of members of the
assessment delegation is not less than three (03) persons;
b) Head of delegation is person who has prestige
in the metrology sector. Head of delegation shall:
Organize implementation of tasks of the assessment delegation; assign
specific duties to members; convene and preside over meetings of the assessment
delegation; decide invitation of delegates for participation as necessary;
approve the dossier of the assessment result before submit to the Directorate;
c) The secretary is civil servant doing task of
managing metrology of the Directorate. The secretary shall:
Prepare for the assessment program (according Form 3.CTDG at Annex
promulgated together with this Circular), assessment vote (according to form
4.PDG at Annex promulgated together with this Circular), record fully and
honestly opinions; collect the assessment votes of members in the assessment
delegation; make record to sum up the assessment result (according to Form
5.BBTH at Annex promulgated together with this Circular) to have meetings to
approve the assessment dossier;
d) Other members of the assessment delegation
are science cadres operating in the suitable metrology sector invited from
Ministries, sectors, enterprises, universities, organizations of science and
technology, relevant social-professional organizations or independent
experts. Members shall perform tasks assigned and take
responsibilities for content, result of performing tasks.
Article 9. The assessment content
1. The conformity of the proposal organization with conditions
specified in Article 3 of this Circular.
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Article 10. The assessment method
In
the course of assessment, members of the assessment delegation may apply one or
all the following assessment methods:
1. Directly interviewing the main responsible person,
technicians of the proposal organization about related information.
2. Considering the archived dossier and relevant documents.
3. Observing reality of the metrology base suggested for the
approval, means, equipment, working premises, environmental conditions and
other technical conditions to perform maintenance, preservation and use of the
national base;
4. Assessing the proficiency of technicians, the conformity of calibration process,
regulation on maintenance, preservation and use through observing
manipulation and handling the calibration result or comparing the metrology
base performed by the technicians.
Article 11. Carrying out the assessment
1. Head of delegation keeps
meeting for assessment, approve the assessment program, assign tasks and unify
plan on assessment under the progress, content of assessment prescribed in
decision on establishment of the assessment delegation.
2. According to the assessment method prescribed in Article 10
of this Circular and the assigned content of assessment, members carry out
assessment and write the assessment result on the assessment vote.
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4. The assessment must be
finished within thirty (30) days after the date of signing decision on
establishment of the assessment delegation. Cost and other conditions serving
the assessment on the spot of the assessment delegation are covered by the
proposal organization.
Article 12. Dossier of the assessment result
Within five (05) working days after finishing the
assessment, head of delegation shall submit a (01) set of dossier of the
assessment result to the Directorate. A set of dossier includes:
1. Decision on
establishment of the assessment delegation;
2. The assessment program;
3. Members’ assessment votes;
4. A minutes summing up the assessment result.
Article 13. Handling of the
assessment result dossier
1. Within three (03)
working days after receiving dossier of the assessment result, if the
assessment result at facility fails to meet requirement as prescribed, the
Directorate shall notify in writing the proposal organization thereof.
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a) Official dispatch of the Directorate;
b) Dossier of the assessment result prescribed
in Article 12 of this Circular;
c) Dossier requesting for the national base
approval, designation of organization keeping the national base prescribed in
this Circular.
Section 4. Decision on
approval for the national base, designation of organization keeping the
national base
Article 14. Decision on
approval for the national base, designation of organization keeping the
national base
1. Pursuant to the dossier
submitted to the Directorate, the Minister of science and technology shall
consider and decide approval for the national base, designation of organization
keeping the national base (hereinafter abbreviated to decision on approval and
designation).
2. Decision on approval and
designation includes the following main contents:
a) Name of the metrology field, metrology
quantity;
b) Name of national base;
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d) Code number of national base;
dd) Place of manufacture, year of manufacture of
the national base;
e) Scope of metrology, the precision or degree
of accuracy, and other necessary technical metrology characteristics of the
national base;
g) Name, address of the organization which is
assigned to keep the national base.
3. In case where a (01)
decision on approval and designation is promulgated to approve concurrently two
(02) national bases or more and assign an (01) organization keeping those
national bases, contents prescribed in points a, b, c, d, dd and e must be
inscribed separately for each national base.
4. Decision on approval and
designation shall be sent to the organization assigned to keep the national
base.
5. Decision on approval and designation prescribed
at Clause 2 of this Article and pictures of the national base prescribed in
point c Clause 1 Article 5 of this Circular are posted on website of the
Ministry of science and technology and the Directorate.
Article 15. Storing dossier
of approval for the national base, designation of organization keeping the
national base
1. The stored dossier of
approval for the national base, designation of organization keeping the
national base includes: Decision on approval and designation as prescribed in
Article 14 and dossiers prescribed in Clause 2 Article 13 of this Circular.
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3. The organization assigned
to keep the national base shall make and store a (01) set of dossier of
approval for the national base, designation of organization keeping the
national base.
4. Time limit for storing
dossier: Five (05) years after decision on approval and designation is adjusted
or revoked.
Section 5. SUSPENSION,
REVOCATION OF THE EFFECT, ADJUSTMENT OF SCOPE OF DECISION ON APPROVAL AND
DESIGNATION
Article 16. Suspension of
the effect of decision on approval and designation
1. Suspension of the effect
of decision on approval and designation is applied in the following cases:
a) Organization assigned to keep the national
base fails to finish responsibilities as prescribed in Article 22 of this
Circular.
b) Organization assigned to keep the national
base has written proposal for suspension of keeping the national base.
2. Depend on each specific
case, on the basis of proposal of the Directorate, the Minister of science and
technology shall issue a decision to suspend entirely or partly effect of the
decision on approval and designation (abbreviated as decision on suspension)
Time limit for temporary suspension does not exceed six (06) months after the
effective time of the decision on suspension.
3. Decision on suspension
is sent to the organization assigned to keep the national base and posted on
website of the Ministry of science and technology and the Directorate.
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a) Official dispatch proposing for the
re-designation;
b) Documents, dossiers of which the remedy of
consequences has finished.
5. Depending on specific
case, the Directorate shall decide examination on dossier or assessment at
facility for content proposing for the re-designation.
6. Within five (05) working
days after receiving dossier, if dossier is not proper with regulation, the
Directorate shall notify the proposal organization about contents which need be
supplemented, amended.
7. In case of examination
on dossier, within seven (07) working days after receiving full and valid
dossier, the Directorate shall make a dossier and submit it to the Minister of
science and technology. Dossier includes:
a) Official dispatch of the Directorate;
b) Dossier proposing for the re-designation
prescribed in Clause 4 of this Article.
8. In case of assessment at
facility, the handling of dossier and assessment at facility shall comply with
Clause 2 Article 6 and section 3 Chapter II of this Circular.
9. Pursuant to the dossier
submitted by the Directorate, the Minister of science and technology shall
consider, decide approval, re-designation as prescribed at Article 14 of this
Circular.
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Article 17. Revocation of
the effect of decision on approval and designation
1. Revocation of the effect
of decision on approval and designation is applied in the following cases:
a) An organization which is assigned to keep the
national base is bankrupted or dissolved as prescribed by law.
b) An organization subject to decision on
suspension fails to finish the remedy of consequences although time limit for
temporary suspension is expired;
c) An organization which is assigned to keep the
national base has a written request for not continuing keeping the national
base as being assigned;
d) The national base is lost, damaged which
cannot remedy.
2. On the basis of proposal
of the Directorate, the Minister of science and technology shall issue a
decision to revoke effect of the decision on approval and designation
(abbreviated as decision on revocation of effect).
3. Decision on revocation
of effect is sent to organization which is assigned to keep the national base
and posted on website of the Ministry of science and technology, and website of
the Directorate.
Article 18. Adjustment of
content of decision on approval and designation
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a)
The organization which is assigned to keep the national base make a (01) set of
dossier to propose for adjusting scope of approval and designation, and send
directly at head office or through post system to the Directorate. A set of
dossier includes:
- Official dispatch proposing for adjustment;
- Making a commitment in which there is no change about the
national base, and conditions to maintain, preserve, use the approved national
base;
- Other relevant documents.
b)
Within five (05) working days after receiving a full and valid dossier, the
Directorate shall consider, make a dossier and submit it to the Minister of
science and technology. A dossier includes:
- Official dispatch of the Directorate;
- Dossier approving for adjusting scope of approval and
designation as prescribed in point a this Clause.
2. In case of proposal for adjusting other contents of the
decision on approval and designation relating to change of capability of the
organization assigned or change the metrological technical characteristic of
the national base
a)
The organization which is assigned to keep the national base makes a (01) set
of dossier to propose for adjusting scope of approval and designation,
including: An official dispatch clearly state content of proposal for
adjustment; documents relating to change of capability of the organization
assigned or change the metrological technical characteristic of the national
base;
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3. Pursuant to the dossier
submitted by the Directorate, the Minister of science and technology shall
consider, decide approval, designation as prescribed at Article 14 of this
Circular for the adjusted content.
4. Dossier of the national base shall, after being
adjusted content of decision on approval and designation, be stored as
prescribed in Article 15 of this Circular.
Chapter III
MAINTENANCE, PRESERVATION
AND USE OF THE NATIONAL BASE
Article
19. Provisions on maintenance, preservation and use of the national base
Provisions on
maintenance, preservation and use of the national base include the following
main contents:
1. For
the maintenance and preservation:
a) Area of place for the
maintenance and preservation;
b) Environmental
condition and other technical conditions;
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d) Periodical control
over conditions of maintenance and preservation;
dd) The internal
calibration or inter-laboratory comparison of the national base; proposal for
measures to handle result of internal calibration and inter-laboratory
comparison;
e) Requirements on
maintenance, preservation and use of means, equipment to perform maintenance
and preservation of the national base;
g) The assignment and
responsibility of persons doing task of maintenance and preservation.
2. For
the use:
a) For activities of
calibration or comparison of the national base with international base or the
national base of other countries:
- Cycle
of calibration or comparison;
- Requirements
on packaging, transport, preservation, on control of dossier, documents,
conditions of the national base and relevant equipment …. prior to and after
performing; proposal for measures to handle result after performing calibration
or comparison of the national base.
b) For activities of
calibration or comparison to transfer the accuracy of the national base to the
metrology base with lower accuracy:
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- Environmental
condition and other technical conditions;
- Measures
to ensure safety, fighting and prevention damage to the national base due to
use inconformity with regulation;
- Assigning
and prescribing responsibility of persons assigned to perform calibration or
comparison;
- Requirements
on maintenance, preservation and use of means, equipment to perform calibration
or comparison;
- Taking
notes on use diary.
Article
20. Organizing implementation of provisions on maintenance, preservation and
use of the national base
The maintenance,
preservation and use of the national base must be performed in accordance with
regulation which is promulgated by the organization assigned to keep the
national base.
Chapter IV
PROVISIONS OF IMPLEMENTATION
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1. To examine, assess,
complete dossier and submit it the Minister of science and technology for
considering and approving the national base, assigning organization to keep the
national base.
2. To manage activities
of maintenance, preservation and use of the national base.
3. On a two (02) year
basis, or at request of the superior agency, the Directorate shall examine the
national base and activities of maintenance, preservation and use of the
national base which are made by the assigned organization.
4. To inspect as prescribed
by law on inspection for the compliance with this Circular and other law
relating to organizations of organization assigned to keep the national base.
Article 22. Responsibility
of organizations which are assigned to keep the national base
1. To research science,
application and development technology about the metrology base; formulate
methods to maintain and preserve the national base; formulate the measurement
method to transfer the accuracy of the national base to the metrology base with
the lower accuracy.
2. To maintain, preserve
the system of management and perform maintenance, preservation and use of the
national base as prescribed in this Circular and other relevant law.
3. To report timely
mistakes, faults of the national base and propose measure to remedy or propose
for suspension, revocation of effect of decision on approving the national
base, assigning organizations to keep the national base.
4. To comply with
inspection, examination and other provisions of relevant law.
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Article 23. Effect
This Circular takes effect on August 30, 2013.
Article 24. Organization of
implementation
1. The General Director of Directorate
for Standards, Metrology and Quality shall guide and organize implementation of
this Circular.
2. Heads of state agencies,
relevant organizations and individuals shall implement this Circular.
3. In the course of
implementation, any arising problems should be timely reported in writing to
the Ministry of science and technology for research, suitable amendment and
supplementation.
FOR THE
MINISTER OF SCIENCE AND TECHNOLOGY
DEPUTY MINISTER
Tran Viet Thanh
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