Circular No. 07/2019/TT-BKHCN amending the Circular No. 23/2013/TT-BKHCN

CIRCULAR

On amending and supplementing a number of articles of the Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of the Minister of Science and Technology on measurement regulations of group 2 measuring instruments

___________

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

Pursuant to the Government's Decree No. 95/2017/ND-CP dated August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

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

The Minister of Science and Technology hereby promulgates the Circular on amending and supplementing a number of articles of the Circular No. 23/2013/TT-BKHCN dated September 26 2013 of the Minister of Science and Technology on measurement regulation of group 2 measuring instruments.

Article 1. To amend and supplement a number of articles of the Circular No. 23/2013/TT-BKHCN dated September 26 2013 of the Minister of Science and Technology on measurement regulations of group 2 measuring instruments

1. To amend and supplement Article 3 as follow:

“Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Technical metrological requirements are the set of metrological characteristics of measuring instruments in Vietnam’s metrological documents;

2. Measuring instruments are technical instruments including: Measurement equipment, instruments; equipment and instruments with with measuring function; measuring unit system for the measurement;

3. Group 2 measuring instruments are measuring instruments used for quantifying goods and services during the process of selling, buying, and payment; assurance of safety, public health, and environmental protection; inspection and examination, judicial investigation, and other tasks that need controlling according to technical metrological requirements in current Vietnam’s metrological documents;

4. Type approval means the metrological control measure taken by the Directorate for Standards, Metrology, and Quality to assess and confirm the conformity of the sample of measuring instruments or type of the measuring instruments (hereinafter referred to as type) to technical metrological requirements;

5. Inspection means a metrological control measure taken by an appointed inspecting organization to assess and certify the measurement specification of the measuring instrument with assurance to technical metrological requirements.

6. Manufacturer of measuring instruments means the organization or individual that performs one or more than one of the following activities: technology transfers, manufacturing, assembly, innovate, and upgrade of produced or imported measuring instruments.

7. Facility importing measuring instruments means the organization or individual that imports or entrusts the import of completed built-up measuring instruments;

8. Business establishment of measuring instruments means the organization or individual that engages in wholesaling, retailing, or sale and purchase agent of measuring instruments in Vietnam.

9. Other terms are construed as interpreted in Article 3 of the Law on Measurement dated November 11, 2011.”

2. To amend and supplement Article 4 as follow:

“Article 4. The list of measuring instruments, metrological control measures, and measuring instrument inspection intervals

The list of measuring instruments, metrological control measures, and measuring instrument inspection intervals including:

1. Measuring instruments, metrological control measures, and measuring instrument inspection intervals which specified in the table below:

- Symbol “x”: method must be performed for respective measuring instrument;

- Symbol “-”: method is not required for respective measuring instrument;

- Throughout the prescribed inspection intervals , technical measurement properties of measuring instrument must be maintained during use process

2. Measuring instrument not specified in Clause 1 of this Article but required to be inspected and/or calibrated under other national technical regulations or other legal documents or used for inspection and examination, judicial expertise or other public tasks of state agencies must be inspected or calibrated at request of state management agencies without sample approval”.

3. To amend and supplement Article 25 as follow:

“Article 25. Responsibilities of measuring instruments users

1. Ensuring conditions for storing and using measuring instrument according to regulations of the manufacturers and metrology technical requirements of state competent metrology management agencies; maintaining metrology technical requirements of measuring instrument throughout use process and between two inspection sessions.

2. Performing periodic inspection and post-repair inspection  for measuring instrument during use process as specified in Chapter IV of this Circular.

3. Complying with requirements of professional, specialized levels and occupational experience for users of measuring instrument upon performing measurement as specified by state competent metrology management agencies.

4. Ensuring the conditions as prescribed for persons with relevant rights and duties to supervise, inspect the measurements, measurement methods, measuring instruments, and goods quantity.

5. Complying with metrological inspection and examination of state competent agencies in accordance with law provisions.”.

4. To amend and supplement Article 28 as follow:

“Article 28. Responsibilities of agencies acting as consultant to and assisting People’s Committees of provinces and centrally run cities in managing science and technology tasks within their localities

1. Directing Sub-Department for Standard, Metrology and Quality to perform state inspection and examination regarding metrology in accordance with legal provision.

2. Directing inspectors of agencies acting as consultant to and assisting People’s Committees of provinces and centrally run cities in managing science and technology tasks to inspect compliance with regulations and law on metrology within the competence area, resolve the complaint, denunciation and taking actions against metrology violations in accordance with legal provision.”.

3. To amend and supplement Article 29 as follow:

“Article 29. Responsibilities of Sub-departments for Standards, Metrology and Quality

1. Providing information for and instruct relevant organizations and individuals to implement this Circular.

2. Inspecting and imposing administrative penalties on violations of metrology for group 2 measuring instrument in the area in accordance with law provisions.

3. Performing state inspection regarding metrology for measuring instrument in the areas within their responsibilities as specified in Clause 3, Article 13 of the Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government on detailing and guiding the implementation of the Law on Metrology.

4. Before May 30 every year or upon an irregular basis at request on state management, producing reports on implementation of inspection and comparison, proposing number of measuring instrument required to be inspected and compared and organizations assigned to perform inspection and comparison in the areas and submitting to the Directorate for Standards, Metrology and Quality and agencies acting as consultant to and assisting People’s Committees of provinces and centrally run cities in managing science and technology tasks in the areas.”.

Article 2. Implementation provisions

This Circular takes effect on January 01, 2020.

Article 3. Implementation organization

1. Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Science and Technology for instruction or consideration and revision.

2. The Director General of Directorate for Standards, Metrology and Quality shall be responsible for guiding and organizing implementation of this Circular.

3. Ministers, heads of ministerial agencies, Chairpersons of People’s Committees of provinces and centrally run cities and relevant organizations and individuals shall be responsible for the implementation of this Circular./.

For the Minister

The Deputy Minister

Tran Van Tung