Circular No. 21/2014/TT-BKHCN on measurement of prepackaged goods

CIRCULAR

Providing regulations on measurement of prepackaged goods

Pursuant to the Law on Measurement dated November 11, 2021;

Pursuant to the Government's Decree No. 86/2012/ND-CP dated October 19, 2012, on detailing and guiding the implementation of a number of articles of the Law on Measurement;

Pursuant to the Government’s Decree No. 89/2006/ND-CP dated August 30, 2006, on goods labeling;

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 the Director General of the Directorate for Standards, Metrology and Quality,

The Minister of Science and Technology hereby promulgates the Circular providing regulations on measurement of prepackaged goods.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides regulations on measurement of quantities of prepackaged goods, including: measurement technique requirements for quantities of prepackaged goods; lists of category-2 prepackaged goods; quantity marks; announcement on use of quantity marks on category-1 prepackaged goods’ labels; certificates of eligibility for using quantity marks on category-2 prepackaged goods’ labels.

2. This Circular does not apply to prepackaged goods which are: Medicines; goods eligible for preferential treatment or exemption from customs procedures; goods temporarily imported for re-export; goods in transit, border-gate transfer; goods deposited in bonded warehouses; goods processed by Vietnamese enterprises for foreign traders; materials, equipment and machinery imported to serve investment projects; goods in the field of state secrets; goods for urgent requirements; goods directly serving specific measurement activities in the field of natural defense and security.

Article 2. Subjects of application

1. Organizations and individuals (hereinafter referred to as establishments) manufacturing, importing, circulating and trading prepackaged goods.

2. State agencies in charge of measurement and relevant organizations and individuals.

Article 3. Interpretation of terms

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

1. Prepackaged goods are goods which are quantified by the unit of measurement of mass, volume, area, length or cardinal number, and packaged and have their quantities written on their labels without the witness of buyers.

2. Category-1 prepackaged goods are prepackaged goods which do not belong to the List specified in Clause 3 of this Article.

3. Category-2 prepackaged goods are prepackaged goods circulating in large quantities on the market or of great value, which are likely to cause disputes or lawsuits on measurement between parties in purchase, sale, payment, and cause a great impact on health and the environment on the List of category-2 prepackaged goods specified in Article 6 of this Circular.

4. Unit of prepackaged goods or sack of prepackaged goods is a collection of packages and the quantity of goods contained in the package.

5. Package means materials used to wrap the outside of the prepackaged goods, other than those of the nature of the goods.

6. Real quantity (Q_r) is the quantity of prepackaged goods which is contained in the package and identified by measuring instruments in accordance with regulations.

7. Nonconforming prepackaged goods unit is an unit of prepackaged goods with real quantities (Q_r) less than the minimum allowable quantity (Q_min).

8. Minimum allowable quantity (Q_min) is the difference between the nominal quantity (Q_n) and the tolerable deficiency (T).

Q_min = Q_n - T

Where tolerable deficiency (T) is defined in Appendix IV attached to this Circular.

9. Nominal quantity (Q_n) is the quantity of prepackaged goods recorded on its label.

10. Average value (X_tb) of the quantity of prepackaged goods is the value specified in Clause 3, Article 3 of the Government's Decree 86/2012/ND-CP dated October 19, 2012, detailing and guiding implement a number of articles of the Law on Measurement.

11. Lot of prepackaged goods (hereinafter referred to as lot) is a collection of units of similar prepackaged goods which are manufactured (including one or more activities of production, transferring to another sack or bottling, packing), imported, circulated or traded in the same nominal quantity, under the same conditions from which the prepackaged goods have been taken, to conduct an assessment of conformity with measurement technique requirements.

12. Lot size (N) is a number indicating the total number of prepackaged goods units in the lot which is determined according to the following requirements:

a) At the manufacturing establishment, the lot size is calculated by the number of prepackaged goods units manufactured in one hour;

b) At the place of importation, the lot size is calculated by the number of units of prepackaged goods by each import;

c) At the place of circulation and trading, the lot size is calculated by the number of units of prepackaged goods on means of transport, at the place of storage or sale;

d) The lot size must not exceed one hundred thousand (100,000).

13. Sample size (n) is the number indicating the number of units of prepackaged goods that must be randomly sampled in the lot for evaluation.

14. Number of nonconforming prepackaged goods units is an indicator number of prepackaged goods units that do not conform to prescribed requirements and is determined when evaluating a lot of prepackaged goods.

15. Solvent is liquid or gas that is contained with prepackaged goods and discarded after use of such prepackaged goods.

16. Drained quantity is the real quantity of the prepackaged goods in liquid solvent.

17. Establishment manufacturing prepackaged goods is an organization or individual carrying out one or several activities of production, transferring to another sack or bottling, packing in Vietnam.

18. Establishments importing prepackaged goods is an organization or individual importing or entrusting to import prepackaged goods.

19. Other terms shall be construed in accordance with Article 3 of the Law on Measurement.

Chapter II

MEASUREMENT TECHNIQUE REQUIREMENTS FOR QUANTITIES OF PREPACKAGED GOODS, LISTS OF CATEGORY-2 PREPACKAGED GOODS

Article 4. Measurement technique requirements for quantities of prepackaged goods

1. Requirements for writing of the quantity of prepackaged goods on their labels

a) The quantity of prepackaged goods recorded on their labels is nominal quantity;

b) The nominal quantity (Q_n) of prepackaged goods must be printed, affixed or sealed directly on such prepackaged goods or their package or label;

c) The nominal quantity must be printed, affixed or sealed at an easily noticeable and readable position in normal display conditions of trading activities;

d) In case the phrase “net weight:” or “net volume:” is recorded in front of the nominal quantity (Q_n), it is not allowed to write the “approximate” or “minimum” such as approximate net weight or minimum net volume;

dd) The nominal quantity (Q_n) is stated in numeric value and legal units of measure or numerical units; in which, between the numeric value and the unit of measurement must be separated by one (01) blank cell;

e) Recording the nominal quantity (Q_n) of prepackaged goods in units of measurement of mass or volume as follows:

- For prepackaged goods which are solids, liquefied gases, frozen goods, prepackaged goods in the form of aerosols or with goods containing the same compressed gas: Recording in units of mass;

- For goods which are liquid: Recording in units of volume;

- For goods in the form of a paste or other goods: Recording in units of mass or volume;

g) Writing units of measurement for each range of nominal quantity (Q_n) shall comply with Appendix I attached to this Circular;

h) The minimum height of letters and numbers representing the nominal quantity (Q_n) must meet the requirements provided in Appendix II attached to this Circular;

i) When one (01) unit of prepackaged goods contains two (02) or more sacks or packets of prepackaged goods of the same type with the same nominal quantity that can be used for retail sale, the total nominal quantity of the unit of such prepackaged goods, number of sacks, packages and nominal quantity of one (01) sack or packet of prepackaged goods must be recorded.

For example: One (01) box of coffee contains 10 packets, each pack has a weight of 20 g, the nominal amount of the coffee box is recorded as follows:

200 g (10 packets x 20 g)

k) When one (01) unit of prepackaged goods contains two (02) or more sacks or packets of prepackaged goods that are not of the same type, the name, number of sacks or packets and the nominal quantity of each type of prepackaged goods must be recorded.

For example: One (01) kit of shoe polish contains: two (02) boxes of black polish, each weighing 15 g; one (01) box of brown polish with a weight of 25 g; one (01) box of white polish with a weight of 15 g, the nominal quantity of the above mentioned kit of shoe polish shall be recorded as follows:

Back polish: 2 boxes x 15 g; brown polish: 1 box x 25 g; white polish: 1 box x 15 g.

Total: 4 boxes (70 g).

l) For prepackaged goods in solvents, the drained quantity and total weight must be recorded on the label of the goods.

2. Requirements on shape, size and other requirements for a sack of prepackaged goods

a) A sack of prepackaged goods must not have another shape, size and structure (such as secondary bottom, partition, secondary covers) that mislead or cause confusion for buyers in term of the quantity of the prepackaged goods in the sack;

b) Prepackaged goods must fill the full volume of the package, unless there is a difference between the volume of the package and the volume of the prepackaged goods contained in that package due to one or several of the following reasons:

- Protecting the prepackaged goods;

- Due to operation requirements of equipment used to pack the prepackaged goods;

- Due to requirements of prepackaged goods transportation;

- Due to the nature of prepackaged goods (prepackaged goods in the form of aerosols, containing compressed air, etc.).

c) In case the quantity of prepackaged goods is recorded at many places on the sack, the quantity of prepackaged goods recorded at each position must meet the requirements specified in Clause 1 of this Article;

d) Information on the amount of additional or free prepackaged goods must be clearly stated together with the nominal quantity (Q_n) on the label, unless the manufacturing establishment clearly declares the amount of extra or free of charge as mentioned above in the nominal quantity (Q_n) of the prepackaged goods.

Article 5. Measurement requirements on quantities of prepackaged goods

1. Requirements for average value X_tb

a) In case the sample size (n) is equal to the lot size (N) (n=N), the average value (X_tb) of the real quantity (Q_r) of the prepackaged goods units in the lot must satisfy the requirements according to the following formula:

X_tb ³ Q_n

b) In case the sample size (n) is smaller than the lot size (N) (n < N), the average value (X_tb) must satisfy the requirements according to the following formula:

X_tb ³ Q_n - k.s

Where: s is the mean square deviation of the real quantity calculated according to the formula specified in Appendix III attached to this Circular.

k is the correction factor selected in Appendix III attached to this Circular.

2. Requirements for the number of nonconforming prepackaged goods units

a) In case the sample size (n) is equal to the lot size (N) (n = N), the following requirements must be satisfied:

- The number of nonconforming prepackaged goods units must not exceed 2.5% of the lot size;

- There must not be any units of nonconforming prepackaged goods with a shortage of more than two (02) times the tolerable deficiency T as specified in Appendix IV attached to this Circular.

b) In case the sample size (n) is smaller than the lot size (N) (n < N), the following requirements must be satisfied:

- The number of nonconforming prepackaged goods units must not exceed the to the allowable value as specified in Table 1, Table 2 (in case of taking samples at the place of manufacturer, import, circulation or trade), or Table 3 (in case of taking samples at the place of importation, circulation, trade and the package of the prepackaged goods must be torn) provided in Appendix III attached to this Circular;

- There must not be any units of nonconforming prepackaged goods with a shortage of more than two (02) times the tolerable deficiency T as specified in Appendix IV attached to this Circular.

Article 6. List of category-2 prepackaged goods

1. The List of category-2 prepackaged goods contains name of specific prepackaged goods of all types.

2. On the basis of proposals of ministries, branches and State management requirements regarding measurement, the Directorate for Standards, Metrology and Quality shall synthesize and submit the Ministry of Science and Technology for considering and deciding the category-2 prepackaged goods belong to the List specified in Clause 1 of this Article.

Chapter III

QUANTITY MARKS

Article 7. Quantity marks

1. Quantity mark means a sign used to present the quantity of prepackaged goods conformable to Article 4 and Article 5 of this Circular.

2. The quantity mark is presented by the letter V, in uppercase, bold and “Times New Roman” font. The letter height is greater than or equal to three millimeters (3 mm).

Article 8. Use of quantity marks

1. Category-1 prepackaged goods may bear the quantity mark on their labels if they meet the requirements specified in Articles 4 and 5 and are self-declared by establishments that meet the requirements specified in Article 10 or Article 11 according to Section 2, Chapter IV of this Circular.

2. Category-2 prepackaged goods must bear the quantity mark on their labels after the manufacturing or importing establishment is certified to be eligible for use of the quantity mark as prescribed in Section 3, Chapter IV of this Circular.

Article 9. Presenting quantity marks on prepackaged goods’ labels

1. The quantity mark shall be printed, affixed or sealed directly on the goods or their packages or labels at the easily noticeable and readable position.

2. The quantity mark must be shown in the same color with the nominal quantity and placed in front of the nominal quantity of prepackaged goods. Between the quantity mark and nominal quantity there must be one (01) blank cell.

For example: V 800 g or V 500 ml.

Chapter IV

ANNOUNCEMENT OF THE USE OF QUANTITY MARKS, CERTIFICATES OF ELIGIBILITY FOR USING QUANTITY MARKS

Section 1: REQUIREMENTS FOR ESTABLISHMENTS USING QUANTITY MARKS

Article 10. Requirements for establishment manufacturing prepackaged goods

1. Being established in accordance with law provisions.

2. Having adequate technical facilities that meet the following requirements:

a) Having adequate means of measuring prepackaged goods (for establishments manufacturing prepackaged goods), measuring instruments to self-assess the quantity conformity of prepackaged goods (for establishments self-assessing the quantity conformity of prepackaged goods); measuring instruments that are periodically inspected and calibrated as prescribed;

b) Having a working space, environmental conditions and other conditions as required in Clause 4 of this Article.

3. Having adequate technical staff to take measurement control measures as prescribed in Clause 4 of this Article.

4. Promulgating and taking measurement control measures for measuring instruments, quantitative instruments, implementation of measurement procedures (hereinafter referred to as measurement control measures) in order to ensure measurement technique requirements for quantities of prepackaged goods.

5. Archiving complete dossiers of results of inspection and calibration of measuring instruments, and dossiers of measurement technique assessment of the quantity of prepackaged goods (either by the establishment itself or by the certification agency specified in Article 16 of this Circular which is hired by the establishment).

Article 11. Requirements for establishment importing prepackaged goods

1. Quantity marks must be recorded on labels of category-2 prepackaged goods.

2. Promulgating and taking measurement control measures to ensure measurement technique requirements for quantities of prepackaged goods.

Section 2: ANNOUNCEMENT OF THE USE OF QUANTITY MARKS

Article 12. Order and procedures for announcing the use of quantity marks

1. An establishment satisfying corresponding requirements specified in Article 10, Article 11 of this Circular shall make two (02) copies of announcements of the use of quantity marks on the prepackaged goods’ labels (hereinafter referred to as the announcement) (using Form 1. CBDDL provided in Appendix V attached to this Circular) and send them directly or via postal office to the Department of Standards, Metrology and Quality of province or centrally-run city (hereinafter referred to as the Department of Standards, Metrology and Quality) where the establishment’s head office is registered.

2. Within three (03) working days from the date of receiving the incomplete or insufficient announcements, the Department of Standards, Metrology and Quality shall notify in writing to such establishment of contents to be supplemented.

After thirty (30) days from the date on which the notices are sent by the Department of Standards, Metrology and Quality, if the establishment fails to supplement such announcements as prescribed, the Department of Standards, Metrology and Quality may cancel the processing of such announcements.

3. Within five (05) working days after receiving completed announcements as prescribed, the Department of Standards, Metrology and Quality shall sign, certify and stamp on two (02) copies of announcements of the establishment and return one (01) copy to such establishment.

4. The Department of Standards, Metrology and Quality shall make a book to monitor and manage the receipt of announcements.

Article 13. Archiving dossiers of announcement

1. An establishment shall make and archive dossiers of announcement as follows:

a) The announcement bearing certification and stamp of receipt of the Department of Standards, Metrology and Quality;

b) A document issued by the head of the establishment, stipulating control measures to ensure measurement technique requirements for quantities of prepackaged goods;

c) Dossiers of results of inspection and calibration of measuring instruments, and dossier of measurement technique assessment of the quantity of prepackaged goods; dossiers of results of implementation of other measurement control measures as prescribed.

2. Archiving duration: Two (02) years after the time the dossier is replaced or destroyed or expired.

Article 14. Correction of announcements

1. When there are any changes to contents of the received announcement or the received announcement is lost, damaged and the establishment wishes to re-receive it, it shall re-announce according to the order and procedures specified in Article 12 of this Article.

2. The ordinal number of receipts in the announcement is consecutively numbered from the first confirmation and stamp for receipt to the subsequent receipts of re-announcement.

Article 15. Cancellation of announcement

1. Cancellation of announcement on use of quantity marks on the prepackaged goods’ labels shall be applied in the following cases:

a) The establishment seriously violates provisions in Article 25 of this Circular;

b) The establishment sends a notice on cancellation of announcement to the Department of Standards, Metrology and Quality where it registered for operation;

c) The establishment becomes bankrupt or dissolves in accordance with law provisions.

2. For cases specified at Point b, Clause 1 of this Article, the Department of Standards, Metrology and Quality shall sign and stamp on the notice of announcement cancellation, return it to the establishment and record in the book for monitoring and managing announcement receipt.

Section 3: CERTIFICATION OF ELIGIBILITY FOR USING QUANTITY MARKS

Article 16. Certifying agencies

1. The Directorate for Standards, Metrology and Quality shall certify the eligibility for using quantity marks for requesting establishments that meet prescribed requirements and manufacture, import prepackaged goods nationwide.

2. The Department of Standards, Metrology and Quality shall certify the eligibility for using quantity marks for requesting establishments that meet prescribed requirements and manufacture, import prepackaged goods in the locality.

Article 17. Dossiers of request for certification

Requesting establishments meeting conditions specified in Article 10, Article 11 of this Circular shall compile a (01) set of dossier and send it directly or via postal office to the certifying agencies. Such a dossier must comprise:

1. A request for certification of eligibility for using quantity marks on prepackaged goods’ labels (using Form 2. DNCN provided in Appendix V attached to this Circular).

2. A copy (true copy certified by the manufacturing establishment) of the decision on establishment or enterprise registration certificate granted by the competent State agency.

3. A document issued by the head of the establishment, stipulating measurement control measures to ensure measurement technique requirements for quantities of prepackaged goods.

4. Dossiers of results of inspection and calibration of measuring instruments, and dossier of measurement technique assessment of the quantity of prepackaged goods; dossiers of results of implementation of other measurement control measures as prescribed.

Article 18. Processing of dossiers

1. Within five (05) working days from the date of receiving the incomplete and invalid dossier, the certifying agency shall notify in writing to the requesting establishment of contents to be supplemented.

After ninety (90) days from the date on which the certifying agency sends the notice, if the requesting fails to supplement the dossier as prescribed, the certifying agency may cancel the processing of such dossier.

2. Within thirty (30) working days after receiving the complete and valid dossier, the certifying agency shall issue the decision on establishment an assessment team at the establishment and carry out the assessment under Article 19 of this Circular (for establishments manufacturing prepackaged goods);

3. Within fifteen (15) working days after receiving the complete and valid dossier, the certifying agency shall grant the certificate of eligibility for using quantity marks on the prepackaged goods’ labels (hereinafter referred to as the certificate) in accordance with Article 20 of this Circular to the requesting establishment.

Article 19. At-establishment assessment

1. At-establishment assessment shall be organized in the form of an assessment team and the assessment shall be carried out according to the expert principle.

2. The assessment team shall be established according to the decision of the head of the certifying agency, to carry out the at-establishment assessment, report results and consult to the head of the certifying agency of the conformity of the requesting establishment with requirements specified in this Circular.

3. Participants of the assessment team and responsibilities of its members

a) The assessment team includes the team leader and other members. The number of people on the assessment team depends on the certification request and is not less than two (02) people. The team leader and other members must have a certificate of completion of the training course in measurement assessment of quantities of prepackaged goods organized by the Directorate for Standards, Metrology and Quality;

b) The team leader shall be responsible for: Organizing the implementation of tasks of the assessment team; directly assessing the management system; appointing specific tasks for other members; revoking and chairing meetings of the assessment team; approving dossiers of assessment results before submitting them to the head of certifying agency;

c) Other members shall perform the assigned tasks and take responsibilities before the team leader for the contents and results of task implementation.

4. Assessment contents: Assessment of the conformity of requesting establishments with requirements specified in Articles 10 and 11 of this Circular.

5. Methods and means used for the assessment and procedures for assessment at the establishment shall comply with instructions of the Directorate for Standards, Metrology and Quality.

6. Costs and other conditions serving the at-establishment assessment of the assessment team shall be covered by the requesting agency.

Article 20. Certificates

1. Contents and form of the certificate shall comply with Form 4.GCN provided in Appendix V attached to this Circular.

2. A certificate shall be valid for five (05) years from the date of signing.

3. The certificate shall be sent to the requesting establishment, the Directorate for Standards, Metrology and Quality and the Department of Standards, Metrology and Quality where the requesting establishment manufactures or imports prepackaged goods and uploaded on the portal of the Directorate for Standards, Metrology and Quality.

Article 21. Archiving dossiers of certification

1. A dossier of certification to be archived comprises: A set of dossiers of request for certification specified in Article 17, a dossier of assessment at the establishment specified in Article 19 and a certificate specified in Article 20 of this Circular.

2. One (01) set of dossier of certification shall be kept at the certifying agency.

3. The certified establishment shall be responsible for compiling and archiving one (01) set of dossiers of request for certification at its head office or place of manufacture to ensure the convenience in inspection and examination.

4. Archiving duration: Two (02) years after the certificate expires, or its validity is suspended or canceled.

Article 22. Re-certification, adjustment of certificates

1. At least three (03) months before the expiry of the validity period of the issued certificate or when there is a need to adjust the contents of the certificate, the requesting establishment shall compile one (01) set of dossier as prescribed in Article 17 of this Circular for the contents requested for re-certification or adjustment certification and send it directly or by post to the certifying agency.

2. Depending on each specific case, the certifying agency shall review and decide on inspection of the dossier or assessment at the establishment and processing of dossiers under Article 18 of this Circular.

3. The re-issued certificate or adjusted certificate shall be sent to the certificated establishment, the Directorate for Standards, Metrology and Quality, the Department of Standards, Metrology and Quality where the certified establishment manufactures and imports prepackaged goods and uploaded on the portal of the Directorate for Standards, Metrology and Quality.

4. A re-issued certificate shall be valid for five (05) years from the date of signing. The validity period of an adjusted certificate shall be taken according to the validity period of the certificate with the validity period granted to the certified establishment.

5. The archiving of dossiers of re-certification or adjustment certification shall comply with Article 21 of this Circular.

Article 23. Suspension of the validity of certificates

1. Suspension of the validity of a certificate shall apply to the following cases:

a) The certified establishment does not maintain the satisfaction of requirements as prescribed in Articles 10 and 11 of this Circular, causing serious consequences;

b) The certified establishment requests in writing to suspend the certified scope.

2. Depending on specific cases, the certification agency shall issue the notice on partial or complete suspension of the validity of the issued certificate (hereinafter referred to as the suspension notice).  Suspension period shall not exceed six (06) months form the effective date of the suspension notice.

3. The notice on suspension shall be sent to the suspended establishment, the Directorate for Standards, Metrology and Quality; the Department of Standards, Metrology and Quality where the suspended establishment carries out the manufacturing and importation of prepackaged goods and be posted on the website of the Directorate for Standards, Metrology and Quality.

4. During the suspension period and after the remedial measures have been completed, the suspended establishment has the right to compile one (01) dossier of request for cancellation of the validity of the suspension notice and send it to the certifying agency directly or by post. Such a dossier comprises: A written request on cancellation of the validity of the suspension notice; documents proving that remedial measures have been completed.

5. Depending on specific cases, the certifying agency shall decide to examine the dossier or examine at the establishment for the remedial work content and handle the dossier according to Article 18 of this Circular.

6. The notice on cancellation of the validity shall be sent to the certified establishment, the Directorate for Standards, Metrology and Quality or the Department of Standards, Metrology and Quality where the certified establishment carries out the manufacturing and importation of prepackaged goods and be posted on the website of the Directorate for Standards, Metrology and Quality.

7. The notice on suspension, notice on cancellation of the validity and relevant dossiers shall be archived according to Article 21 of this Circular.

Article 24. Cancellation of the validity of certificates

1. Cancellation of the validity of a certificate shall apply to the following cases:

a) An establishment commits serious acts of violations of Article 25 of this Circular;

b) A suspended establishment fails to complete the remedial measures within the suspension period stated in the suspension notice;

c) A certified establishment requests in writing not to continue using use of quantity marks within the certified scope;

d) The certified establishment is bankrupt or dissolved in accordance with law.

2. Depending on specific cases, the certifying agency shall issue the decision on partial or complete cancellation of validity of the granted certificate (hereinafter referred to as validity cancellation decision for short)

3. The validity cancellation decision shall be sent to the certified establishment, the Directorate for Standards, Metrology and Quality or the Department of Standards, Metrology and Quality where the certified establishment carries out the manufacturing and importation of prepackaged goods and be posted on the website of the Directorate for Standards, Metrology and Quality.

Chapter V

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 25. Responsibilities of organizations and individuals manufacturing, importing, circulating and trading prepackaged goods

1. Responsibilities of organizations and individuals manufacturing, importing prepackaged goods

a) To maintain the satisfaction of requirements specified in Articles 10 and 11 of this Circular;

b) To provide truthful information on quantities of prepackaged goods;

c) To notify customers and consumers of required conditions for transporting, storing, preserving and using prepackaged goods;

d) To ensure that the quantity of prepackaged goods meets the measurement technique requirements as prescribed in this Circular;

dd) When receiving notices of other organizations or individuals or detecting on its own that the prepackaged goods manufactured or imported by the establishment do not conform to the measurement technique requirements, the establishment shall carry out remedial measures and at the same time notify the competent state agency in charge of measurement of the nonconformity, remedial measures and results of remedying the nonconformity;

e) To carry out certification, maintain the satisfaction of conditions and the use, display of the quantity marks on category-2 prepackaged goods’ labels according to this Circular;

g) To submit to state inspection and examination of measurement by competent agencies and persons;

h) Annually before January 31 or at the competent state agency’s request, the establishment shall send a report on the use of quantity marks on prepackaged goods’ labels (using the Form 3.BCTH in Appendix V to this Circular) to the Department of Standards, Metrology and Quality, which has received the announcement or the agency that has granted the certificate of eligibility for using the quantity marks to the establishment.

2. Responsibilities of organizations and individuals circulating and trading prepackaged goods

a) To provide truthful information on quantities of prepackaged goods;

b) To notify customers and consumers of required conditions for transporting, storing, preserving and using prepackaged goods;

c) To receive customers’ proposals on nonconformity of prepackaged goods with measurement technique requirements and notify it to the establishment manufacturing and importing such prepackaged goods;

d) To only circulate and trade prepackaged goods meeting measurement technique requirements. For category-2 prepackaged goods, quantity marks as prescribed in this Circular are required;

dd) To submit to state inspection and examination of measurement by competent agencies and persons.

Article 26. Responsibilities of the Directorate for Standards, Metrology and Quality

1. To grant certificates of eligibility for using the quantity marks on prepackaged goods’ labels as prescribed in this Circular.

2. To promulgate the guidance on methods, means of assessment, assessment order of on-site assessment teams, Vietnamese measurement technique documents, approve training programs, training documents and organizing training of assessment of measurement for quantities of prepackaged goods.

3. To carry out state examination of measurement for within the scope of its responsibilities as prescribed in law on measurement.

4. To promulgate professional guidance on examination and assessment of measurement for the quantity of prepackaged goods; provide information and propaganda of this Circular with relevant organizations and individuals.

5. Periodically once every two (02) years or at the request of a competent state agency, to examine the receipt of announcements on use of quantity marks, the issuance of certificates of eligibility for using quantity marks on prepackaged goods’ labels of the Departments of Standards, Metrology and Quality.

6. To inspect and settle complaints and denunciations and handle violations related to measurement according to law regulations.

Article 27. Responsibilities of Departments of Science and Technology of provinces and centrally-run cities

1. To direct Departments of Standards, Metrology and Quality to conduct the state examination of measurement for quantities of prepackaged goods within their scope of responsibilities as specified in the Government's Decree No. 86/2012/ND-CP dated October 19, 2012 detailing and guiding the implementation of a number of articles of the Law on Measurement and the Circular No. 28/2013/TT-BKHCN dated December 17, 2013 of the Minister of Science and Technology defining state examination of measurement.

2. To direct the inspection and examination of the compliance with law on measurement in the localities.

Article 28. Responsibilities of Departments of Standards, Metrology and Quality of provinces and centrally-run cities

1. To widely disseminate and guide this Circular to relevant organizations and individuals.

2. To receive and confirm announcements on use of quantity marks, make a book and record in the book to monitor and manage the receipt of the announcement; grant certificates of eligibility for using quantity marks on prepackaged goods’ labels according to this Circular.

3. To conduct state examination of measurement for quantities of prepackaged goods in the localities according to the law on measurement.

4. To coordinate in inspecting and settling complaints and denunciations and handling violations related to measurement according to law regulations.

5. Annually before March 31 or at the request of a competent state agency, to summarize the results of receipt of announcements on, certification of eligibility for using quantity marks on prepackaged goods’ labels; the examination of quantities of prepackaged goods in the localities and its results and report on them to the Directorate for Standards, Metrology and Quality.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Circular takes effect on August 30, 2014.

2. To repeal the following legal normative documents:

a) The Decision No. 02/2008/QD-BKHCN dated February 25, 2008 of the Minister of Science and Technology, promulgating “Regulations on measurement examination for quantitatively prepackaged goods”;

b) The Decision No. 07/2008/QD-BKHCN dated July 08, 2008 of the Minister of Science and Technology, promulgating “List of prepackaged goods subject to state management of measurement”.

Article 30. Organization of implementation

1. The Directorate for Standards, Metrology and Quality shall be responsible for guiding and organize the implementation of this Circular.

2. Heads of state agencies, related organizations and individuals are responsible for implementation of this Circular.

3. Any difficulty and problem arising in the course of implementation should be promptly reported in writing to the Ministry of Science and Technology for study, amendment and supplement./.

APPENDIX I

UNITS OF MEASUREMENT
(Attached to the Circular No. 21/2014/TT-BKHCN dated July 15, 2014 of the Minister of Science and Technology)

APPENDIX II

MINIMUM HEIGHTS OF LETTERS AND NUMBERS
(Attached to the Circular No. 21/2014/TT-BKHCN dated July 15, 2014 of the Minister of Science and Technology)

APPENDIX III

FORMULA FOR CALCULATING S AND
THE CORRECTION FACTOR K
(Attached to the Circular No. 21/2014/TT-BKHCN dated July 15, 2014 of the Minister of Science and Technology)

1. Formula for calculating s

The mean square deviation of the real quantity s is calculated according to the following formula:

 is the real quantity of the i^th prepackaged goods unit (i=1, 2, ..., n);

2. Correction factor k

The selected correction factor k is corresponding to lot size (N), sample size n, sample-collecting place, unit of measurement (of mass, volume, area, length or cardinal number) and is determined as follows:

+ In cases of taking samples of prepackaged goods quantified according to the unit of measurement of mass or volume at the place of manufacturing, importation, circulation, trading, the correct factor k shall be selected according to Table 1.

Table 1

+ In cases of taking samples of prepackaged goods quantified according to the unit of measurement of length, area or cardinal number at the place of manufacturing, importation, circulation, trading, the correct factor k shall be selected according to Table 2.

 Table 2

+ In cases of taking samples of prepackaged goods quantified according to the unit of measurement of mass or volume at the place of importation, circulation, trading and it is necessary to tear the package of such prepackaged goods, the correct factor k shall be selected according to Table 3.

Table 3

APPENDIX IV

TOLERABLE DEFICIENCY (T)
(Attached to the Circular No. 21/2014/TT-BKHCN dated July 15, 2014 of the Minister of Science and Technology)

Note:

(¹): For item 1 in the Table above, T is rounded to the next tenth of g (or mL) for Q_n £ 1,000 g (or 1,000 mL) and to the next ones of g (or mL) for Q_n > 1,000 g (or 1,000 mL);

(²): Is only required to satisfy requirements of X_tb average value;

(³): T is rounded to the next integer.

* Some Appendices are not translated herein.