Decision No. 140/2004/QD-TTg dated August 05, 2004 of the Prime Minister defining the functions, tasks, powers and organizational structure of the Seneral Department of Standardization, Metrology and Quality Control

DECISION

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE GENERAL DEPARTMENT OF STANDARDIZATION, METROLOGY AND QUALITY CONTROL

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

Pursuant to the Government's Decree No. 54/2003/ND-CP of May 19, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology and Decree No. 28/2004/ND-CP of January 16, 2004 amending and supplementing a number of articles of the Government's Decree No. 54/2003/ND-CP of May 19, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the proposals of the Minister of Science and Technology and the Minister of Home Affairs,

DECIDES:

Article 1.- Position and functions

The General Department of Standardization, Metrology and Quality Control is an agency attached to the Ministry of Science and Technology, performing the function of State management over standardization, metrology as well as product and goods quality according to law provisions.

The General Department of Standardization, Metrology and Quality Control has the legal person status and its seal bearing the national emblem, is a grade II-budget estimating unit and has its own accounts. The General Department is headquartered in Hanoi city.

Article 2.- Tasks and powers

The General Department of Standardization, Metrology and Quality Control shall perform the tasks and exercise the powers according to law provisions on standardization, metrology as well as product and goods quality, other relevant law provisions, as well as the following specific tasks and powers:

1. To elaborate and submit to the Minister of Science and Technology legal documents on standardization, metrology as well as product and goods quality; to guide and organize the implementation thereof after they are promulgated.

2. To elaborate and submit to the Minister of Science and Technology development policies, strategies, plannings, plans and measures on standardization, metrology as well as product and goods quality; to guide and organize the implementation thereof after they are approved.

3. Regarding standardization:

a/ To assist the Minister of Science and Technology in performing the uniform State management over the system of Vietnamese standards, including:

- To elaborate and submit to the Minister of Science and Technology Vietnamese standards;

- To submit to the Minister of Science and Technology documents guiding the application of Vietnamese standards, international standards and foreign standards in Vietnam;

- To submit to the Minister of Science and Technology the list of products and goods subject to the application of Vietnamese standards, the list of products and goods subject to Vietnamese-standard compatibility certification.

b/ The General Department of Standardization, Metrology and Quality Control shall perform the following tasks:

- To guide the elaboration and registration of branch standards, and elaboration of establishments' standards according to law provisions;

- To assume the prime responsibility for participating in the elaboration of international and regional standards according to law provisions.

4. Regarding metrology:

a/ To assist the Minister of Science and Technology in performing the uniform State management over the system of measurement standards, including:

- To submit to the Minister of Science and Technology the plan on development of the national system of measurement standards; to assign agencies to keep and preserve national measurement standards;

- To submit to the Minister of Science and Technology for promulgation the regulations on measurements and measuring methods, and the regulations requesting the measurement organizations and individuals to create favorable conditions for measuring device-users to inspect measurements and measuring methods.

b/ The General Department of Standardization, Metrology and Quality Control shall perform the following tasks:

- To keep and preserve national measurement standards;

- To build and manage the system of national measurement standards; to guide ministries, branches and localities in building the system of measurement standards;

- To organize and manage the expertise and standardization of measuring devices, recognize the capability to expertise measuring devices;

- To certify standard samples, approve measuring-device samples before the production or import thereof according to law provisions;

- To grant and withdraw measurement expert's cards.

5. Regarding product and goods quality:

a/ To assist the Minister of Science and Technology in performing the uniform State management over the quality of domestically circulated products and goods as well as export and import goods, including:

- To submit to the Minister of Science and Technology for prescription the principles, conditions and criteria of the quality-recognizing, -certifying and -expertising organizations;

- To submit to the Minister of Science and Technology for prescription the quality-publicizing, -recognizing and -certifying activities;

- To submit to the Minister of Science and Technology the list of products and goods subject to State inspection over quality, bases for inspection, and the list of organizations designated to inspect product and goods quality;

- To submit to the Minister of Science and Technology for prescription the settlement of disputes over product and goods quality according to law provisions;

- To assist the Minister of Science and Technology in assuming the prime responsibility for, and coordinating with the concerned ministries and branches in, signing and implementing international agreements and treaties on mutual recognition in quality-recognizing and -certifying activities.

b/ The General Department of Standardization, Metrology and Quality Control shall perform the following tasks:

- To assume the prime responsibility for, and coordinate with the concerned agencies in, organizing inspection of the quality of products and goods at border gates and on the market;

- To assess, recognize and designate technical service organizations to participate in the State management over the quality of products and goods under the managing competence of the Ministry of Science and Technology;

- To coordinate with the concerned State agencies in designating technical service organizations to participate in the State management over the quality of products and goods under the managing competence of such agencies;

- To guide the quality-publicizing, -recognizing and -certifying activities.

6. To organize and conduct scientific research, professional and technical training and fostering, technology testing and transfer; to provide information, propagation and consultancy on standardization, metrology, quality, productivity, numeral codes and bar codes.

7. To enter into international cooperation on standardization, metrology, quality, productivity, numeral codes and bar codes according to law provisions; to represent Vietnam in international and regional organizations under decisions of competent State agencies.

8. To inspect, examine and handle according to its competence violations of the legislation on standardization, metrology, quality, numeral codes and bar codes.

9. To manage the collection of charges, fees and other remittances in standardization, metrology and quality activities and relevant domains according to law provisions.

10. To provide professional and technical guidance and examination to the standardization, metrology and quality agencies of ministries, branches, localities and establishments.

11. To guide and inspect activities of the standardization, metrology and quality control service non-business organizations.

12. To formulate and implement the General Department's administrative reform program according to the objectives and contents of the State administrative reform program of the Ministry of Science and Technology.

13. To manage organizational apparatus, officials and public employees as well as laborers of the General Department according to the Science and Technology Ministry's management decentralization and the State's regulations.

14. To manage finance and assets of the General Department according to law provisions.

15. To be entitled to directly contact relevant State agencies according to law provisions or under authorization of the Minister of Science and Technology.

16. To perform other tasks assigned by the Minister of Science and Technology.

Article 3.- Organizational structure

a/ Organizations assisting the General Director:

1. The Standardization Department;

2. The Metrology Department;

3. The Department for Compatibility Assessment;

4. The Finance-Planning Department;

5. The International Cooperation Department;

6. The Organization and Personnel Department;

7. The Inspectorate;

8. The Office;

9. The Department for Goods Quality Management (with two dependent Sub-Departments: The Goods Quality Management Sub-Department based in Da Nang city and the Goods Quality Management Sub-Department based in Ho Chi Minh city; the goods quality inspection units located at international border gates under the Science and Technology Minister's decisions after the Prime Minister's permission is obtained).

b/ Non-business units:

1. Vietnam Quality Standards Center;

2. Vietnam Metrology Center;

3. The Standardization, Metrology and Quality Control Center 1, based in Hanoi city;

4. The Standardization, Metrology and Quality Control Center 2, based in Da Nang city;

5. The Standardization, Metrology and Quality Control Center 3, based in Ho Chi Minh city;

6. The Standardization, Metrology and Quality Control Notification Authority and Inquiry Point (called Vietnam TBT Point for short).

The other non-business units under the General Department of Standardization, Metrology and Quality Control shall be reorganized under decisions of the Minister of Science and Technology according to law provisions.

The Minister of Science and Technology shall prescribe the organization and operation of the units specified in Article 3 of this Decision.

Article 4.- The leadership of the General Department

The General Department of Standardization, Metrology and Quality Control is composed of the General Director and no more than three deputy-general directors. The General Director shall be appointed and dismissed by the Prime Minister at the proposal of the Minister of Science and Technology. The General Director shall be answerable to the Minister of Science and Technology and law for all activities of the General Department of Standardization, Metrology and Quality Control.

Deputy-general directors of the General Department of Standardization, Metrology and Quality Control shall be appointed and dismissed by the Minister of Science and Technology at the proposal of the General Director, and be answerable to the General Director and law for their assigned working domains.

Article 5.- Implementation effect and responsibilities

This Decisions takes effect 15 days after its publication in the Official Gazette.

The Minister of Science and Technology, the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the presidents of the provincial/municipal People's Committees, and the General Director of Standardization, Metrology and Quality Control shall have to implement this Decision.