Decision No. 29/2002/QD-BKHCNMT dated May 17, 2002 of the Ministry of Science, Technology and Environment promulgating the regulation on recognition of capability of, and authorization for, testing measuring devices

DECISION

PROMULGATING THE REGULATION ON RECOGNITION OF CAPABILITY OF, AND AUTHORIZATION FOR, TESTING MEASURING DEVICES

THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

Pursuant to the Ordinance on Measurement of October 6, 1999;

Pursuant to Article 13 of the Government’s Decree No.06/2002/ND-CP of January 14, 2002 detailing the implementation of the Ordinance on Measurement;

Pursuant to the Government’s Decree No.22/CP of May 22, 1993 on the tasks, powers and organizational structure of the Ministry of Science, Technology and Environment;

At the proposal of the General Director of Standardization, Metrology and Quality Control,

DECIDES:

Article 1.-To promulgate together with this Decision the Regulation on recognition of capability of, and authorization for, testing measuring devices

Article 2.-The General Director of Standardization, Metrology and Quality Control shall have to guide and inspect the implementation of this Decision.

Article 3.-This Decision takes effect 15 days after its signing.

Article 4.-The General Department of Standardization, Metrology and Quality Control, the Sub-Departments of Standardization, Metrology and Quality Control and the concerned organizations and individuals shall have to implement this Decision.

REGULATION

ON RECOGNITION OF CAPABILITY OF, AND AUTHORIZATION FOR, TESTING MEASURING DEVICES
(Promulgated together with Decision No. 29/2002/QD-BKHCNMT of May 17, 2002 of the Minister of Science, Technology and Environment)

1. General provision

1.1. Regarding the recognition of measuring device-testing capability

1.1.1. The recognition of measuring device-testing capability means a process whereby the competent State management agency in charge of measurement examines and evaluates the testing capability of the Sub-Departments of Standardization, Metrology and Quality Control of the provinces and centrally-run cities and organizations under the General Department of Standardization, Metrology and Quality Control (hereinafter referred collectively to as organizations) in order to recognize such organizations eligibility to test measuring devices.

The testing of measuring devices by the above-said organizations shall be considered lawful only after their testing capability is recognized.

1.1.2. The examination and evaluation for the purpose of recognizing the testing capability of organizations must be based on the following conditions:

a/ Having sufficient testing standards and devices, ensuring the prescribed temperature, pressure and humidity of their laboratories, and necessary working facilities and spaces for the testing as required by the current testing process;

b/ Getting their measuring standards and devices used in the testing tested and standardized;

c/ Having qualified metrological testers, who are certified and granted tester’s cards.

1.2. Regarding the authorization for testing measuring devices:

1.2.1. The measuring device testing authorization means a process whereby the competent State management agency in charge of measurement examines and evaluates the testing capability of agencies and organizations (hereinafter referred collectively to as organizations) other than those mentioned in item 1.1.1 for the purpose of authorizing such organizations to test measuring devices.

1.2.2 The consideration of testing authorization shall be based on the practical demands for testing measuring devices of branches, localities, establishments and users thereof, as well as the testing capability of the agencies having their testing capability recognized.

1.2.3. The would-be authorized testing organizations requested to be authorized to test must satisfy all the conditions prescribed in item 1.1.2 and have the legal person status, stable organizational structures and management and operation routines, thus ensuring the impartiality and objectiveness of the testing.

1.3. The General Department of Standardization, Metrology and Quality Control (hereinafter called the General Department for short) is the State management agency in charge of measurement competent to recognize the testing capability and authorize the State testing.

2. Procedures for recognizing the measuring device testing capability

2.1. The recognition of the measuring device testing capability

2.1.1. Organizations requesting the recognition of their testing capability shall compile requesting dossiers and send them to the General Department.

Each dossier comprises:

a/ The application;

b/ A report on the testing capability.

2.1.2. Reception and processing of dossiers requesting the testing capability recognition;

a/ If dossiers are not compliant with regulations, the General Department shall, within five working days, notify to the organizations requesting the recognition the contents that need to be supplemented or improved;

b/ When dossiers are compliant with regulations, the General Department shall, within one month, organize the on-the-spot examination and evaluation according to the provisions in Section 4 of this Regulation.

2.1.3. Basing itself on the on-the-spot evaluation results, the General Department shall consider and decide on the recognition.

Decisions on testing capability recognition must clearly state the recognizing scope, covering: names, measuring scope and precision levels/degrees of and testing regime applicable to, the measuring devices.

Effective duration of each decision on testing capability recognition shall be 5 years.

2.2. Re-recognition of the measuring device-testing capability

Two months before the decisions on testing capability recognition expire, the organizations having their testing capability recognized must compile and send to the General Department dossiers for re-recognition.

Each dossier comprises:

a/ The application;

b/ A report on testing activities during the period of recognition;

c/ Examination and inspection records of the competent agencies made during the period of recognition (if any).

Within 10 working days, the General Department shall examine dossiers and decide on the re-recognition.

In cases where dossiers fail to provide adequate bases for deciding on the re-recognition, the General Department shall organize the on-the-spot examination and evaluation according to the provisions in Section 4 of this Regulation.

2.3. Expansion of measuring device testing capability:

When wishing to expand their capability to test new measuring devices or the already recognized testing scopes, the organizations with recognized testing capability shall compile and send dossiers of requesting the expansion to the General Department.

The procedures for examining, evaluating and deciding on the testing capability expansion shall be carried out as for the testing capability recognition.

3. Procedures for authorizing the measuring device testing

3.1. Measuring device testing authorization

3.1.1 The would-be authorized testing organizations shall compile and send dossiers to the General Department and Sub-Departments of Standardization, Metrology and Quality Control in the localities (hereinafter called Sub-Departments for short).

Each dossier comprises:

a/ The application;

b/ A report on testing capability;

c/ Copies of documents evidencing the legal person status of the organization.

3.1.2. Reception and processing of dossiers:

a/ If dossiers are not compliant with regulations, the concerned Sub-Departments shall, within five days, have to notify the organizations requesting the testing authorization of contents which need to be supplemented and improved, and provide guidance thereon;

b/ When dossiers are compliant with regulations, the Sub-Departments shall, within 10 working days, have to give their opinions on the testing authorization requests and forward such requests to the General Department.

3.1.3. Consideration and decision:

a/ Basing itself on dossiers of authorization-requesting organizations and after consulting the opinions of Sub-Departments, the General Department shall, within one month, have to organize the on-the-spot examination and evaluation according to the provisions in Section 4 of this Regulation.

b/ Basing itself on the on-the-spot evaluation result, the General Department shall consider and decide on the testing authorization.

The testing authorization decisions must clearly state the authorization scope, covering: names, measuring scopes and precision levels/degrees of, and testing regimes applicable to, the measuring devices.

The effective duration of a testing authorization decision shall be three years.

3.2. Prolongation of the measuring device testing authorization

Two months before a testing authorization decision expires, the authorized organization, if wishing to be further authorized, shall have to compile and send a dossier requesting the prolongation of measuring device testing authorization to the General Department.

Each dossier of requesting the prolongation comprises:

a/ The application;

b/ A report on testing activities during the period of recognition;

c/ Examination and inspection written records of the competent agencies made during the period of authorization (if any).

Within 10 working days, the General Department shall examine dossiers and decide on the prolongation.

In cases where the dossiers fail to provide enough bases for deciding on the prolongation, the General Department shall organize the on-the-spot evaluation according to the provisions in Section 4 of this Regulation.

3.3. Expansion of measuring device testing authorization

When their testing capability is enhanced, the authorized organizations may compile dossiers requesting the expansion of authorization to test new measuring devices or the expansion of the already authorized testing scopes.

The procedures for examining, evaluating and deciding on the testing authorization expansion shall be carried out as for requesting the testing authorization.

4. On-the-spot examination and evaluation

4.1. On-the-spot examination and evaluation shall be carried out according to the following contents:

a/ Examination of the compatibility of testing standards and devices, temperature, pressure and humidity of laboratories with the prescribed requirements and of working facilities and grounds with the requirements of the testing process;

b/ Examination of the certified metrological testers compatibility with the requirements of the requested scope of testing capability recognition or testing authorization;

c/ Examination of organizational structure, management and operation routines of organizations requesting testing recognition or authorization in order to ensure the objectiveness, impartiality and scientism in the testing (persons directly in charge of testing; responsibility decentralization; system of dossiers, books, documents, etc.).

4.2. Contents of on-the-spot evaluation reports must cover:

a/ The compatibility of testing standards and devices, temperature, pressure and humidity of laboratories with the prescribed requirements and of working facilities and grounds, testers, organizational structures, management and operation routines with the requirements already set for the testing of measuring devices requested to be recognized or authorized;

b/ Improper matters, which must be addressed, supplemented or improved;

c/ List of measuring devices with testing requested for recognition or authorization (clearly stating their names, measuring scopes, precision levels/degrees and corresponding testing regimes).

5. Suspension of validity of the recognition of capability of, and authorization for, testing measuring devices

5.1. For organizations with their testing capability recognized or organizations authorized to test measuring devices (hereinafter referred collectively to as testing organizations), when they are no longer able to maintain the conditions for testing activities already recognized (item 1.1.2) or authorized (item 1.2.3), the General Department of Standardization, Metrology and Quality Control shall issue decisions to partially or wholly suspend the testing validity.

5.2. When decisions to partially or wholly suspend the testing are issued, the testing organizations shall have to stop the testing activities defined in such decisions and improve the testing conditions as prescribed. After completing the improvement, the testing organizations shall report such to the General Department for consideration and decision on the suspended testing.

6. Test seals, test stamps and certificates of measuring device testing

The use and management of test seals, test stamps and certificates of measuring device testing by the testing organizations must strictly comply with the regulation promulgated together with Decision No.59/2001/QD-BKHCNMT of November 13, 2001 of the Minister of Science, Technology and Environment.

7. Responsibilities of measuring device-testing organizations

7.1. To maintain conditions for testing activities already recognized or authorized;

7.2. To test measuring devices within the recognized or authorized scopes strictly according to the current testing process, satisfying the requirements of establishments having registered for measuring device testing;

7.3. To fully keep testing dossiers;

7.4. To report their testing activities to the General Department and local Sub-Departments (for authorized testing organizations) once every year before December 15;

7.5. To submit to the metrological examination and inspection as prescribed.

8. Examination and inspection of measuring device-testing organizations

8.1. The State management agencies in charge of measurement at all levels shall, within the ambit of their respective functions, tasks and powers, inspect the observance of regulations on testing activities by the testing organizations.

8.2. The inspection of testing activities of the testing organizations shall comply with regulations of specialized measurement inspectorate.