Circular 23/2013/TT-BKHCN measurement regulations of category-2 measuring instruments

CIRCULAR

On measurement regulations of category-2 measuring instruments

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

Pursuant to the Decree No. 20/2013/ND-CP dated February 26, 2013 of the Government 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,

The Minister of Science and Technology promulgates the Circular on measurement regulations of category-2 measuring instruments.

Chapter I

GENERAL REGULATIONS

Article 1. Scope of regulation

1. This Circular provides the measurement regulations of category-2 measuring instruments (hereinafter referred to as measuring instruments) including: list of measuring instruments, measurement control measures and measuring instrument verification interval; type approval; verification of measuring instruments.

2. This Circular does not apply to radiation and nuclear measuring instruments, measuring instruments being goods eligible for preferential treatment or goods exempt from customs procedures, temporarily imported and re-exported goods, goods in transit or border-gate transfer, goods stored in bonded warehouses, goods serving emergency purposes, goods directly serving specific measurements in the national defense and security sector.

Article 2. Subjects of application

1. Organizations and individuals (hereinafter referred to as establishments) that produce, import, trade, and use measuring instruments.

2. Appointed measuring instrument verification, calibration or testing organizations.

3. State agencies in charge of measurement, other relevant organizations and individuals.

Article 3. Interpretation of terms

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

1. Technical measurement requirements means a set of technical measurement specifications of measuring instruments specified in current Vietnamese measurement technical documents.

2. Category-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 measurement requirements specified in current Vietnamese technical measurement documents.

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

4. Verification means a measurement control measure taken by an appointed inspecting organization to assess and certify that measuring instruments comply with technical measurement requirements.

5. Manufacturer of measuring instruments means the organization or individual that performs one or more than one of the following activities: technology transfers, manufacturing, assembly, innovation, and upgrade of measuring instruments in Vietnam.

6. Importer of measuring instruments means the organization or individual that imports or entrusts the import of completed built-up measuring instruments.

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

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

Chapter II

LIST OF MEASURING INSTRUMENTS, MEASUREMENT CONTROL MEASURES AND MEASURING INSTRUMENT VERIFICATION INTERVAL

Article 4. List of measuring instruments, measurement control measures and measuring instrument verification interval

The list of measuring instruments, measurement control measures and measuring instrument verification interval includes:

1. The measuring instruments, measurement control measures and measurement instrument verification interval are specified in the following table:

In which:

- Symbol “x”: indicates mandatory tasks of the measuring instruments;

- Symbol “-”: indicates optional tasks of the measuring instruments.

2. The measuring instruments not specified in Clause 1 of this Article, used in inspection, examination and judicial assessment and other public-duty activities, must be verified and calibrated at request of state management agencies without type approval.

Article 5. Amendment and supplementation of the List of measuring instruments, measurement control measures and measuring instrument verification interval

Every year, at the proposals of ministries, ministerial-level agencies and state management requirements on measurement, the Directorate for Standards, Metrology, and Quality (hereinafter referred to as the Directorate) synthesizes and submits to the Ministry of Science and Technology shall consider and decide to amend and supplement the list of measuring instruments, measurement control measures and measuring instrument verification interval specified in Article 4 of this Circular.

Chapter III

TYPE APPROVAL

SECTION 1

ORDER AND PROCEDURES FOR TYPE APPROVAL

Article 6. Requirements for type approval

1. Type approval includes: Registration for type approval; type testing and assessment; decision on type approval.

2. Type testing must be performed by a testing organization on the list of testing organizations appointed by the Directorate.

The list of appointed testing organizations is posted on the website of the Directorate.

3. The structure, technical features of the type must be able to resist impacts that changes the primary technical measurement specifications during use; be tested, assessed, and considered conformable with technical measurement requirements.

4. The manufacturers and importers of measuring instruments granted type approval must take measures to ensure that the measuring instruments manufactured or imported are conformable with the approved type.

Article 7. Type approval registration dossier

The establishment prepares one (01) set of type approval registration dossier and sends it to the Directorate whether directly or by post. The set of dossier consists of:

1. Registration for type approval of measuring instruments according to Form 1. DKPDM in the Appendix issued with this Circular.

2. Set of technical documents of the type. The documents must clearly state: Operating principle, structural principle diagram, instructions for use; important structures that affect the main technical measurement specifications of the type; positions of primary measurement specifications of the type; positions of stamping, inspection stamp, seal and other specifications if any on the type; structural positions or technical specifications meant to prevent impacts that change the primary technical measurement specifications of the type in use (in Vietnamese language or English language or both).

3. Set of color pictures of the type and a CD that contain the pictures. The set of pictures includes: One (01) overall photo of the type; photos of the front (side showing measurement results), rear, top, bottom (if any), right and left sides of the type; separate pictures showing information about the symbol, type and primary technical measurement specifications of the type; electronic circuit board (if any), buttons; positions of the label and inspection stamps; positions of the seals; other parts that directly affect primary technical measurement specifications of the type.

Dimensions of pictures must be the same and range between 100 mm x 150 mm and 210 mm x 297 mm; pictures shall be attached to or printed on A4 papers bound together. Pictures must be clear and reflect accurate information about technical measurement specifications of the type to serve comparison and inspection of conformity of measuring instruments manufactured/imported with the approved type.

4. Commitment to the software program of the measuring instrument according to Form 2. CKPM in the Appendix issued with this Circular (if measuring instruments are operated and controlled by software programs).

5. Set of dossiers of test results and type assessment as prescribed in Article 12 of this Circular.

In case the establishment requests exemption or reduction of type testing in the registration for type approval of measuring instrument, the dossier set includes documents related to the exemption or reduction of testing in accordance with Article 10 of this Circular.

6. List of documents on the development and application of management and technical measures to ensure that produced or imported measuring instruments are consistent with approved types.

Article 8. Processing of type approval registration dossier

1. Within seven (07) working days from the date of receipt of the dossier, if the dossier is not complete and valid, the Directorate shall notify the establishment in writing of the contents to be amended and supplemented.

2. In case in the dossier has request for exemption or reduction of type testing but there is not enough basis for exemption or reduction, the Directorate shall notify the establishment in writing of requested type testing and/or supplementation and completion of the type approval registration dossier.

3. Within twenty (20) working days from the date of receiving the notification from the Directorate, if the establishment is not able to complete the application, the establishment must send a document to the Directorate clearly stating the reason and time limit for completion. The dossier shall only be processed when the dossier is complete and valid.

4. Within ten (10) working days from the date of receipt of complete and valid dossier, the Directorate shall issue a decision on the type approval as prescribed in Article 13 of this Circular.

Article 9. Type testing

1. The type testing is selected by the establishment registering for type approval and is carried out in accordance with the agreement with the appointed measuring instrument testing organization.

2. The number of test types and type testing order and procedures are carried out according to the corresponding testing procedures issued by the Directorate.

3. In case no testing procedures are available, the Directorate shall appoint a testing organization to develop temporary testing procedures, submit it to the Directorate for approval and conduct type testing.

The development of temporary testing procedures is based on the recommendations of the International Organization for Legal Metrology (OIML), standards of the International Electrotechnical Commission (IEC), standards of the International Organization for Standardization (ISO), Vietnam’s standards (TCVN), intramural standards (TCCS), foreign standards, technical regulations related to types.

Article 10. Exemption or reduction of type testing

1. Exemption from type testing applies to one of the following cases:

a) Imported measuring instruments have a certificate of conformity from an international measurement organization or have a type approval certificate from a competent foreign measurement agency and are recognized by the Directorate for the test results of such measuring instruments;

b) Measuring instruments manufactured or imported according to approved types for another establishment and the import/manufacturing of such measuring instruments is permitted in writing by such establishment;

c) Measuring instruments imported belong to a project approved by competent state management agencies.

2. Reduction of type testing shall be considered and granted in one of the following cases:

a) The measuring instrument is renovated or improved from the type approved for the establishment registering for type approval but one or several primary technical measurement specifications are modified compared to the approved type;

b) Measuring instruments are of the same type of the type approved for the establishment registering for type approval.

The Directorate reviews and decides on the reduction and level of reduction in type testing.

Article 11. Type assessment

1. The assessment of the tested type is performed by the organization testing such type.

In case the type is exempt from testing, the Directorate shall appoint an organization to carry out type assessment.

2. Type assessment content:

a) Conformity of type testing results with corresponding technical measurement requirements;

b) Conformity of the structure and technical features of the type with the requirements to ensure the prevention of impacts that change the primary technical measurement specifications of measuring instruments manufactured or imported according to the approved type during use;

c) Conformity of type pictures with requirements to ensure comparison, comparison, and inspection of conformity of manufactured or imported measuring instruments with approved types;

d) Conformity of management and technical measures developed and applied by the establishment with the requirements specified in Clause 4, Article 6 of this Circular.

3. Assessment methods:

a) Review of the registration dossier and relevant documents;

b) Discussion with technical experts on relevant information;

c) Actual inspection at the establishment (in cases the assessment method specified in Points a and b, Clause 3 of this Article has been implemented but there is not enough basis for conclusion).

Article 12. Dossiers of results of type testing and type assessment

At the end of type testing and assessment, the organization performing type testing and assessment prepares one (01) set of documents to submit to the Directorate. The dossiers include:

1. Summary report on the results of type testing and type assessment using Form 3. BCPDM in the Appendix issued with this Circular.

2. Testing certificate, minutes of testing results according to the form specified in the corresponding testing procedure (for types to be tested according to regulations).

Article 13. Decision on type approval

1. Based on the type approval registration dossier and the valid type testing and evaluation results dossier, the Directorate shall consider and decide to approve the type for the establishment.

In case the establishment's dossier does not meet the requirements, the Directorate issue a written notification of the rejection and provide explanation.

2. The decision on type approval has the following main contents:

a) Name and address of the establishment's headquarters;

b) Name of manufacturer and country of manufacture (for imported types);

c) Symbol and category of type;

d) Primary technical measurement specifications of type;

dd) Type approval symbol;

e) Validity.

3. Validity

a) The validity of the type approval decision or extension decision is ten (10) years from the date of signing;

b) The validity of the adjustment decision is the same as the previous one.

4. Type approval symbol is specified in Form 4. KHPDM in the Appendix issued with this Circular.

5. The decision on type approval is sent to the establishment and the Department of Standards, Metrology and Quality where the establishment's head office is registered.

6. The decision and pictures of the approved form are posted on the website of the Directorate.

Article 14. Retention of dossier of approved types

1. The approved type dossier set includes: Decision on type approval, type approval application dossier specified in Article 7 and dossier of testing results and type assessment specified in Article 12 of this Circular.

2. One (01) set of dossiers is kept at the Directorate. The establishment is responsible for preparing one (01) set of dossiers of the approved type and keeping it at the establishment.

3. The retention period is five (05) years after the type approval decisions, adjustment decisions, and extension decisions expire.

SECTION 2

EXTENSION OF EFFECT, ADJUSTMENT OF CONTENT, SUSPENSION, CANCELLATION OF DECISION ON TYPE APPROVAL
 

Article 15. Extension of the effect of the type approval decision

1. The effect extension is only carried out once (01) for one (01) type approval decision.

2. One (01) month before the expiration date of the decision on type approval, if there is a need, the establishment shall prepare one (01) set of application for extension and sends it to the Directorate whether directly or by post. The set of dossier consists of:

a) Proposal for renewal of the decision on type approval of the measuring instruments according to Form 5. DNGHPDM of the Appendix issued with this Circular;

b) Certified true copy (with confirmation of true copy from the establishment) of type approval decision.

3. Based on the application dossier, the Directorate shall consider and decide to extend the effect of the type approval decision (hereinafter referred to as the extension decision) in accordance with Article 13 of this Circular.

4. The extension decision and the dossier requesting effect extension are kept in accordance with Article 14 of this Circular.

Article 16. Adjustment of the content of the type approval decision

1. In case of request to change the name and head office address of the establishment with an approved form

a) The establishment prepares one (01) set of dossiers requesting adjustment and sends it to the Directorate whether directly or by post. The set of dossier consists of:

- Written request for adjustment;

- Documents related to the proposed adjustment content.

b) Within seven (07) working days from the date of receipt of complete and valid documents, the Directorate shall consider and issue an adjustment decision in accordance with Article 13 of this Circular on the adjusted content.

2. In case of request to adjust the contents related to the provisions at Point b, Point c, Point d Clause 2 Article 13 of this Circular

a) The establishment prepares one (01) set of dossiers requesting adjustment and sends it to the Directorate whether directly or by post. The set of dossier consists of:

- Written request clearly stating the content of the proposed adjustment;

- Documents related to the proposed adjustment content.

b) Within seven (07) working days from the date of receipt of valid documents, the Directorate shall review and issue written instructions to the establishment to approve the new type or issue adjustment decision in accordance with Article 13 of this Circular for adjusted content.

3. Adjustment decisions and adjustment request documents are kept as prescribed in Article 14 of this Circular.

Article 17. Suspension of the effect of the type approval decision

1. Part or all of the decision on type approval shall be suspended in the following cases:

a) The establishment fails to fulfill its responsibilities as prescribed in Article 23 of this Circular, causing serious consequences;

b) The establishment has a written request to suspend the effect of the type approval decision.

2. The Directorate shall consider and issue a decision to suspend the part or all of the decision on type approval (hereinafter referred to as suspension decision) on a case-by-case basis. The suspension period must not exceed six (06) months from the effective date of the suspension decision.

3. The suspension decision is sent to the establishment and the Department of Standards, Metrology and Quality where the establishment's head office is registered and posted on the website of the Directorate.

4. During the suspension period specified in Clause 2 of this Article, after completing the remediation of consequences due to failure to carry out responsibilities as prescribed in this Circular, the suspended establishment has the right to prepare one (01) set of dossiers requesting to annul the effect of the suspension decision and send it to the Directorate, whether directly or by post. The set of dossier consists of:

a) A written request for canceling the suspension decision;

b) Documents and dossiers proving completion of remediation.

5. On a case-by-case basis, the Directorate shall decide whether to examine the said documents or carry out a site inspection at the establishment’s premises to verify the rectification.

6. Within seven (07) working days from the date of receipt of the dossier, if the dossier does not comply with regulations, the Directorate shall notify the establishment of the contents to be supplemented or amended.

7. Within seven (07) working days from the date of receipt of complete and valid documents, the Directorate shall issue a decision on annulment of the suspension decision (hereinafter referred to as the decision on annulment).

8. Retention of decisions and dossiers of suspension and dossiers of request for annulment shall comply with the provisions of Article 14 of this Circular.

Article 18. Cancellation of the effect of the type approval decision

1. Cancellation of the effect of the type approval decision applies to the following cases:

a) The establishment with the approval type is bankrupt, dissolved or has seriously violated the law;

b) The establishment has a suspension decision that has exceeded the suspension period but has not completed the remediation;

c) The establishment has a written request not to continue producing or importing measuring instruments according to the approved type.

2. The Directorate issues a decision on annulment of the type approval decision (hereinafter referred to as the decision on annulment).

3. The cancellation decision is sent to the establishment and the Department of Standards, Metrology and Quality where the establishment's head office is registered and posted on the website of the Directorate.

Chapter IV

VERIFICATION OF MEASURING INSTRUMENTS

SECTION 1

GENERAL REQUIREMENTS FOR VERIFICATION
 

Article 19. Verification regimes

1. Initial verification means the first verification of measuring instruments before being put into use.

2. Periodic verification means the periodic verification specified in Article 4 of this Circular for measuring instruments during use.

Comparative verification is a form of periodic verification carried out according to the requirements specified in Section 2 Chapter IV of this Circular.

3. Post-repair verification means the verification of measuring instruments in one of the following cases:

a) The repaired measuring instrument fails to satisfy the prescribed technical measurement requirements;

b) The verification certifications (verification mark, verification stamp, verification certificate) of the measuring instrument is lost, broken or otherwise damaged but the structure and technical measurement specifications of the measuring instrument are not changed compared to the approved type;

c) According to inspection and examination conclusions of competent agencies and persons;

d) The user of the measuring instrument suspects that the measuring instrument does not satisfy the prescribed technical measurement requirements and requests re-verification.

Article 20. Requirements for performing verification

1. The verification is selected and carried out by the establishment with the measuring instrument to be inspected in accordance with the agreement with the appointed verification organization with appropriate verification scope in the List of appointed verification organizations.

The list of appointed verification organizations is posted on the website of the Directorate.

2. The verification is carried out by the measurement verifier of the appointed verification organization. The measurement verifiers must be certified and issued cards according to regulations.

3. The verification is carried out according to the order and procedures specified in the corresponding measuring instrument verification process issued by the Directorate.

4. In case there are no verification procedures applied to a measuring instrument, the Directorate shall appoint a verification organization to develop, submit to the Directorate for approval a temporary verification process and conduct the verification.

The development of temporary verification procedures is based on the recommendations of the International Organization for Legal Metrology (OIML), standards of the International Electrotechnical Commission (IEC), standards of the International Organization for Standardization (ISO), Vietnam’s standards (TCVN), intramural standards (TCCS), foreign standards, technical regulations related to types.

5. The forms of verification certificates shall be uniform nationwide.

6. Verification certificates must be printed, manufactured, issued, managed and used in accordance with regulations. Verification certificates issued to measuring instruments that meet requirements are effective nationwide.

7. The verification certificate shall be invalidated in one of the following cases:

a) The verification interval is over;

b) There has been a change or improvement that changes the technical measurement specifications of the measuring instrument;

c) The measuring instrument is damaged or fails to satisfy the prescribed technical measurement requirements;

d) The verification certificates are lost, damaged or otherwise damaged.

SECTION 2

REQUIREMENTS FOR COMPARATIVE VERIFICATION
 

Article 21. Measuring instruments with required comparative verification

1. Measuring instruments with required comparative verification include:

a) Electricity meters;

b) Cold water gauges.

2. According to state management requirements at each stage, the Directorate shall propose the Ministry of Science and Technology to amend and supplement measuring instruments with required comparative verification in Clause 1 of this Article.

Article 22. Requirements for comparative verification

1. The organization assigned to perform comparative verification (referred to as comparative verification organization) must ensure the following requirements:

a) The comparative verification organization must be on the list of inspection organizations appointed by the Directorate specified in Clause 1, Article 20 of this Circular;

b) On quantity: There is no less than two (02) organizations for one (01) type of measuring instrument with required comparative verification in one (01) province or centrally run city.

2. The number of measuring instruments verified by an organization depends on the number of measuring instruments with required comparative verification in one (1) year in one (01) province or centrally run city and the requirements for state management for measurement in that locality.

3. The number and names of comparative verification organizations, number of measuring instruments with required comparative verification at each verification organization shall be determined and reported by the Directorate after receiving opinions from Provincial Department for Standards, Metrology and Quality.

4. The comparative verification is carried out in accordance with Clauses 2, 3, 4, 5, 6 and 7, Article 20 of this Circular.

Chapter V

RESPONSIBILITIES OF STATE MEASUREMENT AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 23. Responsibilities of establishments manufacturing and importing measuring instruments

1. Adhere to regulations on approval of measuring instrument types in Chapter II and Chapter III of this Circular when manufacturing and importing measuring instruments.

2. Manufacture and import measuring instruments in accordance with type approval.

3. Take measures to prevent interference that changes the primary technical measurement specifications of measuring instruments during use.

4. Carry out the initial verification of measuring instruments in accordance with Chapter IV of this Circular.

5. Comply with inspection and testing of measurement by competent state agencies in accordance with law.

6. Implement the regulations in this Circular and other relevant laws.

7. Make reports on production and import of measuring instruments and send them to the Directorate every year before March 31 or on request.

Article 24. Responsibilities of traders of measuring instruments

1. Trade only measuring instruments granted type approval.

2. Inform customers about technical measurement specifications of measuring instruments.

3. Comply with inspection and testing of measurement by competent state agencies in accordance with law.

Article 25. Responsibilities of establishments using measuring instruments

1. Ensure conditions for storage and use of measuring instruments according to the manufacturer's regulations and technical measurement requirements of the competent state agency in charge of measurement.

2. Carry out periodic verification and post-repair verification of measuring instruments during use in accordance with Chapter IV of this Circular.

3. Comply with requirements on professional qualifications, expertise, and professional experience for users of measuring instruments when performing category-2 measurements according to regulations of competent state management agencies on measurement.

4. Ensure the prescribed conditions for people with related rights and obligations to monitor and inspect the implementation of measurements, measurement methods, measuring instruments, and quantity of goods.

5. Comply with inspection and testing of measurement by competent state agencies in accordance with law.

Article 26. Responsibilities of the appointed measuring instrument verification, calibration or testing organization

1. Carry out verification and testing of measuring instruments in accordance with this Circular.

2. Carry out customers' requests for verification and testing of measuring instruments, except in force majeure cases.

3. Carry out manufacturing and management and use of verification and testing certificates according to regulations.

4. Manage verification and testing activities of measuring instruments of measurement verifiers and testing staff.

5. Comply with inspection and testing of measurement by competent state agencies in accordance with law.

6. Make reports on verification and testing activities and send them to the Directorate and the province-level Department of Standards, Metrology and Quality where the verification and testing organization’s head office is registered every year before March 31 or on request.

Article 27. Responsibilities of the Directorate for Standards, Metrology and Quality

1. Promulgate Vietnamese technical measurement documents on technical measurement requirements, verification procedures, and testing procedures for measuring instruments.

2. Approve measuring instrument types.

3. Appoint an organization to verify measuring instruments and organize testing of measuring instruments according to regulations.

4. Notify in writing to the province-level Department of Standards, Metrology and Quality and relevant organizations and individuals about the number of measuring instruments with required comparative verification and the organization appointed to perform comparative verification in the locality every year before June 30 or on request.

5. Carry out inspections of implementation of this Circular in accordance with the law.

Article 28. Responsibilities of the Department of Science and Technology of provinces and centrally run cities

1. Direct the Department of Standards, Metrology and Quality to carry out state inspection of measurement for measuring instruments within the scope of responsibility specified in Clause 3, Article 13 of the Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding the implementation of a number of articles of the Law on Measurement.

2. Direct the Department Inspectorate to inspect and examine compliance with the law on measurement in the area, resolve complaints and denunciations and handle violations of measurement in accordance with law.

Article 29. Responsibilities of the Department of Standards, Metrology and Quality of provinces and centrally run cities

1. Inform, propagate and guide relevant organizations and individuals to implement the provisions of this Circular.

2. Inspect measuring instruments under their management according to Clause 3, Article 13 of the Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding the implementation of a number of articles of the Law on Measurement.

3. Make a report on the implementation of comparative verification, propose the number of measuring instruments with required comparative verification, and the organization appointed to perform comparative verification in the locality and send it to the Directorate and the province-level Department of Science and Technology every year before May 30 or on request.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 30. Effect

1. This Circular takes effect from November 15, 2013.

2. The following documents are annulled:

a) Decision No. 1073/QD-BKHCNMT dated May 17, 2002 of the Minister of Science, Technology and Environment (currently the Ministry of Science and Technology) on promulgating the Procedures for verification of measuring instruments;

b) Decision No. 65/2002/QD-BKHCNMT dated August 19, 2002 of the Minister of Science, Technology and Environment (currently the Ministry of Science and Technology) stipulating the promulgation of the “List of measuring instruments subject to verification and registration for verification”;

c) Decision No. 22/2006/QD-BKHCN dated November 10, 2006 of the Minister of Science and Technology regulating the approval of measuring instrument types;

d) Decision No. 13/2007/QD-BKHCN dated July 6, 2007 of the Minister of Science and Technology promulgating the “List of measuring instruments to be verified”;

dd) Decision No. 25/2007/QD-BKHCN dated October 5, 2007 of the Minister of Science and Technology regulating the application of verification process and interval for measuring instruments under the List of measuring instruments to be verified;

e) Decision No. 11/2008/QD-BKHCN dated August 29, 2008 of the Minister of Science and Technology amending and supplementing the “List of measuring instruments to be verified” issued together with the Decision No. 13 /2007/QD-BKHCN dated July 6, 2007;

g) Circular No. 14/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology amending and supplementing a number of articles of the Decision No. 22/2006/QD-BKHCN dated November 10, 2006 of the Minister of Science and Technology regulations on approval of measuring instrument types.

Article 31. Transitional provisions

1. With regard to measuring instruments put into operation before the effective date of this Circular and have not granted type approval, their users shall submit applications for type approval as prescribed in Clauses 1, 2, 3, 4 Article 7 of this Circular to the Directorate.

Based on the number and type of measuring instruments requested for approval, the Directorate shall consider and decide to check documents or conduct actual inspection and assessment at the place of use to decide on type approval for the establishment. Actual assessment costs are born by the establishment.

2. Establishments manufacturing and importing measuring instruments with a valid type approval certificate under the Decision No. 22/2006/QD-BKHCN dated November 10, 2006 of the Minister of Science and Technology are permitted to keep manufacturing/importing measuring instruments in accordance with the approved type and in accordance with this Circular until the expiration date of the type approval certificate issued to the establishment.

Article 32. Implementation organization

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

2. The relevant State agencies, organizations and individuals shall be responsible for the implementation of this Circular.

3. Difficulties or problems that arise during the implementation of this Circular should be reported to the Ministry of Science and Technology for consideration and settlement./.

APPENDIX

FORMS
(Issued together with the Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of the Minister of Science and Technology)

1. Registration for type approval of measuring instruments

Form 1. DKPDM

23/2013/TT-BKHCN

2. Commitment to software of measuring instruments

Form 2. CKPM

23/2013/TT-BKHCN

3. Summary report on the results of type testing and type assessment

Form 3. BCPDM

23/2013/TT-BKHCN

4. Type approval symbol

Form 4. KHPDM

23/2013/TT-BKHCN

5. Proposal for renewal of the decision on type approval of the measuring instruments

Form 5. DNGHPDM

23/2013/TT-BKHCN

Form 1. DNPDM

23/2013/TT-BKHCN

REGISTRATION FOR TYPE APPROVAL OF MEASURING INSTRUMENTS

Respectfully send to: The Directorate for Standards, Metrology and Quality

Name of establishment:....................................................................................

Address of Head Office ⁽¹⁾: ..............................................................................................

Address of Transaction office (if any):................................................... .................................

Tel: ……………………....Fax:........................... Email:..................................

Business Registration Number: ………….... Date of issue............................. Place of issue................................

Submits for approval of the type for (production or import of) ⁽²⁾ the following measuring instruments:

Name of measuring instruments:

Primary technical measurement specifications: (specify the manufacturer's name, name of country of manufacture, symbol, type, measuring range, accuracy level and other important technical measurement specifications)

Requests for exemption/reduction of type testing according to: ⁽³⁾

Reasons for requesting exemption/reduction of type testing:

Attached documents ⁽⁴⁾:

^____________

⁽¹⁾: Clearly specify the business registration or establishment decision

⁽²⁾: Specify production or import.

⁽³⁾: Clearly specify the request for exemption/reduction of type testing in accordance with specific articles, clauses, and points of the Circular No. 23/2013/TT-BKHCN.

⁽⁴⁾: Specify the name of the attached document (For example: Documents related to requests for exemption or reduction of type testing; customs declaration for import cases, etc.).

Form 2. CKPM

23/2013/TT-BKHCN
 

COMMITMENT TO SOFTWARE PROGRAM OF MEASURING INSTRUMENTS

Respectfully send to: The Directorate for Standards, Metrology and Quality

Name of establishment:...............................................................................

Address of Head Office (1):   .........................................................................................

Address of Transaction office (if any):................................................... .................................

Tel: …………………...Fax:........................... Email:......................................

Name of measuring instrument requested for approval: ...........................................................

Type, symbol: ..........................................................................

The establishment hereby commits to ensuring the use and operation of functions according to the software program of the (manufactured or imported) measuring instrument (2) conform to the approved type without changing its primary technical measurement specifications.

The establishment takes full responsibility before the law if it acts contrary to the content of this commitment./.

Attached documents:

- CD containing software program (with establishment seal).

            ^____________

⁽¹⁾: Clearly specify the business registration or establishment decision

⁽²⁾: Specify production or import.

Form 3. BCPDM

23/2013/TT-BKHCN
 

SUMMARY REPORT

ON THE RESULTS OF TYPE TESTING AND TYPE ASSESSMENT

Respectfully send to: The Directorate for Standards, Metrology and Quality

At the request of...(specify name of proposing establishment, address of head office) (1) …, from ... date ......... to date.......................(specify name of assessment organization) assessed for approval of (manufactured or imported) type (2) for the following types of measuring instruments:

Name of measuring instrument type: ........................................................................................

Type, symbol: ...........................................................................................................

Name of manufacturer:................................................... ................................................................ ....

Name of country of manufacture:.........................................................................................................

Based on the minutes of type testing results and type assessment results, (specify the name of the assessment organization) shall report to the Directorate for Standards, Metrology and Quality about the type as follows:

The type has the following primary technical measurement specifications: (specify the measurement range, accuracy level/allowable error, technical characteristics of the type, etc.)

1. Type assessment

a) The type complies with the technical measurement requirements specified in the testing process ...(specify the name of the testing process)...:

b) The type has a structure and technical features that ensure the prevention of changes in primary technical measurement specifications during use:

c) A set of type pictures ensures the requirement on comparison, comparison, and inspection of conformity of manufactured or imported measuring instruments compared to types:

d) Management and technical measures developed and applied by the establishment compared to the requirements to ensure that the measuring instrument produced or imported by the establishment is consistent with the approved type:

2. Conclusions and Recommendations

(Name of assessment organization) requests the Directorate for Standards, Metrology and Quality to review (approve or disapprove) the type./.

^____________

⁽¹⁾: Clearly specify the business registration or establishment decision

⁽²⁾: Specify production or import.

Form 4. KHPDM

23/2013/TT-BKHCN
 

TYPE APPROVAL SYMBOL
 

1. The type approval symbol must be placed in easy-to-see, easy-to-read position, and is not damaged during use, transportation, and storage of the measuring instrument.

2. The type approval symbol consists of three groups of letters and numbers:

a) The first group includes three letters PDM;

b) The second group is the number of type approved in the year;

c) The third group includes four numbers indicating the year of approval.

There is a space between the first group and the second group. There is a dash between the second group and the third group.

For example: PDM 001-2014

3. The type approval symbols must be clear, with letter and number height not less than two (2) mm./.

Form 5. DNGHPDM

23/2013/TT-BKHCN
 

PROPOSAL FOR RENEWAL OF THE DECISION ON TYPE APPROVAL OF THE MEASURING INSTRUMENTS

Respectfully send to: The Directorate for Standards, Metrology and Quality

Name of establishment: ..............................................................................................................

Address of Head Office⁽¹⁾: ............................................................................................

Address of Transaction office (if any): ...................................................................

Tel: ………………………Fax:…………………..Email: ...............................

Business Registration Number: ………………….Date of issue ...............Place of issue

Request the Directorate to extend the validity of the decision on type approval of the measuring instruments number……..dated….…….……..

Change in technical characteristics and technical measurement specifications compared to the approved type (if there are changes in symbol type, measurement range, accuracy level and other technical characteristics and technical measurement specifications)

____________

(1) Clearly specify the business registration or establishment decision