Thông tư 14/2013/TT-BKHCN

CIRCULAR

PRESCRIBING METROLOGY APPLICABLE TO THE NATIONAL BASE

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

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

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 General Director of Directorate for Standards, Metrology and Quality;

The Minister of science and technology promulgates the Circular prescribing metrology applicable to the national base.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular prescribes metrology applicable to the national base including: the designation of organizations keeping the national base, approval for the national base; maintenance, preservation and use of the national base.

Article 2. Subjects of application

1. Organizations which are assigned to keep the national base.

2. State agencies for metrology, and other relevant organizations and individuals. 

Chapter II

THE DESIGNATION OF ORGANIZATIONS KEEPING THE NATIONAL BASE, APPROVAL FOR THE NATIONAL BASE

Section 1. Conditions to be assigned to keep the national base, approval for the national base

Article 3. Conditions to be assigned as an organization keeping the national base

An organization which meets the following conditions may be assigned to keep the national base:

1. Having legal status;

2. Having a metrology base corresponding to suggest being approved as national base (hereinafter abbreviated to metrology base suggested for the approval);

3. Having full means, equipment, working premises, environmental conditions and other technical conditions (conditions about voltage, power frequency, anti-vibration, anti-electromagnetic jamming) to perform maintenance, preservation and use of the respective national base;

4. Having measures to ensure safety, fire fighting and prevention, damages, natural disaster; ensure requirements for moving urgently the metrology base suggested for the approval.

5. There are at least 02 technicians performing the maintenance, preservation and use of the metrology base suggested for the approval. The technician must meet the following requirements:

a) Graduated university specialized in corresponding technical sector;

b) Foreign languages: English or French or Russian, at level C or equivalent or higher level;

c) Having at least three (03)-year experiences in performing calibration, comparing metrology base.

6. Diagram of calibration and process of calibration or measure of comparing the metrology base suggested for the approval are conformable with the national standards and international standards;

7. Having set up and maintained the management system in conformity with the national standard TCVN ISO/IEC 17025 for maintenance, preservation and use of the metrology base suggested for the approval.

Article 4. Conditions to be approved as a national base

A metrology base which meets the following conditions may be approved as a national base:

1. Meeting the fundamental requirements for the metrology base specified in Article 11 of the Law on metrology;

2. Being conformable with the planning on national base development already approved by the Prime Minister;

3. Being stored, maintained, preserved and used at organization meeting conditions specified in Article 3 of this Circular.

Section 2. THE MAKING AND HANDLING OF DOSSIER

Article 5. The making of dossier requesting for designation of organization keeping the national base, approval for the national base

1. In case where suggest to be assigned to keep the national base is made together with the suggest to be approved the national base, the proposal organization may make a (01) set of dossier and send directly at head office or through post system to the Directorate for Standards, Metrology and Quality (hereinafter abbreviated to the Directorate). Dossier includes:

a) Suggest to be assigned to keep the national base, approval for the national base (according to the Form 1a. DNCDPD at Annex enclosed with this Circular);  

b) Technical documents of the metrology base suggested for the approval (technical description; instruction in maintenance, preservation and use; certificate of calibration, test…) which are supplied by the producing or importing organizations or individuals (in Vietnamese or English or both of 02 languages);

c) A set of pictures includes one (01) overall perspective picture and other pictures of the metrology base suggested for the approval (pictures of the same size, the minimum size of 90 mm x 120 mm but not bigger than 210 mm x 297 mm, attached on paper at size A4 and notes for each picture) and CD containing those pictures. Pictures taken must be color, clear and must shown shape, name and information of main metrology technical characteristics of the metrology base suggested for the approval;

d) Copy (certified copying from the original of the proposal organization) of the document about its legal status;

dd) Report on material and technical facilities, and human resource to perform maintenance, preservation and use of the metrology base suggested for the approval (according to Form 2.BCCS at Annex promulgated together with this Circular);

e) Written regulation on maintenance, preservation and use of the national base as prescribed in Article 19 of this Circular;

g) Diagram of calibration; process and cycle of calibration or comparison of base;

h) List of dossier of the management system applicable to maintenance, preservation and use of the metrology base suggested for the approval.

2. In case of suggesting to be assigned to keep the national base, the proposal organization may make a (01) set of dossier and send directly at head office or through post system to the Directorate. Dossier includes:

a) Suggest to be assigned to keep the national base (according to the Form 1b. DNCD at Annex enclosed with this Circular);

b) Copy (certified copying from the original of the proposal organization) of the document about its legal status;

c) Report on material and technical facilities, and human resource to perform maintenance, preservation and use of the metrology base suggested for the approval (according to Form 2.BCCS at Annex promulgated together with this Circular);

d) Written regulation on maintenance, preservation and use of the national base as prescribed in Article 19 of this Circular;

dd) Diagram of calibration; process and cycle of calibration or comparison of metrology base;

e) List of dossier of the management system applicable to the maintenance, preservation and use of the national base.

Article 6. The handling of dossier

1. Within ten (10) working days after receiving dossier, if dossier has not yet been right with regulation, the Directorate shall notify the proposal organization about contents which need be supplemented, amended.

2. Within thirty (30) working days after receiving full and valid dossier, the Directorate shall decide the assessment at facility.

Section 3. ASSESSMENT AT FACILITY

Article 7. Methods and principles of assessment at facility

1. The assessment at facility is performed according to the method of the assessment delegation.

2. The assessment at facility is performed according to the expert principle.

Article 8. The assessment delegation

1. The general director of Directorate for Standards, Metrology and Quality shall decide establishment of the assessment delegation for assessment at facility, the assessment delegation shall report result and advice the general director of Directorate for Standards about the conformity of the proposal organization and of the metrology base suggested for the approval in comparison with requirements prescribed in this Circular.

2. Members of the assessment delegation

a) The assessment delegation includes head of delegation, civil servant and other members. Number of members of the assessment delegation is not less than three (03) persons;

b) Head of delegation is person who has prestige in the metrology sector. Head of delegation shall:     Organize implementation of tasks of the assessment delegation; assign specific duties to members; convene and preside over meetings of the assessment delegation; decide invitation of delegates for participation as necessary; approve the dossier of the assessment result before submit to the Directorate;

c) The secretary is civil servant doing task of managing metrology of the Directorate.  The secretary shall:   Prepare for the assessment program (according Form 3.CTDG at Annex promulgated together with this Circular), assessment vote (according to form 4.PDG at Annex promulgated together with this Circular), record fully and honestly opinions; collect the assessment votes of members in the assessment delegation; make record to sum up the assessment result (according to Form 5.BBTH at Annex promulgated together with this Circular) to have meetings to approve the assessment dossier; 

d) Other members of the assessment delegation are science cadres operating in the suitable metrology sector invited from Ministries, sectors, enterprises, universities, organizations of science and technology, relevant social-professional organizations or independent experts.     Members shall perform tasks assigned and take responsibilities for content, result of performing tasks.

Article 9. The assessment content

1. The conformity of the proposal organization with conditions specified in Article 3 of this Circular.

2. The conformity of the metrology base suggested for the approval with conditions specified in Article 4 of this Circular. 

Article 10. The assessment method

In the course of assessment, members of the assessment delegation may apply one or all the following assessment methods:

1. Directly interviewing the main responsible person, technicians of the proposal organization about related information.

2. Considering the archived dossier and relevant documents.

3. Observing reality of the metrology base suggested for the approval, means, equipment, working premises, environmental conditions and other technical conditions to perform maintenance, preservation and use of the national base;

4. Assessing the proficiency of technicians, the conformity of calibration process, regulation on maintenance, preservation and use through observing manipulation and handling the calibration result or comparing the metrology base performed by the technicians.

Article 11. Carrying out the assessment

1. Head of delegation keeps meeting for assessment, approve the assessment program, assign tasks and unify plan on assessment under the progress, content of assessment prescribed in decision on establishment of the assessment delegation.

2. According to the assessment method prescribed in Article 10 of this Circular and the assigned content of assessment, members carry out assessment and write the assessment result on the assessment vote.

3. Head of delegation keeps meeting to approve dossier of assessment at facility.

4. The assessment must be finished within thirty (30) days after the date of signing decision on establishment of the assessment delegation. Cost and other conditions serving the assessment on the spot of the assessment delegation are covered by the proposal organization.

Article 12. Dossier of the assessment result

Within five (05) working days after finishing the assessment, head of delegation shall submit a (01) set of dossier of the assessment result to the Directorate. A set of dossier includes:

1. Decision on establishment of the assessment delegation;

2. The assessment program;

3. Members’ assessment votes;

4. A minutes summing up the assessment result.

Article 13. Handling of the assessment result dossier

1. Within three (03) working days after receiving dossier of the assessment result, if the assessment result at facility fails to meet requirement as prescribed, the Directorate shall notify in writing the proposal organization thereof.

2. Within three (03) working days after receiving dossier of the assessment result, if the assessment result at facility fails to meet requirement as prescribed, the Directorate shall notify in writing the proposal organization thereof. A set of dossier includes:

a) Official dispatch of the Directorate;

b) Dossier of the assessment result prescribed in Article 12 of this Circular;

c) Dossier requesting for the national base approval, designation of organization keeping the national base prescribed in this Circular.

Section 4. Decision on approval for the national base, designation of organization keeping the national base

Article 14. Decision on approval for the national base, designation of organization keeping the national base

1. Pursuant to the dossier submitted to the Directorate, the Minister of science and technology shall consider and decide approval for the national base, designation of organization keeping the national base (hereinafter abbreviated to decision on approval and designation).

2. Decision on approval and designation includes the following main contents:

a) Name of the metrology field, metrology quantity;

b) Name of national base;

c) Sign number;

d) Code number of national base;

dd) Place of manufacture, year of manufacture of the national base;

e) Scope of metrology, the precision or degree of accuracy, and other necessary technical metrology characteristics of the national base;

g) Name, address of the organization which is assigned to keep the national base.

3. In case where a (01) decision on approval and designation is promulgated to approve concurrently two (02) national bases or more and assign an (01) organization keeping those national bases, contents prescribed in points a, b, c, d, dd and e must be inscribed separately for each national base.

4. Decision on approval and designation shall be sent to the organization assigned to keep the national base.

5. Decision on approval and designation prescribed at Clause 2 of this Article and pictures of the national base prescribed in point c Clause 1 Article 5 of this Circular are posted on website of the Ministry of science and technology and the Directorate.

Article 15. Storing dossier of approval for the national base, designation of organization keeping the national base

1. The stored dossier of approval for the national base, designation of organization keeping the national base includes: Decision on approval and designation as prescribed in Article 14 and dossiers prescribed in Clause 2 Article 13 of this Circular.

2. A (01) set of dossier of approval for the national base, designation of organization keeping the national base is stored at the Directorate.

3. The organization assigned to keep the national base shall make and store a (01) set of dossier of approval for the national base, designation of organization keeping the national base.

4. Time limit for storing dossier: Five (05) years after decision on approval and designation is adjusted or revoked.

Section 5. SUSPENSION, REVOCATION OF THE EFFECT, ADJUSTMENT OF SCOPE OF DECISION ON APPROVAL AND DESIGNATION

Article 16. Suspension of the effect of decision on approval and designation

1. Suspension of the effect of decision on approval and designation is applied in the following cases:

a) Organization assigned to keep the national base fails to finish responsibilities as prescribed in Article 22 of this Circular.

b) Organization assigned to keep the national base has written proposal for suspension of keeping the national base.

2. Depend on each specific case, on the basis of proposal of the Directorate, the Minister of science and technology shall issue a decision to suspend entirely or partly effect of the decision on approval and designation (abbreviated as decision on suspension) Time limit for temporary suspension does not exceed six (06) months after the effective time of the decision on suspension.

3. Decision on suspension is sent to the organization assigned to keep the national base and posted on website of the Ministry of science and technology and the Directorate.

4. During duration of temporary suspension specified in Clause 2 of this Article, after finishing the remedy of consequences due to failing to perform responsibilities as prescribed in this Circular, organization subject to decision on suspension is entitled to make a (01) set of dossier requesting the re-designation and send directly at head office or via post office to the Directorate.     A set of dossier includes:

a) Official dispatch proposing for the re-designation;

b) Documents, dossiers of which the remedy of consequences has finished.

5. Depending on specific case, the Directorate shall decide examination on dossier or assessment at facility for content proposing for the re-designation.

6. Within five (05) working days after receiving dossier, if dossier is not proper with regulation, the Directorate shall notify the proposal organization about contents which need be supplemented, amended.

7. In case of examination on dossier, within seven (07) working days after receiving full and valid dossier, the Directorate shall make a dossier and submit it to the Minister of science and technology.  Dossier includes:

a) Official dispatch of the Directorate;

b) Dossier proposing for the re-designation prescribed in Clause 4 of this Article.

8. In case of assessment at facility, the handling of dossier and assessment at facility shall comply with Clause 2 Article 6 and section 3 Chapter II of this Circular.

9. Pursuant to the dossier submitted by the Directorate, the Minister of science and technology shall consider, decide approval, re-designation as prescribed at Article 14 of this Circular.

10. Dossier of the re-designation is stored as prescribed in Article 15 of this Circular.

Article 17. Revocation of the effect of decision on approval and designation

1. Revocation of the effect of decision on approval and designation is applied in the following cases:

a) An organization which is assigned to keep the national base is bankrupted or dissolved as prescribed by law.

b) An organization subject to decision on suspension fails to finish the remedy of consequences although time limit for temporary suspension is expired;

c) An organization which is assigned to keep the national base has a written request for not continuing keeping the national base as being assigned;

d) The national base is lost, damaged which cannot remedy.

2. On the basis of proposal of the Directorate, the Minister of science and technology shall issue a decision to revoke effect of the decision on approval and designation (abbreviated as decision on revocation of effect).

3. Decision on revocation of effect is sent to organization which is assigned to keep the national base and posted on website of the Ministry of science and technology, and website of the Directorate.

Article 18. Adjustment of content of decision on approval and designation

1. Case of proposal for adjusting name, address of the organization which is assigned to keep the national base

a) The organization which is assigned to keep the national base make a (01) set of dossier to propose for adjusting scope of approval and designation, and send directly at head office or through post system to the Directorate. A set of dossier includes:

- Official dispatch proposing for adjustment;

- Making a commitment in which there is no change about the national base, and conditions to maintain, preserve, use the approved national base;

- Other relevant documents.

b) Within five (05) working days after receiving a full and valid dossier, the Directorate shall consider, make a dossier and submit it to the Minister of science and technology.  A dossier includes:

- Official dispatch of the Directorate;

- Dossier approving for adjusting scope of approval and designation as prescribed in point a this Clause.

2. In case of proposal for adjusting other contents of the decision on approval and designation relating to change of capability of the organization assigned or change the metrological technical characteristic of the national base

a) The organization which is assigned to keep the national base makes a (01) set of dossier to propose for adjusting scope of approval and designation, including: An official dispatch clearly state content of proposal for adjustment; documents relating to change of capability of the organization assigned or change the metrological technical characteristic of the national base;

b) The handling of dossier of proposal and assessment at facility shall comply with Clause 2 Article 6 and section 3 Chapter II of this Circular.

3. Pursuant to the dossier submitted by the Directorate, the Minister of science and technology shall consider, decide approval, designation as prescribed at Article 14 of this Circular for the adjusted content.

4. Dossier of the national base shall, after being adjusted content of decision on approval and designation, be stored as prescribed in Article 15 of this Circular.

Chapter III

MAINTENANCE, PRESERVATION AND USE OF THE NATIONAL BASE

Article 19. Provisions on maintenance, preservation and use of the national base

Provisions on maintenance, preservation and use of the national base include the following main contents:

1. For the maintenance and preservation:

a) Area of place for the maintenance and preservation;

b) Environmental condition and other technical conditions;

c) Measures to ensure safety, fighting and prevention against fire, explosion, natural disaster, loss or fault of the national base; measure for emergency moving;

d) Periodical control over conditions of maintenance and preservation;

dd) The internal calibration or inter-laboratory comparison of the national base; proposal for measures to handle result of internal calibration and inter-laboratory comparison;

e) Requirements on maintenance, preservation and use of means, equipment to perform maintenance and preservation of the national base;

g) The assignment and responsibility of persons doing task of maintenance and preservation.

2. For the use:

a) For activities of calibration or comparison of the national base with international base or the national base of other countries:

- Cycle of calibration or comparison;

- Requirements on packaging, transport, preservation, on control of dossier, documents, conditions of the national base and relevant equipment …. prior to and after performing; proposal for measures to handle result after performing calibration or comparison of the national base.

b) For activities of calibration or comparison to transfer the accuracy of the national base to the metrology base with lower accuracy:

- Area of place for use;

- Environmental condition and other technical conditions;

- Measures to ensure safety, fighting and prevention damage to the national base due to use inconformity with regulation;

- Assigning and prescribing responsibility of persons assigned to perform calibration or comparison;

- Requirements on maintenance, preservation and use of means, equipment to perform calibration or comparison;

- Taking notes on use diary.

Article 20. Organizing implementation of provisions on maintenance, preservation and use of the national base

The maintenance, preservation and use of the national base must be performed in accordance with regulation which is promulgated by the organization assigned to keep the national base.

Chapter IV

PROVISIONS OF IMPLEMENTATION

Article 21. Responsibility of the Directorate for Standards, Metrology and Quality

1. To examine, assess, complete dossier and submit it the Minister of science and technology for considering and approving the national base, assigning organization to keep the national base.

2. To manage activities of maintenance, preservation and use of the national base.

3. On a two (02) year basis, or at request of the superior agency, the Directorate shall examine the national base and activities of maintenance, preservation and use of the national base which are made by the assigned organization.

4. To inspect as prescribed by law on inspection for the compliance with this Circular and other law relating to organizations of organization assigned to keep the national base.

Article 22. Responsibility of organizations which are assigned to keep the national base

1. To research science, application and development technology about the metrology base; formulate methods to maintain and preserve the national base; formulate the measurement method to transfer the accuracy of the national base to the metrology base with the lower accuracy.

2. To maintain, preserve the system of management and perform maintenance, preservation and use of the national base as prescribed in this Circular and other relevant law.

3. To report timely mistakes, faults of the national base and propose measure to remedy or propose for suspension, revocation of effect of decision on approving the national base, assigning organizations to keep the national base.

4. To comply with inspection, examination and other provisions of relevant law.

5. To comply with provisions in this Circular and other provisions of relevant law.

Article 23. Effect

This Circular takes effect on August 30, 2013.

Article 24. Organization of implementation

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

2. Heads of state agencies, relevant organizations and individuals shall implement this Circular. 

3. In the course of implementation, any arising problems should be timely reported in writing to the Ministry of science and technology for research, suitable amendment and supplementation.