Thông tư 23/2013/TT-BKHCN

CIRCULAR

ON GROUP 2 MEASURING INSTRUMENTS

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

Pursuant to the Government's Decree No. 20/2013/NĐ-CP dated February 26 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Science and Technology;

At the request of the Directorate for Standards, Metrology, and Quality

The Minister of Science and Technology on Group 2 measuring instruments.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular deals with Group 2 measuring instruments (hereinafter referred to as measuring instruments), particularly the list of measuring instruments, metrological control measures, and measuring instrument inspection intervals; type approval, and measuring instrument inspection.

2. This Circular does not regulate measuring instruments for nuclear radiation, measuring instruments for goods exempt from customs procedure, temporarily imported goods, goods in transit, goods in bonded warehouses, goods serving emergency purposes, goods serving measurements in the national defense and security sector.

Article 2. Regulated entities

1. Organizations and individuals (hereinafter referred to as entities) that manufacture, import, or use measuring instruments.

2. Organizations appointed to inspect or test measuring instruments.

3. Measurement authorities; relevant entities.

Article 3. Interpretation of terms

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

1. Technical metrological requirements are metrological characteristics of measuring instruments in Vietnam’s metrological documents.

2. Group 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 safety; inspection, judicial investigation, and other tasks that need controlling according to technical metrological requirements in current Vietnam’s metrological 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 sample of measuring instruments or type of the measuring instruments (hereinafter referred to as type) to technical metrological requirements.

4. Inspection means a metrological control measure taken by an appointed inspecting organization to assess and certify the conformity of the measuring instrument to technical metrological requirements.

5. Manufacturer of measuring instruments means the organization or individual that performs in any of the following tasks: 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 CBU measuring instruments.

7. Seller of measuring instruments means the organization or individual that engages in wholesaling, retailing, or brokerage of measuring instruments in Vietnams.

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

Chapter 2.

LIST OF MEASURING INSTRUMENTS, METROLOGICAL CONTROL MEASURES, AND MEASURING INSTRUMENT INSPECTION INTERVALS

Article 4. List of measuring instruments, metrological control measures, and measuring instrument inspection intervals

1. Measuring instruments, metrological control measures, and measuring instrument inspection intervals are specified in the table below:

Where:

- “x” indicates mandatory tasks;

- “-” indicates optional tasks.

2. When using measuring instruments not mentioned in Clause 1 of this Article for the purpose of inspection, judicial investigation, or other tasks of the State, such measuring instruments must be inspected and calibrated at the request of competent state authority; type approval is not required.

Article 5. Adjustments to the List of measuring instruments, metrological control measures, and measuring instrument inspection intervals

Every year, according to proposals of Ministries, ministerial agencies, and requirements for state management of measurement, the Directorate for Standards, Metrology, and Quality (DSMQ) shall suggest amendments to the List of measuring instruments, metrological control measures, and measuring instrument inspection intervals in Article 4 of this Circular to the Ministry of Science and Technology.

Chapter 3.

TYPE APPROVAL

SECTION 1. PROCEDURES FOR TYPE APPROVAL

Article 6. Requirements for type approval

1. Type approval include: registration for type approval; type testing, type assessment; decision on type approval.

2. Type approval shall be carried out by a testing organization on the List of testing organizations appointed by DSMQ.

The list of appointed testing organizations shall be posted on the website of DSMQ.

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

4. 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. Application for type approval

Each applicant shall compile 01 application for type approval and send it to DSMW, whether directly or by post. The application consists of:

1. A written request for type approval of measuring instruments using form 1. ĐKPDM enclosed herewith.

2. Technical documents of the type. The documents must contain: mechanism, structure diagram, instructions; important structures that affect metrological characteristics of the type; positions of primary metrological structures of the type; positions of inspection stamps, seals, and other specifications on the type; positions of the parts meant to resist impacts that change metrological characteristics of the type (in Vietnamese language or English language or both).

3. A set of color pictures of the type and a CD that contain the pictures. Pictures include: 01 overall picture of the type; pictures of the front (where measurements are read), rear, top, bottom (if any), right, left of the type; separate pictures showing information about symbols, type, and metrological characteristics of the sample; electronic circuit (if any), buttons; positions of the label and inspection stamps; positions of the seals; other parts that directly affect primary metrological characteristics 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 metrological characteristics of the type to serve comparison and inspection of conformity of measuring instruments manufactured/imported with the approved type.

4. A declaration of the software program of the measuring instrument using form No. 2. CKPM enclosed herewith (if the measuring instrument is operated by a software program).

5. Documents about results of type testing and assessment according to Article 12 of this Circular.

If the applicant requests exemption or reduction of type testing, the application shall be enclosed with the documents pertaining to exemption or reduction of type testing prescribed in Article 10 of this Circular.

6. A list of documents about development and application of managerial and technical measures to ensure that measuring instruments are manufactured/imported in accordance with approved type.

Article 8. Processing the application for type approval

1. If the application is not satisfactory, DSMQ shall notify the applicant of necessary adjustments or additions within 07 working days from the day on which the application is received.

2. If the request for exemption/reduction of type testing is not well founded, DSMQ shall send a written notification to the applicant of the rejection and/or necessary adjustments or additions.

3. Within 20 working days from the receipt of the DSMQ’s notification, if the applicant is not able to complete the application, a written explanation specifying the deadline shall be sent to DSMQ. The application shall only be processed when it is satisfactory.

4. Within 10 working days from the receipt of the satisfactory application, DSMQ shall issue a decision to grant type approval according to Article 13 of this Circular.

Article 9. Type testing

1. Type testing is chosen by the applicant for type approval and carried out under the agreement with the appointed testing organization.

2. Quantity of samples and type testing procedures shall comply with the procedures established by DSMQ.

3. If no testing procedures are available, DSMQ shall request the testing organization to establish temporary testing procedures and submit it to DSMQ for approval.

The basis for establishing temporary testing procedures is recommendations of International Organization of Legal Metrology (Organization Internationale de Métrologie Légale - OIML), standards of International Electrotechnical Commission (IEC), ISO standards, Vietnam’s standards (TCVN), intramural standards, foreign standards, and technical regulations related to the type.

Article 10. Exemption and reduction of type testing

1. Exemption from type testing shall be granted in one of the following cases:

a) The measuring instrument has a certificate of conformity issued by an international metrology organization or certificate of type approval issued by a foreign metrology authority, and the type approval result is recognized by DSMQ;

b) The measuring instruments manufactured or imported are conformable with the type approval granted to another entity, and the import/manufacturing of such measuring instruments is permitted in writing by such entity;

c) Measuring instruments imported belong to a project approved by a competent authority.

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

a) Measuring instruments are modified or upgraded based on an approved typed, one or some metrological characteristics of which are modified compared to the approved type;

b) Measuring instruments are of the same type of the approved type.

DSMQ shall consider granting reduction of type testing.

Article 11. Type assessment

1. Assessment of a tested type shall be carried out by the same testing organization.

If the type is exempt from testing, DSMQ shall appoint an organization to carry out type assessment.

2. Type assessment includes assessment of:

a) Conformity of type testing results and technical metrological requirements;

b) The ability of the structure, technical features of the type to resist impacts that change the primary metrological characteristics of the measuring instruments manufactured/imported according to the type approval;

c) Suitability of the pictures for comparison and inspection of conformity of measuring instruments manufactured/imported with the approved type;

d) Suitability of managerial and technical measures taken by the applicant with regard to the requirements in Clause 4 Article 6 of this Circular.

3. Assessment methods:

a) Examination of the application and relevant documents;

b) Discussion relevant information with technical experts;

c) Carrying out site inspection at the applicant’s premises (if a conclusion cannot be made after the assessment methods in Point a and Point b Clause 3 of this Article have been employed).

Article 12. Documents about results of type testing and type assessment

After type testing and type assessment is done, the testing organization shall submit a set of document to DSMQ, which consists of:

1. A summary report on the results of type testing and type assessment using form No. 3. BCPDM enclosed herewith.

2. A certification of testing result and testing result record using the forms provided in corresponding testing procedures (if type testing is mandatory).

Article 13. Decision on type approval

1. DSMQ shall consider granting type approval according to the application for type approval, valid documents about result of type testing and type assessment:

If the application is rejected, DSMQ shall issue a written notification of the rejection and provide explanation.

2. The decision on type approval shall contain:

a) Name and address of the headquarter of the applicant;

b) Name of the manufacturer and country of origin (if the instruments are imported);

c) Symbol and type of the sample;

d) Primary metrological characteristics of the type;

dd) Approval symbol;

e. Effective period.

3. Effective period

a) Effective period of the decision on type approval or renewed decision on type approval is 10 years from the day on which it is signed;

b) Effective period of an adjusted decision on type approval is the same as the previous one.

4. Approval symbols are specified in Appendix No. 4. KHPDM enclosed herewith.

5. The decision on type approval shall be sent to the applicant and local metrology authority of the same province.

6. The decision and pictures of the approved type shall be posted on the website of DSMQ.

Article 14. Document retention

1. A set of documents about the approved type consists of: Decision on type approval, the application for type approval prescribed in Article 7, and documents about results of type testing and type assessment prescribed in Article 12 of this Circular.

2. 01 set of documents shall be kept by DSMQ. 01 set of documents shall be kept by the applicant.

3. The said documents shall be kept for 05 years after the expiration date of the decision/renewed decision/adjusted decision on type approval.

SECTION 2. RENEWING, ADJUSTING, SUSPENDING, REVOKING DECISION ON TYPE APPROVAL

Article 15. Renewing decision on type approval

1. A the decision on type approval shall be renewed only once.

2. 01 month before the expiration date of the decision on type approval, the applicant shall send 01 application for renewal to DSMW, whether directly or by post. The application consists of:

a) A written request for renewal of the decision on type approval using form No. 5. ĐNGHPDM enclosed herewith;

b) A certified true copy of the decision on type approval.

3. DSMQ shall consider renewing the decision on type approval in accordance with Article 13 of this Circular.

4. The renewed decision and the application for renewal shall be retained in accordance with Article 14 of this Circular.

Article 16. Adjusting decision on type approval

1. Adjusting the name or headquarter address of the applicant

a) 01 application for adjustment shall be sent to DSMQ, whether directly or by post. The application consists of:

- A written request for adjustments;

- Documents about the adjustments.

b) Within 07 working days from the receipt of the satisfactory application, DSMQ shall consider issuing an adjusted decision as prescribed in Article 13 of this Circular.

2. Adjusting the information mentioned in Point b, Point c, Point d Clause 2 Article 13 of this Circular

a) 01 application for adjustment shall be sent to DSMQ, whether directly or by post. The application consists of:

- A written request for adjustments specifying the adjusted information;

- Documents about the adjustments.

b) Within 07 working days from the receipt of the satisfactory application, DSMQ instruct the applicant to apply for a new type approval or make the adjustments as prescribed in Article 13 of this Circular.

3. The adjusted decision and the application for adjustments shall be retained in accordance with Article 14 of this Circular.

Article 17. Suspending decision on type approval

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

a) The certificate holder’s failure to fulfill their tasks prescribed in Article 23 of this Circular leads to serious consequences;

b) The certificate holder submits a request for suspension of the decision on type approval.

2. DSMQ shall issue a decision to suspend part or all of the decision on type approval (hereinafter referred to as decision on suspension) on a case-by-case basis. a) The suspension period must not be longer than 05 months from the effective date of the decision on suspension.

3. The decision on suspension shall be sent to the certificate holder and local metrology authority of the same province with the certificate holder’s headquarter, and be posted on the website of DSMQ.

4. After the suspension period and after rectification is done, the certificate holder may compile an application for lifting the suspension and send it to DSMQ, whether directly or by post. The application consists of:

a) A written request for lifting suspension;

b) Documents proving the rectification.

5. DSMQ shall decide whether to examine the said documents or carry out a site inspection at the certificate holder’s premises to verify the rectification.

6. Within 07 working days from the receipt of the satisfactory application, DSMQ shall consider issuing an adjusted decision as prescribed in Article 13 of this Circular.

7. Within 07 working days from the receipt of the satisfactory application, DSMQ shall consider withdrawing the decision on suspension)

8. The decision to withdraw the decision on suspension and the application for withdrawal of the decision on suspension shall be retained in accordance with Article 14 of this Circular.

Article 18. Invalidating decision on type approval

1. The decision on type approval shall be invalidated in the following cases:

a) The certificate holder is bankrupt, dissolved, or commits serious violations of law;

a) The suspension period must not be longer than 05 months from the effective date of the decision on suspension;

c) The certificate holder submits a written request for permission for termination of the manufacturing/import of the measuring instruments granted type approval.

2. DSMQ shall issue a decision to invalidate the decision on type approval (hereinafter referred to as decision on invalidation).

3. The decision on invalidation shall be sent to the certificate holder and local metrology authority of the same province with the certificate holder’s headquarter, and be posted on the website of DSMQ.

Chapter 4.

INSPECTION OF MEASURING INSTRUMENTS

SECTION 1. REQUIREMENTS FOR INSPECTION

Article 19. Types of inspection

1. Initial inspection means the first inspection of a measuring instrument before it is put into operation.

2. Periodic inspection means inspection of the measuring instruments in operation after the intervals prescribed in Article 4 of this Circular.

Comparative inspection means the inspection defined in Section 2 Chapter IV of this Circular.

3. Inspection after repair means inspection of the measuring instrument in one of the following cases:

a) The repaired measuring instrument fails to satisfy technical metrological requirements;

b) Inspection certifications (inspection seals, stamps, certificates) of the measuring instrument is lost or damaged, but its structure and metrological characteristics are not changed compared to the approved type;

c) The inspection is necessary according to the conclusion of the competent authority or person;

d) Users of the measuring instrument suspects that the measuring instrument does not satisfy technical metrological requirements and requests a re-inspection.

Article 20. Requirements for inspection

1. The owner of the measuring instrument that needs inspecting shall reach an agreement with an appointed inspecting organization on carrying out the inspection.

The list of appointed inspecting organizations is posted on the website of DSMQ.

2. The inspection shall be carried out by metrological inspectors of the appointed inspecting organization. Metrological must be certified and licensed.

3. The inspection shall comply with the procedures established by DSMQ.

4. If there are no inspection procedures applied to a measuring instrument, DSMQ shall appoint an inspecting organization to establish temporary procedures, submit them to DSMQ for approval, and carry out the inspection.

The basis for establishing temporary testing procedures is recommendations of OIML, standards of IEC, ISO standards, Vietnam’s standards, intramural standards, foreign standards, and technical regulations related to the type.

5. The form of inspection certificates shall be uniform nationwide.

6. Certificates shall be printed, issued, managed, and used in accordance with regulations. Inspection certificates issued to measuring instruments that meet requirements are effective nationwide.

7. An inspection certificate shall be invalidated in one of the following cases:

a) The inspection interval is over;

b) There are changes or improvements to metrological characteristics of the measuring instrument;

c) The measuring instrument is damaged or fails to satisfy technical metrological requirements;

d) The inspection certificate is lost or otherwise damaged.

SECTION 2. REQUIREMENTS FOR COMPARATIVE INSPECTION

Article 21. Measuring instruments that need comparative inspection

1. Measuring instruments that need comparative inspection:

a) Electricity meters;

b) Water meter.

2. DSMQ shall propose adjustments to the list of measuring instruments that need comparative inspection to the Ministry of Science and Technology.

Article 22. Requirements for comparative inspection

1. The organization appointed to carry out comparative inspections must ensure that:

a) It is on the List of appointed inspecting organizations mentioned in Clause 1 Article 20 of this Circular.

b) Quantity: A type of measuring instrument shall be inspected by not fewer than 02 organizations in the same province.

2. The number of measuring instruments inspected by an organization depends on the number of measuring instruments that must undergo comparative inspection in a year in a province and the requirements for state management of metrology in that province.

3. The number and names of inspecting organizations, number of measuring instruments that need to undergo comparative inspections at each inspecting organization shall be determined and reported by DSMQ after receiving opinions from Provincial Department for Standards, Metrology and Quality.

4. Comparative inspection shall be carried out in accordance with Clauses 2, 3, 4, 5, 6, and 7 Article 20 of this Circular.

Chapter 5.

RESPONSIBILITIES OF REGULATORY BODIES AND OTHER ENTITIES

Article 23. Responsibilities of manufacturers and importers of measuring instruments

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

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

3. Take measures to prevent interference that changes metrological characteristics of measuring instruments during use.

4. Carry out initial inspections of the measuring instruments mentioned in Chapter IV of this Circular.

5. Facilitate inspections by competent authorities as prescribed by law.

6. Implement this Circular and relevant regulations of law.

7. Submit reports on manufacturing/import of measuring instruments to DSMQ every year before March 31 or on request.

Article 24. Responsibilities of sellers of measuring instruments

1. Sell only measuring instruments granted type approval.

2. Inform customers of metrological characteristics of measuring instruments.

3. Facilitate inspections by competent authorities as prescribed by law.

Article 25. Responsibilities of users of measuring instruments

1. Ensure the conditions for storage and use of measuring instruments according to instructions of manufacturers, and technical metrological requirements of competent authorities.

2. Carry out periodic inspections and inspections after repair in accordance with Chapter IV of this Circular.

3. Comply with regulations on expertise and professional experience of measuring instrument users during group measurements according to regulations of metrology authorities.

4. Enable persons with relevant rights and duties to supervise, inspect the measurements, measurement methods, measuring instruments, and goods quantity.

5. Facilitate inspections by competent authorities as prescribed by law.

Article 26. Responsibilities of appointed inspecting organizations

1. Inspect measuring instruments in accordance with this Circular.

2. Comply with customers’ request for measuring instrument inspection, except for force majeure events.

3. Make and use inspection certifications in accordance with regulations.

4. Monitor the inspections of measuring instruments carried out by metrological inspectors/testers.

5. Facilitate inspections by competent authorities as prescribed by law.

6. Submit reports on inspection measuring instruments to DSMQ and Provincial Departments of Standards, Metrology and Quality every year before March 31 or on request.

Article 27. Responsibilities of DSMQ

1. Promulgate Vietnam’s metrological requirements, establish procedures for inspecting and testing measuring instruments.

2. Grant type approvals.

3. Appoint inspecting organizations and testing organizations as prescribed.

4. Notify Provincial Departments of Standards, Metrology and Quality and relevant entities of the number of measuring instruments that need to undergo comparative inspections and local organizations appointed to carry out comparative inspections every year before June 30 or on request.

5. Carry out inspections of implementation of this Circular.

Article 28. Responsibilities of Services of Science and Technology

1. Request Provincial Departments for Standards, Metrology and Quality to have measuring instruments under their management undergone metrological inspections according to Clause 3 Article 13 of the Government's Decree No. 86/2012/NĐ-CP dated October 19, 2012 on guidelines for the Law on Measurement.

2. Request Inspectors of Services of Science and Technology to inspect adherence to regulations of law on metrology locally; settle complaints, denunciations, and take actions against violations against regulations on metrology.

Article 29. Responsibilities of Provincial Departments for Standards, Metrology and Quality

1. Provide information for and instruct relevant entities to implement this Circular.

2. Inspect measuring instruments under their management according to Clause 3 Article 13 of the Government's Decree No. 86/2012/NĐ-CP dated October 19, 2012 on guidelines for the Law on Measurement.

3. Make a report on comparative inspections, number of measuring instruments that need to undergo comparative inspections, and local organization appointed to carry out comparative inspections every year by May 30 or on request, and then send it to DSMQ and the Service of Science and Technology of the same province.

Chapter 6.

IMPLEMENTATION

Article 30. Effect

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

2. The following documents are annulled:

a) Decision No. 1073/QĐ-BKHCNMT dated May 17, 2002 issued by the Minister of Science, Technology, and environment (now the Ministry of Science and Technology) on Measuring instrument inspection procedures;

b) Decision No. 65/2002/QĐ-BKHCNMT dated August 19, 2002  issued by the Minister of Science, Technology, and environment (now the Ministry of Science and Technology) on promulgation of “List of measuring instruments that need inspecting and registration for inspection”;

c) Decision No. 22/2006/QĐ-BKHCN dated November 10, 2006 issued by the Minister of Science and Technology on measuring instrument type approval;

d) Decision No. 13/2007/QĐ-BKHCN dated July 06, 2007 issued by the Minister of Science and Technology on promulgation of “List of measuring instruments that need inspecting”;

dd) Decision No. 25/2007/QĐ-BKHCN dated October 05, 2007 issued by the Minister of Science and Technology on application of inspection procedures and inspection intervals to measuring instruments on the List of measuring instruments that need inspecting;

e) Decision No. 11/2008/QĐ-BKHCN dated August 29, 2008 issued by the Minister of Science and Technology on amendments to “List of measuring instruments that need inspecting” promulgated together with Decision No. 13/2007/QĐ-BKHCN dated July 06, 2007;

g) Circular No. 14/2011/TT-BKHCN dated June 30, 2011 issued by the Minister of Science and Technology on amendments to Decision No. 22/2006/QĐ-BKHCN dated November 10, 2006.

Article 31. Transition clauses

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 DSMQ.

DSMQ shall decide to whether examine the documents or carry out site inspections at the users’ premises depending on the number and types of measuring instruments that need approving. Users shall incur the inspection costs.

2. Manufacturers and imports of measuring instruments of which the type approvals are still unexpired according to Decision No. 22/2006/QĐ-BKHCN dated November 10, 2006 are permitted to keep manufacturing/importing measuring instruments conformable with type approvals and this Circular until such type approvals expire.

Article 32. Implementation

1. DSMQ shall provide guidance and organize the implementation of this Circular.

2. Regulatory bodies and relevant entities are responsible for implementation of this Circular.

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