Pháp lệnh 16/1999/PL-UBTVQH10

ORDINANCE

ON MEASUREMENT

To make the measurement uniform and accurate so as to contribute to ensuring the social justice, protecting the legitimate rights and interests of all organizations and individuals; to raise the products’ and goods’ quality; to thriftily use natural resources, materials and energy; to ensure safety; to protect the people’s health and environment; to boost the scientific and technological development; to enhance the State management efficiency; and to create favorable conditions for international exchange;
Pursuant to 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to Resolution of the Xth National Assembly, 4th session, on the legislative programs for its whole term as well as for 1999;
This Ordinance provides for the measurement,

Chapter I

GENERAL PROVISIONS

Article 1.- Measurement is the determination of the value of a quantity to be measured.

This Ordinance stipulates the lawful measuring units and standards; the expertise and standardization of measuring devices; the measuring methods and quantitatively pre-packed goods; the production, trading, import and export of measuring devices.

Article 2.- The State shall exercise unified management of measurement on the basis of this Ordinance, other law provisions and international agreements which the Socialist Republic of Vietnam has signed or acceded to so as to ensure the principles of uniformity, accuracy, truthfulness and gradual modernization.

The State agencies, economic organizations, political organizations, socio-political organizations, social organizations, socio-professional organizations, people’s armed forces units and all individuals (hereafter referred to as organizations and individuals) engaged in measurement or measurement-related activities on the Vietnamese territory shall have to comply with the provisions of this Ordinance and the other provisions of law.

Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers have to propagandize, educate and mobilize people to implement and supervise the implementation of the legislation on measurement.

Article 3.- All organizations and individuals have the right to lodge their complaints and individuals have the right to make denunciations against acts of violating the legislation on measurement. All organizations and individuals have the right to propose to the competent State agencies measures to raise the efficiency of the measurement activities. The competent State agencies shall have to promptly settle complaints, denunciations and proposals according to the provisions of law.

Article 4.- To strictly prohibit all acts of fraudulence in the measurement activities.

Chapter II

LAWFUL MEASURING UNITS AND STANDARDS

Article 5.- The lawful measuring units are those recognized and allowed to be used by the State.

The State of the Socialist Republic of Vietnam recognized the international system of measuring units (abbreviated as SI according to international practices).

The Government shall define the lawful measuring units in conformity with the SI.

Article 6.- Organizations and individuals engaged in measurement and measurement-related activities shall have to use the lawful measuring units. For special cases they may use other units under the Government’s stipulations.

For export goods, measuring units other than the lawful ones of Vietnam may be used under the agreement reached among the concerned parties.

Article 7.- A measuring standard is a technical means used to reflect the measuring unit and serves as the standard to determine the value of a quantity reflected on the measuring device.

A substance or material standard sample is a special form of the measuring standard to determine the composition and characteristics of the substance or material.

The measuring standard system for each field of measurement includes the national standards and standards with lower precision.

Article 8.- A national standard is the nation’s measuring standard with the highest precision, which is approved by the Government for use as the prototype standard for determining the value of the remaining standards of a field of measurement. The national standards must be combined with international standards through their periodical comparison directly with international standards or indirectly with foreign standards.

The national standards shall be established in line with the development level of the national economy as well as the development trend of metrological development in the world.

The Government shall define the agency in charge of the maintenance, preservation and exploitation of the national standards.

Article 9.- Branches, research institutions, production and business establishments, and other establishments shall equip themselves with measuring standards of necessary precision and combine them with the national standards as required by their own activities. The State management agency in charge of measurement shall create favorable conditions for these standards to be combined with the national ones through the standardization by the recognized standardization offices as stipulated in Article 17 of this Ordinance.

Chapter III

EXPERTISE OF MEASURING DEVICES

Article 10.- A measuring device is a technical device to determine the value of a quantity which needs to be measured.

Expertise of measuring devices (hereafter referred to as expertise) means the determination and certification of measuring devices that fully meet the set requirements by organizations competent or authorized to expertise.

Article 11.- Measuring devices used for the following purposes must be expertised:

1. Goods and service quantification in trade and payment;

2. Ensuring safety, protecting people’s health and environment;

3. Juridical expertise, in service of other public-duty activities of the State. The State management agency in charge of measurement shall define organizations competent or authorized to expertise measuring devices, list of measuring devices to be expertised, expertising regime and requirements for measuring devices which must be expertised.

Article 12.- The expertise regime comprises initial expertise, periodical expertise and extraordinary expertise.

1. Initial expertise is the first-time expertise of measuring devices after their production or import.

2. Periodical expertise is the cyclic expertise of measuring devices being in use.

3. Extraordinary expertise is the expertise of measuring devices after their repair; at the request of organizations and/or individuals using those devices; and in service of the measurement inspection, juridical expertise or other public-duty activities of the State.

Article 13.- Organizations and/or individuals engaged in production, repair, import and/or use of measuring devices on the list of those to be expertised shall have to register the expertise thereof in accordance with the expertising regime provided for in Article 12 of this Ordinance.

The procedures for measuring device expertise registration shall be stipulated by the State management agency in charge of measurement.

Article 14.- Those measuring devices that meet the set requirements shall bear the expertise seal and stamp or granted expertise certificate, or shall be sealed and stamped and concurrently granted expertise certificate according to the stipulations of the State management agency in charge of measurement.

Article 15.-

1. The use of measuring devices on the list of those which must be expertised is prohibited in the following cases where:

a/ They have no expertise seal, stamp or certificate;

b/ The expertise seal, stamp or certificate are no longer effective;

c/ The measuring devices are inaccurate, out of order or no longer meet the set requirements.

2. To prohibit the falsification of expertise seals, stamps and certificates or the use thereof for deceitful or fraudulent purpose.

Chapter IV

STANDARDIZATION OF MEASURING DEVICES

Article 16.- Standardization is the comparison of a quantity’s value reflected by a measuring device with the corresponding value reflected by the measuring standard.

The standardization shall apply to measuring devices used as standards and measuring devices outside the list of those which must be expertised; particularly for standards used in expertise, the expertising regime shall apply.

The standardization of measuring devices shall be effected by standardization offices.

The standardization offices shall take responsibility for the standardization results.

Article 17.- A standardization office which is appraised and recognized by the competent recognizing organization to be qualified for standardization in a specific field of measurement shall be called the recognized standardization office.

The State management agency in charge of measurement shall define the competent recognizing organization as well as conditions and procedures for recognition of standardization offices.

Article 18.- The State encourages and creates favorable conditions for scientific and technological research institutions as well as production and business establishments to develop the standardization activities; set up the recognized standardization offices to ensure the uniformity and necessary precision of measuring devices, thus meeting the establishments’ production, business and scientific research requirements.

Chapter V

MEASURES AND QUANTITATIVELY PRE-PACKED GOODS

Article 19.- Organizations and individuals taking measurings of important significance related to purposes mentioned in Article 11 of this Ordinance shall have to use the expertised measuring devices and measuring methods as prescribed by law; and create favorable conditions for people in charge, customers or their representatives to inspect these measures as well as measuring methods.

The State management agency in charge of measurement shall specify the measures and measuring methods stipulated in this Article.

Article 20.- Quantitatively pre-packed goods are those goods which are quantitatively measured and packed not to the witness of customers.

The State encourages the trading of quantitatively pre-packed goods.

Organizations and individuals that produce and/or trade in quantitatively pre-packed goods shall have to ensure the correct quanta of the pre-packed goods.

Article 21.- The quantities of pre-packed goods must be clearly inscribed on their packings.

The differences between the actual goods quantities and those inscribed on the packings must not exceed the permitted limit.

The State management agency in charge of measurement shall prescribe the list of quantitatively pre-packed goods and control the permitted differences between the actual goods quantities and those inscribed on the packings as well as the corresponding inspection method.

Chapter VI

PRODUCTION, TRADING, EXPORT AND IMPORT OF MEASURING DEVICES

Article 22.- The State encourages organizations and individuals to produce measuring devices.

Organizations and individuals that produce and/or import measuring devices on the list to be expertised, measuring devices for commercial purposes shall have to comply with the measuring device samples already approved by the State management agency in charge of measurement.

The State management agency in charge of measurement shall prescribe the approval of measuring device samples.

Article 23.- Organizations and individuals dealing in measuring devices on the list of those which must be expertised may only trade in the expertised measuring devices.

Article 24.- The State encourages organizations and individuals to export measuring devices.

The export measuring devices shall be produced under the agreement reached among the concerned parties.

Chapter VII

STATE MANAGEMENT OVER MEASUREMENT

Article 25.- The contents of State management over measurement include:

1. Drawing up the planning and plans on measurement; elaborating, promulgating and organizing the implementation of legal documents, policies, criteria and procedures on measurement; guiding and inspecting the implementation of these documents;

2. Organizing and managing activities of the State management agencies in charge of measurement of all levels;

3. Determining the lawful measuring units; establishing and managing the measuring standard system; defining measures and measuring methods;

4. Organizing expertise activities; conducting the expertise and authorizing the expertise of measuring devices;

5. Guiding, organizing and developing the standardization of measuring devices; organizing the recognition of standardization offices and certification of standard samples;

6. Organizing and managing the approval of samples of measuring devices for the production and import thereof;

7. Organizing the study and application of scientific and technological advances in the field of measurement;

8. Organizing the measurement personnel training, professional and technical fostering; organizing and managing the certification of measuring expertisers;

9. Organizing the information, propaganda and popularization of knowledge and legislation on measurement;

10. Organizing and managing international cooperation in the field of measurement;

11. Examining and inspecting the observance of the legislation on measurement; settling complaints and denunciations; and handling violations of the legislation on measurement.

Article 26.- The Government shall exercise unified State management over the measurement throughout the country.

The Ministry of Science, Technology and Environment shall be answerable to the Government for the State management over measurement.

The organization, tasks and powers of the State management agency in charge of measurement under the Ministry of Science, Technology and Environment shall be defined by the Government.

Article 27.- The ministries, ministerial-level agencies and agencies attached to the Government shall, within the ambit of their tasks and powers, have to coordinate with the Ministry of Science, Technology and Environment in exercising the State management over measurement.

The Government shall specify responsibilities of the ministries, ministerial-level agencies and agencies attached to the Government in exercising the State management over measurement.

Article 28.- The People’s Committees at all levels shall, within the ambit of their tasks and powers, have to exercise the State management over measurement in their respective localities, especially regarding the weighing and measurement of essential and common goods in the people’s daily life.

Article 29.- The Government shall prescribe charges and fees related to the measuring activities.

Chapter VIII

MEASUREMENT SPECIALIZED INSPECTORATE

Article 30.-

1. The measurement specialized inspection falls within the functions of the State management agency in charge of measurement.

2. The organization and operation of the measurement specialized inspectorate shall be stipulated by the Government.

Article 31.- The measurement specialized inspectorate is tasked to inspect the observance of the legislation on measurement, sanction and propose the application of measures or apply such measures according to its competence for the prevention and termination of acts of violating the legislation on measurement.

The inspection shall be conducted by inspection teams or inspectors.

Article 32.- In the course of inspection, an inspection team or inspector shall have the competence:

1. To request the relevant organizations and/or individuals to supply documents and explain matters as required for the inspection; and to undertake technical inspection measures on the spot;

2. To suspend the use or trading of unlawful measuring devices and quantitatively pre-packed goods, which fail to meet the measurement requirements; to temporarily suspend the measuring device production or expertise which contravenes the provisions of the legislation on measurement and propose handling measures to the State management agency in charge of measurement;

3. To make minutes and impose sanctions according to competence or seal up unlawful measuring devices as well as other material evidences and propose handling measures to the State management agency in charge of measurement; upon the detection of signs of crimes, to transfer dossiers to the competent State agencies as prescribed by law.

The inspection teams and inspectors shall be answerable before law for their conclusions and handling measures in the inspection course.

Article 33.- Organizations and/or individuals subject to inspection shall have to create conditions for inspection teams and inspectors to perform their tasks and have to abide by the decisions of inspection teams or inspectors.

Article 34.- Organizations and/or individuals subject to inspection shall have the right to lodge complaints or initiate lawsuits against inspection teams or inspectors for their decisions or handling measures according to the provisions of law. While the competent State agencies are considering and settling cases, the inspected organizations and/or individuals shall still have to abide by the decisions of the inspection teams or inspectors, except otherwise provided for by law.

Chapter IX

COMMENDATION AND HANDLING OF VIOLATIONS

Article 35.- Organizations and/or individuals that make achievements in measurement activities or have merits in the detection of violations of the legislation on measurement shall be commended and/or rewarded according to the State’s stipulations.

Article 36.- Organizations and/or individuals that commit acts of fraudulence in measurement activities; fail to comply with the regulations on the expertise of measuring devices; use, produce, import and/or trade in measuring devices or quantitatively pre-packed goods in contravention of regulations; counterfeit expertise seals, stamps and/or certificates; use expertise seals, stamps and/or certificates for deceitful or fraudulent purposes or violate other provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be handled according to the provisions of law.

Article 37.- Any persons who abuse their positions and/or power to violate the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability.

Article 38.- Organizations and/or individuals that violate the provisions of this Ordinance, thus causing damage to other organizations and/or individuals, shall not only be handled according to the provisions of Articles 36 and 37 of this Ordinance but also have to pay compensation for damage as prescribed by law.

Chapter X

IMPLEMENTATION PROVISIONS

Article 39.- This Ordinance takes effect as from January 1st, 2000.

Article 40.- This Ordinance replaces the Ordinance on Measurement passed by the State Council on July 6, 1990.

The earlier provisions contrary to this Ordinance shall all be annulled.

Article 41.- The Government shall detail the implementation of this Ordinance.