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THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
No: 16/1999/PL-UBTVQH10 | Hanoi, September 06, 1999 |
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,
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.
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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 4.- To strictly prohibit all acts of fraudulence in the measurement activities.
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.
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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.
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.
EXPERTISE OF MEASURING DEVICES
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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.
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.
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The procedures for measuring device expertise registration shall be stipulated by the State management agency in charge of measurement.
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.
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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.
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.
MEASURES AND QUANTITATIVELY PRE-PACKED GOODS
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The State management agency in charge of measurement shall specify the measures and measuring methods stipulated in this Article.
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.
PRODUCTION, TRADING, EXPORT AND IMPORT OF MEASURING DEVICES
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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 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.
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;
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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.
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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.
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 29.- The Government shall prescribe charges and fees related to the measuring activities.
MEASUREMENT SPECIALIZED INSPECTORATE
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2. The organization and operation of the measurement specialized inspectorate shall be stipulated by the Government.
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.
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COMMENDATION AND HANDLING OF VIOLATIONS
Article 39.- This Ordinance takes effect as from January 1st, 2000.
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The earlier provisions contrary to this Ordinance shall all be annulled.
Article 41.- The Government shall detail the implementation of this Ordinance.
ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nong Duc Manh
- 1Decree No. 134/2007/ND-CP dated August 15, 2007, providing for official units of measurement
- 2Decision No. 13/2007/QD-BKHCN of July 06, 2007,
- 3Decree of Government No. 126/2005/ND-CP, providing for sanctioning of administrative violations in the field of measurement and product and goods quality.
- 4Decree No. 06/2002/ND-CP of January 14, 2002, detailing the implementation of the ordinance on measurement
- 5Decree no. 65/2001/ND-CP of September 28, 2001 promulgating the legitimate measurement unit system of the socialist republic of vietnam
- 61992 Constitution of the Socialist Republic of Vietnam
Ordinance No. 16/1999/PL-UBTVQH10 of September 06, 1999, on measurement
- Số hiệu: 16/1999/PL-UBTVQH10
- Loại văn bản: Pháp lệnh
- Ngày ban hành: 06/10/1999
- Nơi ban hành: Uỷ ban Thường vụ Quốc hội
- Người ký: Nông Đức Mạnh
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra