Circular 07/2019/TT-BKHCN amending Circular 23/2013/TT-BKHCN regulating measurement for group 2 measuring instruments promulgated by the Minister of Science and Technology

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 23/2013/TT-BKHCN DATED SEPTEMBER 26, 2013 OF MINISTER OF SCIENCE AND TECHNOLOGY ON MEASUREMENT OF GROUP 2 MEASURING INSTRUMENT

Pursuant to Law on Measurement dated November 11, 2011;

Pursuant to Decree No. 95/2017/ND-CP dated August 16, 2017 of Government on functions, tasks, powers and organizational structure of Ministry of Science and Technology;

At request of Director General of Directorate for Standards, Metrology and Quality and Director General of Legal Department;

Minister of Science and Technology promulgates Circular on amendments to Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of Minister of Science and Technology on measurement of group 2 measuring instrument.

Article 1. Amendments to Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of Minister of Science and Technology on measurement of group 2 measuring instrument

1. Amendments to Article 3 as follows:

“Article 3. Term interpretation

In this Circular, terms below are construed as follows:

1. “metrology technical requirements” refers to a collection of technical metrological properties of measuring instrument under Vietnamese text measurement techniques;

2. “measuring instrument” refers to technical instrument, including: measuring equipment, devices; equipment and devices that can be used to measures; measuring system to perform the measurement;

3. “group 2 measuring instrument” refers to measuring instrument used for measurement of goods and services in trade and payment, safety assurance, public health protection, environment protection, inspection, examination, judicial expertise and other public affairs controlled according to metrology technical requirements under documents on Vietnamese measurement techniques;

4. “sample approval” refers to a metrology control method implemented by the Directorate for Standards, Metrology and Quality to assess, verify samples of measuring instrument or sample of measuring instrument type (hereinafter collectively referred to as “sample”) satisfactory to metrology technical requirements;

5. “accreditation” refers to a metrology control method conducted by designated measuring instrument accreditation organizations to assess and verify conformance of metrology technical properties of measuring instrument to metrology technical requirements;

6. “manufacturing facilities of measuring instrument” are organizations and individuals transferring technology, producing, assembling, renovating and/or improving manufactured or imported measuring instrument;

7. “importing facilities of measuring instrument” are organizations and individuals importing or delegating import of completely built measuring instrument;

8. “trading facilities of measuring instrument” are organizations and individuals selling measuring instrument in retail or wholesale  and measuring instrument trading agencies in Vietnam;

9. Other terms shall be construed according to Article 3 of Law on Metrology dated November 11, 2011.”.

2. Amendments to Article 4 as follows:

“Article 4. List of measuring instrument, metrology control methods and measuring instrument accreditation frequency

List of measuring instrument, metrology control methods and measuring instrument accreditation frequency consist of:

1. Measuring instrument, metrology control methods and measuring instrument accreditation frequency are specified under the schedule below:

- Symbol “x”: method must be performed for respective measuring instrument;

- Symbol “-”: method is not required for respective measuring instrument;

- Throughout the period of accreditation frequency, technical measurement properties of measuring instrument must be maintained during use.

2. Measuring instrument not specified under Clause 1 of this Article but required to be accredited and/or calibrated under other national technical regulations or legislative documents or used for inspection, judicial expertise or other public affairs of regulatory agencies must be accredited or calibrated at request of competent regulatory agencies without sample approval”.

3. Amendments to Article 25 as follows:

“Article 25. Responsibilities of facilities using measuring instrument

1. Ensuring conditions for storaging and using measuring instrument according to the manufacturers and metrology technical requirements of competent metrology regulatory agencies; maintaining metrology technical requirements of measuring instrument throughout use process and between accreditation sessions.

2. Performing periodic accreditation and post-repair accreditation for measuring instrument during use process as specified under Chapter IV of this Circular.

3. Complying with requirements of professional, specialized levels and occupational experience for users of measuring instrument prior to performing measurement as specified by competent metrology regulatory agencies.

4. Satisfying requirements as per the law to enable individuals with relevant rights and obligations to supervise and examine measurement implementation, measurement methods, measuring instrument and goods.

5. Complying with metrological inspection of competent authorities as per the law.”.

4. Amendments to Article 28 as follows:

“Article 28. Responsibilities of agencies acting as consultant to and assisting People’s Committees of provinces and central-affiliated cities in managing science and technology affairs within their competence

1. Directing Sub-directorates for Standard, Metrology and Quality to perform state inspection regarding metrology as per the law.

2. Directing inspectors of agencies acting as consultant to and assisting People’s Committees of provinces and central-affiliated cities in managing science and technology affairs to inspect compliance with regulations and law on metrology in the areas, dealing with complaints, accusations and taking actions against metrology violations as per the law.”.

5. Amendments to Article 29 as follows:

“Article 29. Responsibilities of Sub-directorates for Standard, Metrology and Quality of provinces and central-affiliated cities

1. Publicizing and guiding relevant organizations and individuals to comply with this Circular.

2. Inspecting and imposing administrative metrology penalties for group 2 measuring instrument in the area as per the law.

3. Performing state inspection regarding metrology for measuring instrument in the areas within their responsibilities specified under Clause 3 Article 13 of Decree No. 86/2012/ND-CP dated October 19, 2012 of Government on elaborating to Law on Metrology.

4. On an annual basis before May 30 or on a irregular basis at request for state management, producing reports on implementation of accreditation and comparison, proposed number of measuring instrument required to be accredited and compared and organizations designated to perform accreditation in the areas and submitting to the Directorate for Standards, Metrology and Quality and agencies acting as consultant to and assisting People’s Committees of provinces and central-affiliated cities in managing science and technology affairs in the areas.”.

Article 2. Implementation

This Circular comes into force from January 01, 2020.

Article 3. Implementation

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

2. Director General of Directorate for Standards, Metrology and Quality is responsible for guiding and organizing implementation of this Circular.

3. Ministers, heads of ministerial agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals are responsible for the implementation of this Circular./.

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