CIRCULAR

ON AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 28/2013/TT-BKHCN DATED DECEMBER 17, 2013 OF THE MINISTRY OF SCIENCE AND TECHNOLOGY OF VIETNAM ON STATE INSPECTION OF MEASUREMENT

Pursuant to Law on Measurement dated November 11, 2011;

Pursuant to Decree No. 95/2017/ND-CP dated August 16, 2017 of the Government of Vietnam providing for functions, tasks, powers and functional structure of the Ministry of Science and Technology;

Pursuant to Government’s Decree No. 86/2012/ND-CP dated October 19, 2012 providing for detailed regulations and implementation guidance on some certain articles of the Law on Measurement;

Pursuant to Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government of Vietnam on amendments to certain Articles of Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government elaborating certain articles of the Law on Product and Goods Quality and Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government providing for detailed regulations and implementation guidance on certain articles of the Law on Measurement;

At the request of the General Director of Directorate for Standards; Metrology and Quality and Director of Department of Legislation of Vietnam;

Minister of Science and Technology promulgates a Circular on amendments to certain articles of Circular No. 28/2013/TT-BKHCN dated December 17, 2013 of the Minister of Science and Technology of Vietnam on state inspection of measurement.

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1. Amendments to Point a Clause 1 Article 1:

“a) Inspection of measuring instruments, measurement methods and quantity of pre-packaged goods in production or those on sale or those in use;”.

2. Amendments to Clause 3 Article 21:

“3. If any measuring instrument or quantity of pre-packaged goods imported is found not comply with law provisions on measurements during inspection of goods on sale or those in use, the presiding authority of inspection shall take actions as authorized and notify in writing to the Directorate for Standards; Metrology and Quality. According to the seriousness and influence of the violation, the Directorate for Standards; Metrology and Quality shall consider and notify in writing to the Office specialized in consulting about standards, metrology and quality or the Sub-department for Standards; Metrology and Quality and customs authorities of place in which the goods are imported that they shall increase inspection of goods at the border checkpoint or request the competent regulatory agencies to issue a decision on temporary suspension or termination of import of such measuring instrument or pre-packaged goods.”.

Article 2. Annulments of certain Articles of Circular No. 28/2013/TT-BKHCN dated December 17, 2013 of the Ministry of Science and Technology of Vietnam on state inspection of measurement

1. Annulment of Chapter II; clause 1 Article 39.

2. Annulment of Form No. 01. DKKT, Form No. 02. PTNHSDK and Form No. 03. TBKQKT in the Appendix issued together with Circular No. 28/2013/TT-BKHCN dated December 17, 2013 of the Ministry of Science and Technology of Vietnam on state inspection of measurement.

Article 3. Entry into force

This Circular comes into force from September 12, 2022.

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1. The Director General of the Directorate of Standards; Metrology and Quality is responsible for organizing and guiding the implementation of this Circular.

2. Should any question or difficulty arise during implementation, the entities concerned shall promptly inform in writing the Ministry of Science and Technology for further instructions.

3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities, relevant organizations and individuals are responsible for implementation of this Circular./.

MINISTER




Huynh Thanh Dat