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STATE COUNCIL SOCIALIST REPUBLIC Of VIETNAM
Independence-freedom-Happiness
Hanoi, 16 July 1990.
Article 1
Weighing and measuring are the acts of determining the value of the quantity being weighed or measured, and which are closely related to production, business and the every day living of the people.
The State shall exercise uniform management of weights and measures on the basis of the laws of Vietnam and the international treaties which the Socialist Republic of Vietnam has signed or adopted.
Article 2
All individuals and organizations in Vietnam who, or which, engage in activities of , or related to, weights and measures shall abide by the provisions of this Ordinance except where otherwise provided by the international treaties which the Socialist Rep ublic of Vietnam has signed or adopted.
Article 3
The Council of Ministers shall implement the use of standard weights and measures throughout the country.
The State management of weights and measures shall include:
1. Devising a scheme of and plan for weights and measures;
Making provisions for systems and regulations of weights and measures;
2. Organizing measurement bodies in relation to weights and measures and managing the activities of these bodies;
3. Determining legal units of weights and measures;
Establishing and managing a system of standard units of weights and measures, and a system of standard samples;
4. Assessing the standard units of weights and measures and the equipment used in weighing and measuring;
5. Considering and approving samples, granting permission to produce and import facilities for weighing and measuring;
State inspection of weights and measures and dealing with breaches of the laws on weights and measures.
Article 4
State bodies, social organizations, production, business and scientific research units shall, within the scope of their duties and powers, be responsible for inspecting, controlling and creating favorable conditions in order to ensure that the activities of weights and measures are uniform and accurate.
Article 5
Acts of cheating in weights, counting and other activities of weights and measures shall be prohibited.
All organizations and individuals shall have the right to complain about and report any acts which breach the law in relation to weights and measures, to make proposals to the people's committees, State management bodies of weights and measures at all lev els or other authorized bodies on any means by which the effectiveness of weights and measurements activities may be increased. These bodies shall in accordance with the provisions of the law examine and resolve the complaints, accusations, and proposals made.
CHAPTER II WEIGHTS AND MEANSURES MANAGEMENT BODIES
Article 6
Weights and measures management bodies shall include the State management body of weights and measures and management bodies of weights and measures at branch and basic unit levels.
Article 7
The State management bodies of weights and measures shall include:
- The General Department of Standards Weights, Measures and Quality of the State Committee of Science;
- The regional center of Standards Weights Measures and Quality;
- The office of Standards Weights Measures and Quality of the provinces, cities under central authority and equivalent levels.
The Council of Ministers shall make provisions on the organization and structure of the State management bodies of weights and measures.
Article 8
In order to satisfy the need for management of weights and measures by branches and basic units, management bodies of weights and measures at branch and basic unit level shall be established and operated under the guidance of State management bodies of we ights and measures.
Article 9
The State management bodies of weights and measures shall have the following duties and powers:
1. To prepare a scheme and a plan of weights and measures and submit them to the authorized State body for consideration and approval;
To draft laws on weights and measures;
To issue within their powers, regulations and rules on weights and measures;
To organize and inspect the implementation of the schemes, plans for , and legal statutes on weights and measures.
2. To establish and manage a standard systems of weight and measurement units and a system of standard samples;
To maintain and adopt national standards in accordance with the provisions of the State.
3. To organize a system of State standards of control;
To carry out State assessment of standard units of weights and measures and equipment used for weighing and measuring;
To recognize the powers of control of weights and measures by State management bodies at lower levels;
To delegate the State assessment of standard units of weights and measures at lower levels.
4. To test and examine samples and grant permission for the production and, import of weighing and measuring equipment.
5. To carry out State assessment of weights and measures and deal with breaches of the laws on weights and measures according to the scope of their powers.
6. To guide the organization and manage the activities of the State management bodies in relation to weights and measures at lower levels; to guide the establishment and activities of management bodies on weights and measures at branch and basic unit leve ls.
7. To organize science and technology research in relation to weights and measures.
8. To organize the training and improvement of technical skills in relation to weights and measures.
9. To co-operate internationally in relation to weights and measures.
The Council of Ministers shall make provisions on the delegation to bodies at various levels of the power to implement the duties and powers of the State management bodies in relation to weights and measures as referred to this article.
CHAPTER III Legal and Standard Units of Weight and Measure
Article 10
Legal unit of weight and measure means a unit of weight and measure which is recognized by the State and the use of which is permitted.
Legal units of weight and measure which are stipulated in the standards of Vietnam shall conform with the system of international units of weight and measure (SI)
Article 11
Legal units of weight and measure shall be applied in all activities of, and activities related to, weights and measures.
All weighing and measuring equipment shall have written or engraved on them, legal units of weight and measure.
The General Department of Standards Weights Measures and Quality shall make provisions for particular cases which the use of weights and measures different from the legal units of weight and measure may be used.
In international exchange and according to the agreement of the parties concerned, a unit of weight and measure different from the legal units of weight and measure of Vietnam may be applied.
Article 12
Standard units of weight and measure are a technical means of expressing weight and measure in units and which shall be applied to weighing and measuring equipment.
The system of standard units of weights and measures of Vietnam shall include a national standard or highest standard and other standards which are less accurate in the different areas of weights and measures.
The national standard of highest standard shall be considered and approved by the Council of Ministers and shall be compared periodically with the international standard or standards of greater accuracy of a foreign country.
The General Department of Standards Weights Measures and Quality shall make provisions for the system of management of the standard units of weight and measure.
Article 13
Branches and basic units shall be equipped according to their demand with necessary standard weighing and measuring equipment.
The most accurate standard of each branch or local unit shall be its principal standard. Principal standards shall be controlled and determined by the State and certified.
CHAPTER IV STATE ASSESSMENT Of WEIGHTING AND MEANSURING EQUIPMENT
Article 14
State assessment means the examination and certification by the State management body or local unit within their authorized functions, of the nature of the weights and measures and the lawfulness of the weighing and measuring equipment, in accordance with the assessment procedures stipulated by the standards of Vietnam.
Article 15
The weighing and measuring equipment assessed by the State shall include:
1. Weighing and measuring equipment used in determining the quantity of goods at the time of their purchase and sale or delivery and receipt.
2. Weighing and measuring equipment used to ensure labour safety, and to protect health and the environment.
3. Weighing and measuring equipment used in the judicial process and other public activities of the State.
A specific list of weighing and measuring equipment which is subject to State assessment and periodic assessment shall be regulated by the General Department of Standards Weights Measures and Quality.
Article 16
The State assessment process shall include the initial examination, periodic examination, and extraordinary examination.
Initial assessment shall take place in respect of any new weighing and measuring equipment produced, repaired or imported.
Periodic assessment shall also take place in relation to weighing and measuring equipment currently in use.
Extraordinary assessment shall be conducted upon the State inspection of weights and measures taking place.
Extraordinary assessment shall be conducted upon the State inspection of weights and measures taking place.
Article 17
If after State assessment the weighing and measuring equipment is deemed to satisfy the requirements, it shall be stamped or a certificate issued in respect of its assessment in accordance with the provisions of The General Department of Standards Weight s Measures and Quality.
The stamp and certification of assessment by State management bodies of weights and measures shall be delegated to local units, the examination by which shall be legally valid throughout the entire country.
The forging or fraudulent use of the assessment stamp and certificate of examination is prohibited.
Article 18
Organizations which, and individuals who, produce, repair, or import weighing and measuring equipment within the category subject to State examination shall register those facilities for initial assessment.
Organizations which, and individuals who, use weighing and measuring equipment other than that which is within the category subject to State examination shall register that equipment for periodic assessment.
The registration procedures for the assessment of weighing and measuring equipment shall be regulated by The General Department of Standards Weights Measures and Quality.
Article 19
Organizations which, and individuals who, register, weighing and measuring equipment for assessment shall pay an assessment fee. Assessment fees shall be regulated by the Council of Ministers.
CHAPTER V USE Of WEIGHING AND MEANSURING EQUIPMENT AND PURCHASE Of GOODS ACCORDING TO AMOUNT AND QUANTITY
Article 21
Organizations which and individuals who use weighing and measuring equipment shall observe properly the regulation on the maintenance and use of such equipment in order to ensure that their measuring methods are uniform and accurate.
Production and business units shall create favorable conditions in order to ensure that all individuals may inspect the weighing, measuring and counting which takes place at the place of purchase and sale or delivery and receipt.
Article 22
The circulation and use of weighing and measuring equipment which is subject to State assessment shall, in the following circumstances, be prohibited:
1. Where the equipment does not have an examination stamp or certificate.
2. The examination stamp or certificate of the equipment has expired.
3. The equipment is defective and does not satisfy the requirements of weights and measures.
Article 23
Organizations which, and individuals who, produce, purchase or sell goods packaged in specific quantities shall state clearly on the packaging the quantity of goods contained in each package.
The difference between the real quantity of goods and the quantity of goods stated on the packaging shall not exceed the limit permitted by the standards of Vietnam or by the provisions issued by The General Department of Standards Weights Measures and Qu ality.
CHAPTER VI PRODUCTION Of, REPAIRS TO AND CIRCULATION Of WEIGHT AND MEANSURING EQUIPMENT
Article 24
The State encourages organizations and individuals to produce and repair weighing and measuring equipment.
Article 25
Organizations, which, and individuals who, produce or repair weighing and measuring equipment shall register at the State management bodies of weights and measures.
The production of weighing and measuring equipment which is subject to State assessment shall require the permission of the State management body of weights and measures. The samples of the equipment shall also require the assessment and approval of the a bove body.
Weighting and measuring equipment which is produced in accordance with approved samples shall bear a sign of approval stipulated by The General Department of Standards Weights Measures and Quality.
All alterations to and modifications of approved weighing and measuring equipment shall require the permission of the State management body of weights and measures.
Article 26
Organizations which and individuals who produce weighing and measuring equipment which is not subject to State assessment may make a proposal to the State management bodies of weights and measures for the testing, certification of sample and initial asse ssment of that equipment. The weighing and measuring equipment shall also bear the sign of an approved sample stipulated by The General Department of Standards Weights Measures and Quality.
Article 27
When importing weighing and measuring equipment which is subject to State examination, organizations and individuals engaged in export and import business shall require the approval of The General Department of Standards Weights Measures and Quality.
CHAPTER VII STATE ASSESSMENT Of WEIGHTS AND MEANSURES
Article 28
The State management bodies of weights and measures shall perform their State assessment functions in respect of weights and measures throughout the entire country.
The organization and activities of State assessment of weights and measures shall be stipulated by the Council of Ministers.
Article 29
The State function of assessment of weights and measures involves the assessment of compliance with the laws on weights and measures and the making of proposals to prevent and stop any acts which are contrary to the laws on weights and measures.
State assessment of weights and measures shall be performed by State assessment units or officers.
Article 30
In performing the State assessment of weights and measures the State assessment unit leader or officer of weights and measures shall have the following duties and powers:
1. To demand that the organizations and individuals concerned provide documents and address those matters which are necessary for assessment;
To perform technical inspection procedures at the place of assessment;
2. To stop the use or stipulate in respect of weighing and measuring equipment which is unlawful and the packaging of goods which does not satisfy the requirements of weights and measures;
3. To temporarily cease the production of, repairs to, and assessment of weighing and measuring equipment which are contrary to the laws in respect of weights and measures and to make proposals on measures for dealing with the head of the State management body of weights and measures;
4. To prepare reports, impose fines according to their powers and seize unlawful weighing and measuring equipment together with any other evidence in respect of weights and measures and make a proposal of measures to be adopted in dealing with them to the authorized State body;
5. To deliver files in respect of any breaches of the law in relation to weights and measures to a criminal investigation body in the event that there is any evidence of a criminal offense having been committed.
The State assessment unit leader or officer of weights and measures shall be responsible before the law for his conclusions and treatment of matters during the course of assessment.
Article 31
The assessment by the State management bodies of weights and measures shall from a basis for the consideration and resolution of disputes, complaints, and accusations which arise or are made in relation to weights and measures.
The conclusions of The General Department of Standards Weights Measures and Quality shall be deemed to be of the greatest legal significance in relation to weights and measures.
Article 32
Organizations and individuals have the right to make complains to the body which performs the assessment or to the State management body of weights and measures at a direct higher level, in relation to the conclusions and treatment of matters during the a ssessment of weights and measures at their place.
The decision of the State management bodies at a direct higher level on weights and measures shall be binding.
CHAPTER VIII REWARDS AND PENALTIES
Article 33
Organizations and individuals recording achievements which increase the effectiveness of weights and measures activities or discovering breaches of the laws on weights and measures shall be rewarded in accordance with the general provisions of the State.
Article 34
Any individual who is discovered cheating in weighing, measuring or counting failing to implement the provisions in relation to State assessment of weighing and measuring equipment, using, producing or circulating illegal weighing and measuring equipment, using or forging and examination stamp, or certificate of examination for the purpose of fraud or breaching other regulations of this Ordinance shall, according to the of seriousness of the offense, be disciplined or subjected to administrative penalty or criminal responsibility in accordance with the provisions of the law.
CHAPTER IX IMPLEMENTATION PROVISIONS
Article 35
This Ordinance shall be of full force and effect as of 1 October 1990.
Article 36
All previous regulations which are inconsistent with this Ordinance are hereby repealed.
for The State Council of the Socialist Republic of Vietnam President
VO CHI CONG