Things to know about the Law on Measurement 2011

Below are some basic contents of the Law on Measurement of Vietnam.

The Law on Measurement of Vietnam regulates measurement, rights and responsibilities of entities participating in measurement; State management responsibility for metrology is regulated within the scope of establishing and using units of measurement in manufacturing, trading, using, verifying, calibrating and testing measuring instruments, making measurements; pre-packed goods quantification; measurement management. The law applies to domestic organizations and individuals, overseas Vietnamese, international organizations, foreign organizations and individuals when participating in measurement activities and activities related to measurement activities in Vietnam.

One of the principles of measurement is that the accuracy and consistency must be assured; improve the quality and efficiency of socio-economic activities, raise the competitiveness of products, goods and services on domestic and international markets, contribute to ensuring fairness between the parties involved in the purchase, sale and payment of goods and services; ensure safety, protect community health, protect the environment; promote trade; strengthen the effectiveness and efficiency of the state management of measurement, promote socialization, promote the initiative and self-responsibility of participating organizations and individuals.

The State formulates policies to promote the application, research and development of science and technology in measurement; encourages and creates conditions for domestic organizations and individuals, overseas Vietnamese, international organizations, foreign organizations and individuals to invest, develop and cooperate internationally in measurement activities; encourages organizations and individuals to establish, maintain and have a quality management system recognized in accordance with national and international standards when performing measurement activities. Promote international metrology activities, sign international treaties on metrology, inspection, calibration and testing results between Vietnamese organizations and corresponding organizations of other countries and subjects of international law; exchange experts, train and foster meteorologists with other countries and international organizations, but must respect independence, sovereignty, equality, and mutual benefits.

In order to ensure the legitimate rights and interests of consumers, and to contribute to the prevention of illegal acts, the Law on Measurement of Vietnam strictly prohibits acts of deliberating detriment to national interest, defense and security, public order and lawful rights and interest of entities by taking advantage of measuring. Deliberate falsification of measuring instrument and measuring results; deliberate provision and falsification of testing, inspection and calibration results of measuring instrument and standards; acts of forging, erasing and editing quantity markings, inspection marks, seals and certificates are also prohibited.

The Law on Measurement of Vietnam stipulates that every entity producing and trading measuring instruments and measurement standards shall have the right to select testing, inspection and calibration bodies to implement measurement control measures over measuring instruments and measurement standards; file complaints about testing, inspection and calibration results; initiate legal proceedings in case of breach of contracts signed with the testing, inspection and calibration body. These entities also have the responsibility to take measures for measurement control over measuring instruments and measurement standards; undergo inspection conducted by the State competent authority under regulations of laws; provide reliable information on specifications of measuring instrument and standards; provide instructions on transport storage conditions and usage of measuring instrument and standards. Concurrently, this Law also specifies rights and responsibilities of testing, inspection and calibration bodies; rights and responsibilities of measuring instrument and measurement standard users; rights and responsibilities of pre-packaged goods producers and traders; rights and responsibilities of consumers; rights and responsibilities of socio-professional organizations specialized in measurement. 

The competent state agency in charge of metrology is under the Ministry of Science and Technology, under the People's Committees of provinces and districts shall assume the prime responsibility for, and coordinate with concerned agencies and organizations in, performing the state inspection of metrology according to their competence and management scope. State inspection activities on metrology to ensure that measuring instruments in use, measurements and measurement methods comply with regulations on metrology in order for the measurement results to be within the allowable limits, the prepackaged goods must be in the correct quantity in accordance with the regulations on measurement in order to meet the general development requirements of the country. Handling violations of measurement, if causing damage, must compensate and remedy the consequences according to the provisions of law, ensuring the interests of consumers and social justice. In case of administrative violation in metrology, the amount of illicit profit during the course of violation is greater than the maximum fine in the field of metrology, imposing a fine of between 01 and 05 times the amount of such illicit profits.

The Government uniformly manages metrology throughout the country. The Ministry of Science and Technology is responsible before the Government for measuring, promulgating or submitting to competent agencies for promulgation legal documents, policies, strategies, master plans and plans; organizing applied research and development of science and technology in metrology; training, fostering and developing human resources for measurement activities; examining, inspecting, settling complaints and denunciations and handle violations of measurement. Provincial-level People's Committees shall organize the implementation of the State's regulations on measurement in their localities; promulgate necessary documents for measurement management; plan and set aside appropriate funds for the construction of material and technical foundations, and the procurement of necessary equipment for measurement management; propagate, disseminate and guide the law on measurement to organizations and individuals about measurement; inspect, examine, settle complaints and denunciations and handle law violations in their respective localities.

Source: Than Phuoc Thanh - Department of Justice of Quang Nam province

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