Is it illegal to use a platform scale without an inspection stamp when doing business in Vietnam?

Is it illegal to use a platform scale without an inspection stamp when doing business in Vietnam?

Pursuant to Clause 4, Article 3 of Circular 23/2013/TT-BKHCN amended by Clause 1, Article 1 of Circular 07/2019/TT-BKHCN, regulations on word interpretation are as follows:

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;

Pursuant to Article 4 of Circular 23/2013/TT-BKHCN amended by Clause 2, Article 1 of Circular 07/2019/TT-BKHCN regulating the List of measuring instrument, metrology control methods and measuring instrument accreditation frequency as follows:

The list of measuring instruments, measurement control measures and measuring instrument inspection cycles includes:

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:

No.	Name of measuring instrument	Metrology control method				Accreditation frequency
		Sample approval	Accreditation
			Initial	Periodic	Post-repair
(1)	(2)	(3)	(4)	(5)	(6)	(7)
1	Measuring instrument for length:
	- Retractable ruler	-	x	-	-	-
	- Photoelectric distance measuring instrument	-	x	x	x	12 months
	- Water depth measuring instrument	-	x	x	x	12 months
	- Measuring instrument for depths of underwater structure	-	x	x	x	24 months
2	Taximeter	x	x	x	x	18 months
3	Measuring instrument for vehicular speed	x	x	x	x	24 months
4	Level measuring instrument	-	x	x	x	12 months
5	Electronic total station	-	x	x	x	12 months
6	Analytical balance	-	x	x	x	12 months
7	Bench scale	-	x	x	x	12 months
8	Universal scales:
	- Dial spring scale	x	x	x	x	24 months
	- Table top scale; beam scale; steel hanging scale	x	x	x	x	12 months
9	Crane scale	x	x	x	x	12 months
10	Vehicle scale	x	x	x	x	12 months
11	Specialized vehicle scale for vehicle load inspection	x	x	x	x	24 months
12	Static railway scale	x	x	x	x	12 months
13	Active railway scale	x	x	x	x	24 months
14	Conveyor scale	x	x	x	x	12 months
15	Vehicle load inspection scales	x	x	x	x	12 months
16	Weights:
	- E2 accuracy weights	-	x	x	x	24 months
	- F1 accuracy weights or less	-	x	x	x	12 months
17	Tensile and yield strength testing instrument	-	x	x	x	12 months

- 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”.

According to this Article, for measuring equipment such as platform scales, testing and certification are required. Thus, your company using a scale without an inspection stamp or inspection certificate is violating the law in Vietnam.

Is it illegal to use a platform scale without an inspection stamp when doing business in Vietnam? (Image from the Internet)

What is penalty for platform scales that do not comply with the law in Vietnam?

Pursuant to Clause 2, Article 3 of Decree 119/2017/ND-CP stipulating maximum fines and organizations carrying penalties for administrative violations as follows:

2. The fines specified herein are imposed for administration violations committed by organizations. The fine for the same violation committed by an individual shall be 50% of that imposed upon an organization, except for the provisions stated in Articles 11, 12 and 13 herein.

Pursuant to Point a, Clause 1, Article 10 of Decree 119/2017/ND-CP, regulations on violations against regulations on use of group 2 measuring instruments are as follows:

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for any of the following violations if one or some measuring instruments is/are not exceeding VND 1,000,000 (according to the value of new measuring instruments with the same types or those having equivalent specifications from the day on which the administrative violation is committed): 

a) Failure to obtain the certificate of inspection/calibration (stamp, marking, certificate);

Thus, your company using a platform scale without an inspection stamp will be fined from 500,000 VND to 1,000,000 VND when using one or more measuring devices with a total value of up to 1,000,000 VND.

Best regards!