Vietnam: Determining the time of violating measurement laws

On October 19, 2012, the Government of Vietnam issued Decree No. 86/2012/NĐ-CP detailing and guiding the implementation of a number of articles of the Law on Metrology of Vietnam.

Xác định thời gian vi phạm pháp luật về đo lường, Nghị định 86/2012/NĐ-CP

According to Article 9 of Decree No. 86/2012/NĐ-CP of Vietnam’s Government, the period of violating measurement laws is the period from the time of starting to commit the violation until the time such violation is discovered by competent State agencies.

- The time of starting to commit the violation of measurement laws to make illegal gain as prescribed in Clause 1 Article 8 of this Decree is the closest time with the time when competent State agencies discover the violation, and determined according to one of the following times:

+ The time of starting to sell the pre-packed goods written on the contract, financial invoice, or the customs declaration sheet with customs clearance certification;

+ The time of the latest metrological inspection carried out by competent agencies, regarding the quantity of the pre-packed goods.

- The time of starting to commit the violation of measurement laws to make illegal gain prescribed in Clause 2 Article 8 of this Decree is the closest time with the time when competent State agencies discover the violation, and determined according to one of the following times:

+ The time of the latest metrological inspection carried out by competent agencies;

+ The time of the latest inspection of the measurement instruments;

+ The time of the occurrence of the measurement variance recorded by a measurement instrument or by other technical, professional measures as prescribed by competent State agencies.

View details at Decree No. 86/2012/NĐ-CP of Vietnam’s Government, effective from December 15, 2012.

Le Vy

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